News Updates
ISKCON Bangalore vs. ISKCON Mumbai | Question Of Trademark's Proprietorship To Be Determined By Registrar: Bombay High Court
The Bombay High Court has clarified that its previous decision of 2020, allowing the trademark infringement suit filed by ISKCON Mumbai against a clothing manufacturer was limited to recognizing ISKCON as a well known trade mark in India within the meaning provided in Sections 2 (1)(zg) of the Trade Marks Act, 1999.A division bench of Justices G.S. Patel & Gauri Godse made it clear...
Punjab & Haryana High Court Upholds Direction To BSNL To Pay Mesne Profits For Unauthorised Possession Of Suit Property After Lease Expiry
Punjab and Haryana High Court has recently upheld an order of the Trial Court directing BSNL to pay mesne profit at the rate of Rs. 1,000 for being in unauthorised possession of the suit property after the expiry of the lease deed. The bench comprising Justice Arvind Singh Sangwan further held that no substantial question is involved in the instant case and it is a pure finding of...
Suits Against Govt | Refusal Of Interim Relief After Grant Of Leave To File Suit Without Notice U/S 80 CPC Does Not Require Return Of Plaint: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court on Thursday ruled that in case the interim stay sought is not granted after the leave to file suit without issuing notice has been granted to the plaintiff under Section 80(3) of Civil Procedure Code, that does not mean that the plaint is to be returned on refusing to grant such injunction. A bench of Justice Vinod Chaterjee Koul...
The Arbitrator Cannot Award A Lumpsum Amount As Against Specified Claims Without Adjudicating The Claims: Delhi High Court
The High Court of Delhi has held that an award wherein a lumpsum amount is awarded against the specified claims without adjudication of the claims is unsustainable. The Bench of Justice Vibhu Bakhru held that an arbitral tribunal cannot award a lumpsum amount against specified claims of a party merely to meet the ends of justice. The Court also held that an application under...
S.138 NI Act | Evidence Of Power Of Attorney Holder Not Credible Unless They Possess Due Knowledge Of The Transaction: Kerala High Court
The Kerala High Court on Thursday held that the evidence of a power of attorney holder is not credible unless they possess due knowledge of the transaction:Justice A. Badharudeen observed that a complainant alleging offence under Section 138 should make a specific assertion regarding the knowledge of the power of attorney holder in such transactions. The Judge added that a power of...
Rajasthan High Court Issues Notice On PIL Requiring State To Deposit Central Govt Grants In Nationalized Banks Only
The Rajasthan High Court has recently issued notice on a public interest litigation seeking directions to the state government to keep the grants and aid received from the Central Government in any of the nationalised Banks, instead of AU Small Finance Bank.The plea filed by Advocate Sushil Kumar Singh states that it is matter of surprise as to why the State is not having faith in...
Challenge To Presidential Election Can Be Heard Exclusively By Supreme Court: Delhi High Court
The Delhi High Court has recently observed that a petition challenging Presidential election can only be decided by the Supreme Court.Justice Sanjeev Narula observed that the only remedy in relation to a Presidential election can be by way of an election petition after declaration of the result. Further, Section 14(2) of the Presidential and Vice Presidential Elections Act, 1952 confers...
No Claim Certificate Is Invalid If It Is A Pre-Condition To The Release Of Final Payment: Calcutta High Court
The Calcutta High Court has held that a discharge voucher or No Claim Certificate would be invalid on account of 'Coercion' if it is submitted as a pre-condition to the release of final payment. The Bench of Justice Krishna Rao held that a situation where the employer denies the payment of dues to the contractor unless it submits an undertaking to the employer not to make any...
OTS Proposal Is An 'Acknowledgement Of Debt' Under Section 18 Of Limitation Act: NCLAT Delhi
The National Company Law Appellate Tribunal ("NCLAT"), New Delhi Bench, comprising of Justice Anant Bijay Singh (Judicial Member) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in Tejas Khandhar v Bank of Baroda, has held that a One Time Settlement (OTS) proposal falls within the definition of 'acknowledgement of debt' under Section 18 of the Limitation...
Similar Matters Pending Before The Facilitation Council Under The MSME Act; Parties Can Be Referred To Arbitration: Jharkhand High Court
The Jharkhand High Court has ruled that merely because one of the parties has approached the Facilitation Council under the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act) for adjudication of a similar dispute, the application for appointment of arbitrator cannot be held to be not maintainable. The Single Bench of Justice Sujit Narayan Prasad held that in view of...
A Party Can Withdraw Its Consent For Reference To Arbitration Under Section 89 Of The CPC Anytime Before The Court Acts Upon Such Consent: Gujarat High Court
The Gujarat High Court has held that a party can withdraw its consent for reference to arbitration under Section 89 of CPC anytime before the court has acted upon such a reference. The Bench of Justice Umesh A. Trivedi was dealing with a Special Civil Application under Article 227 against an order of the Civil Judge whereby the application jointly given by the parties to the...