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A Tread Pattern That Is Almost Identical To A "Suit Pattern" That Is Registered As A Design Would Nevertheless Be Considered A Trademark: HC Delhi

Why in news The Delhi High Court found that registering a tread pattern as a design would not automatically prevent it from being treated as a "trade mark" within the meaning of the Trademarks Act, 1999 in a case involving the alleged copying of the tread pattern of tyres. Fac..

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The Kerala High Court Objects To Pilgrims Bringing Movie Celebrity Posters To Sabarimala, Stating That The Freedom To Worship Must Be Practised In Accordance With Tradition And Custom

Why in news The Travancore Devaswom Board, which oversees the Sabarimala temple, was recently ordered by the Kerala High Court to take all necessary measures to ensure that pilgrims worship at the temple grounds in a proper manner. The decision was made by a divisional bench comprising Justices Anil K. Narendran and PG. Ajith..

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Simply Stating That The Wife Refused The Child's DNA test during Cross-Examination Is Insufficient To Draw A Negative Inference: High Court Of Bombay

Why in news The Bombay High Court recently dismissed a man's petition contesting the award of maintenance to his wife, noting that it is insufficient to draw a negative inference from a claim that the wife's former spouse refused to submit to a DNA test during cross-examination to determine the paternity of a girl chi..

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A "Robot Lawyer" Will Defend A Human In Court For The First Time In History

According to the business creating the technology, a robot lawyer can "fight corporations, beat bureaucracy, and sue anyone at the click of a button." In a courtroom setting, a "robot lawyer" will represent a human for the first time. According to the business creating the technology, a robot lawyer c..

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A Private Civil Dispute Has Been Converted Into Criminal Proceedings, Which The Supreme Court Has Quashed: Criminal Proceedings Between The SC And ST

The SC and ST (Prevention of Atrocities) Act, 1989's Sections 3(1)(v) and (va), were the subject of criminal proceedings that the Supreme Court annulled because they amounted to an abuse of the legal system by turning a private civil dispute into a criminal case. The appeal challenging the Madras High Court's  /h..

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Parole Period Can't Be Included In Period Of Actual Imprisonment: Supreme Court

While considering 14 years of imprisonment for premature release, the Supreme Court ruled that the Parole time must be deducted from the period of punishment under the Goa Prison Rules, 2006. A Bench of Justices MR Shah and CT Ravikumar ruled that if the parole duration is included as part of the sentencing length, any prisoner..

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2019 Amendment To Arbitration Act

Introduction The term "arbitration act" could refer to any one of several different laws that pertain to arbitration, which is a process of alternative dispute resolution in which a neutral third party called an arbitrator hears and decides a dispute between two parties. The specific arbitration act that applies to a particular arbitration proceeding depends on the jurisdi..

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Foreign Arbitration Awards And Their Implementation

A foreign arbitration award is a decision made by an arbitration tribunal in a dispute between parties from different countries.The recognition and enforcement of foreign arbitration awards is governed by the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention"). This treaty has been ratified by ..

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Powers And Functions Of The Arbitrator Under The Arbitration And Conciliation Act, 1996

Introduction The United Nations Commission on International Trade Law (UNCITRAL), which passed the UNCITRAL Model Law in 1985, was a major factor in India's adoption of The Arbitration and Conciliation Act, 1996. For the purpose of ensuring legal consistency with regard to international commercial arbitration and concilia..

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The Supreme Court Transfers All Petitions Seeking Legal Recognition Of Same-Sex Marriages To Itself

The Supreme Court combined and transferred to itself all petitions for legal recognition of same-sex marriages pending before other high courts across the country. A bench composed of Chief Justice DY Chandrachud, Justices PS Narasimha, and JB Pardiwala, directed the Centre to file a joint response to all petitions on the subject and directed that the petitions be l..

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Supreme Court Ruling On SARFAESI: Borrower Must Show Secured Property Is Agricultural Land

According to the Supreme Court, it is the borrower's responsibility to demonstrate that the secured properties are truly being used as agricultural lands and/or for agricultural purposes in SARFAESI proceedings. In this instance, the DRT noted that the subject land was not exempt from the SARFAESI Act's requirements whi..

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The Supreme Court Has Ruled That The MSMED Act's "Dues" Will Not Prevail In SARFAESI Proceedings

The Micro, Small, and Medium Enterprises Development Act of 2006 fees, according to the Supreme Court, would not trump the SARFAESI Act. The MSMED Act shall take precedence over the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, according to the Madhya Pradesh High Court..

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Power Of Court To Refer Parties To Arbitration

INTRODUCTION  Over the past ten years, arbitration has been increasingly popular on both a national and worldwide scale. An agreement to arbitrate a dispute is one that the parties make either before or after it arises. This allows for a swift and confidential resolution of the conflict. But limited judicial court interf..

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No One Can Be Penalised For Holding An Opinion Not In Conformity With indigenous Values Supreme Court

 The Supreme Court noted in its ruling issued moment that no bone can be tested or else punished for expressing an opinion that doesn't accord with indigenous morals.  The Constitution Bench( maturity 4:1) made this observation while ruling that a simple statement made by a Minister in violation of a citizen's..

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Supreme Court Judgment On The Right Of Cinemas To Restrict Food Inside The Theatres

A Supreme Court bench composed of Chief Justice DY Chandrachud and Justice PS Narasimha ruled that a cinema owner could prevent moviegoers from bringing food and beverages into the theatre. The bench, however, stressed that all Cinema Halls must give free hygienic drinking water to all customers in theatres. It was also discovered that when a newborn or child accomp..

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