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Judgments and Orders

Mahendra & Mahendra Paper Mills Ltd v. Mahindra & Mahindra Ltd (2002) - Use of Deceptively Similar Name for Business

 23 November 2020

The decision of the Court in the present case reiterated the settled position of law that the use of a deceptively similar mark would attract the provisions relating to Infringement or Passing-off, as the case demands...

Posted in Others |   3596 hits

Taj Mahal Hotel v. United India Insurance Co. Ltd. (2019) - Contractual obligation of Hotels for Safety of Vehicles in Possession

 21 November 2020

The hotel-owner cannot contract out of liability for its negligence or that of its servants in respect of a vehicle of its guest in any circumstance. Once possession of the vehicle is handed to the hotel staff or valet, there is an implied contractua..

Posted in Others |   1854 hits

Nagamma IDeendhayalan v. The Senior Divisional Personal Officer, Southern Railway (2019) - Civil Revision Petition u/s 115 CPC

 20 November 2020

The Court had taken the decision in a wise manner. However, as mentioned earlier, the status of the first wife should have been a bit clearer. Until the status was clear, the court should not have moved forward. ..

Posted in Others |   1483 hits

TRAI v. M/s Bharti Airtel Ltd & Ors (2020) - Validity of Tariff Order by TRAI

 19 November 2020

The approach adopted by the Supreme Court, though orthodox, is directed towards greater transperancy between service providers and consumers. Its stand ensured that the core principles of nondiscrimination and nonpredation – those that often get lost..

Posted in Others |   1356 hits

TSK Ashwin Kumar v. Tubati Srivalli & Ors (2020) - Contempt & Special Leave Petition

 19 November 2020

The Trial Court is directed to proceed further with the trial of the criminal case, from the stage where it got struck due to the stay order of the High Court. The Trial Court may endeavour to dispose of the matter within a period of two months...

Posted in Others 1 comments |   1508 hits

Facebook Inc v. Mr. Noufel Malol (2020) - Trademark infringement filed by Facebook on FACEBAKE Bakery

 19 November 2020

The court ordered the bakery, its agents and its employees to not use the mark “FACEBAKE” or any other mark which is anywhere similar to plaintiff’s mark...

Posted in Others |   1482 hits

Rajnesh v. Neha (2020) - Guidelines for Matrimonial Allowance

 17 November 2020

In this case, the court reasonably laid down all the criteria/factors to be taken into consideration for determining matrimonial allowances, covering overlapping jurisdiction provided under various laws for payment of maintenance and interim maintena..

Posted in Others |   13044 hits

Arnab Goswami v. State of Maharashtra &Ors (2020) - HCs have a Duty to Protect Human Liberty

 16 November 2020

It cannot be denied that if Arnab Goswami was able to step freely out of prison after 8 days, it is only and only because of the Bench of Justice Dr DY Chandrachud and Justice Indira Banerjee of Apex Court who were listening his interim bail plea alo..

Posted in Others |   1530 hits

Justin @ Ranjith v. UOI (2020) - Constitutional Validity of Reverse Burden of Proof under POCSO Act

 13 November 2020

The single judge bench of Justice Sunil Thomas rejected the arguments of the petitioners and upheld the Constitutional validity of sections 29 and 30 of POCSO Act...

Posted in Others |   3790 hits

VetIndia Pharmaceuticals Ltd v. State of U.P. (2020) - Blacklisting of Commercial Institutions

 11 November 2020

In a significant judgment titled VetIndia Pharmaceuticals Limited vs. State Of Uttar Pradesh in Civil Appeal No. 3647 of 2020 (Arising out of S.L.P. (C) No. 6319 of 2020) delivered as recently as on November 6, 2020, the Apex Court has set aside an i..

Posted in Others |   1346 hits

Rajnesh v. Neha (2020) - Maintenance in Matrimonial Cases

 10 November 2020

The following judgement deals with the SC issuing guidelines for overlapping jurisdiction for payment of maintenance, interim maintenance, criteria for determining the quantum of maintenance and the date from which maintenance is awarded and enforcem..

Posted in Others 1 comments |   12581 hits

Kailash Gupta v. CBSE (2020) - Right to have & change a name is protected under Articles 19& 21

 09 November 2020

The Delhi High Court held that in the case of Kailash Gupta v. CBSE, 2020 SCC OnLine Ker 1590, "to have a name and to express the same in the manner he wishes, is a part of the right to freedom of speech and expression under Article 19 (1) (a) as wel..

Posted in Constitutional Law |   2574 hits

P Roy Burman v. Debalaya Bhattacharjee (2020) - Transfer of Constable when Her Husband Criticized Govt Hospital

 07 November 2020

Court was of the view that it was undoubtedly true that a Government servant holding transferable post and who has transfer liability across the State cannot lightly claim about such transfer...

Posted in Others 1 comments |   1325 hits

Johnny Depp v. News Group Newspapers (2020) - Defense u/s 2 of Defamation Act

 06 November 2020

Justice Nicol observed that undersection 2(4) of the Defamation Act 2013, truth is defence to a claim for libel. It is for a defendant to prove that the libel was substantially true. The burden of proof therefore rests on the defendant. ..

Posted in Others |   1525 hits

Arun Kumar v. State (2020) - Bail u/s 439 CrPC involving POCSO Cases

 06 November 2020

The Madurai Bench of Madras High Court in this case granted bail to the accused man who was responsible for the victim minor girl's pregnancy on the condition that he should marry her when she becomes a major. The court took into account the victim g..

Posted in Constitutional Law |   2724 hits

Rhea Chakraborty v. UOI (2020) - Offences under NDPS Act are Non-Bailable

 02 November 2020

In the 70-page detailed order passed on October 7, 2020, while granting bail to the actress Rhea Chakraborty, Justice Sarang V. Kotwal, at the Bombay High Court, has devoted more than one-third portion of his order to discuss the aspect of the case, ..

Posted in Others |   2138 hits

Maheshwar Tigga v. State of Jharkhand (2020) - Misconception of Fact Arising out of Promise to Marry

 31 October 2020

In a well-reasoned, well-analysed and well worded judgment titled Maheshwar Tigga vs State of Jharkhand in Criminal Appeal No. 635 of 2020 (Arising out of SLP (Crl.) No. 393 of 2020) delivered just recently on September 28, 2020, a three Judge Benc..

Posted in Criminal Law 1 comments |   3107 hits

Maheshwar Tigga v. State of Jharkhand (2020) - Accused has certain legal rights

 31 October 2020

It is most reassuring, most refreshing and most remarkable to note that as recently as on September 28, 2020, the Supreme Court in a latest, landmark and laudable judgment titled Maheshwar Tigga vs State of Jharkhand in Criminal Appeal No. 635 of 2..

Posted in Others |   1711 hits

Finally Three Farm Bills Accorded Final Assent By the President

 31 October 2020

Opposition blocked roads, opposition blocked rails, opposition members screamed to the hilt in Parliament as never seen before, opposition MPs like learned Derek O’ Brien attempted to himself tear the Rule Book in Rajya Sabha, Deputy Chairman was phy..

Posted in Others |   1042 hits

N Rajkumar v The Chief Secretary to Government (2020) - Non-wearing of masks, spitting in public places etc.

 31 October 2020

In a latest, landmark, laudable and learned judgment titled N Rajkumar v. The Chief Secretary to Government and others in Case No. : W.P. No. 9927 of 2020 delivered on September 17, 2020, the Madras High Court Bench comprising of Mr Justice MM Sund..

Posted in Others |   1114 hits