Page 8 - High Court

SC stays Bombay HC order, allows Pune eatery to use 'Burger King'

The Supreme Court has stayed a Bombay High Court order restraining a Pune eatery from using trademark "Burger King" until the infringement plea by the US food giant was heard and decided. A bench of Justices B V Nagarathna and Satish Chandra Sharma issued notice to Burger King Corporation on the appeal against the high court order. "The impugned order is stayed until further orders. However, the pendency of this special leave petition would not come in the way of the high court disposing of the appeal filed by the respondent herein as expeditiously as possible. We say so having regard to the fact that the respondent herein has been unsuccessful in the suit filed by it as the suit has been dismissed," the bench said on March 7. The Bombay High Court on December 2, 2024 restrained the Pune-based food business from using the name. The company in August, 2024, filed an appeal in the high court, challenging an order passed by a Pune court the same month dismissing its suit alleging ...

SC disapproves 'long dates' in matters of liberty, urges expedited hearing

The Supreme Court on Thursday said courts were not expected to keep the matters concerning liberty after a long gap. A bench of Justices B R Gavai and Augustine George Masih made the observation after being informed that the Punjab and Haryana High Court posted the hearing of a plea for temporary bail on medical grounds after two months. The petitioner's counsel said he had approached the high court for the grant of temporary bail on the ground that his client's two-year-old daughter needed urgent surgery. The lawyer argued the high court, in its order passed on February 21, posted the matter on April 22. "In the matters of liberty, the courts are not expected to keep the matter at such a long date," the bench said and permitted the petitioner to move the high court for an earlier hearing. The bench asked the high court to advance the date and hear the issue at least with regard to grant of temporary bail on the medical ground of operation of the petitioner's daughter. The ...

Insurance nominations can't override personal succession laws: Karnataka HC

In a crucial ruling, the Karnataka High Court has held that an insurance policy nominee does not have absolute rights over insurance benefits if the policyholder's legal heirs stake a claim. The court clarified that Section 39 of the Insurance Act, 1938, which governs nominations, does not override personal succession laws like the Hindu Succession Act, 1956. The judgment came in the case of Neelavva @ Neelamma vs Chandravva @ Chandrakala @ Hema and Others, where a dispute arose over the rightful claimants to an insurance payout. Justice Anant Ramanath Hegde ruled that a nominee can receive the insurance benefits only if the legal heirs do not claim them. If a legal heir asserts their right, the nominee's claim must yield to personal succession laws. The case involved a man who had named his mother as the sole nominee for two insurance policies before his marriage. After his marriage and the birth of his child, he did not update the nomination. Following his death in 2019, a legal .

U'khand HC asks if state can seek fresh input on UCC's live-in provisions

The Uttarakhand High Court has asked the state government whether it can invite suggestions afresh on the Uniform Civil Code (UCC) and consider making amendments wherever necessary. A division bench of the high court comprising senior Justices Manoj Tiwari and Ashish Naithani posed the query on Thursday to Solicitor General Tushar Mehta while hearing two new petitions challenging the UCC's provisions regarding live-in relationships. Mehta who attended the hearing via video-conferencing responded by saying all suggestions are always welcome. According to Chief Standing Counsel C S Rawat, the court also orally asked the Solicitor General to request the state assembly to implement necessary amendments to the UCC which was brought into effect in the state on January 27. The court also asked the state through the chief standing counsel whether it would be willing to make the necessary tweaks in the UCC. The PILs heard on Thursday challenged the constitutionality of information sought f

Delhi HC orders restraint on 'imposter' sites using Tata trademark

The Delhi High Court has restrained imposter domains found infringing the trademark of Tata Power Solar Systems Limited. Justice Amit Bansal was hearing the plea filed by Tata Power Solar Systems Limited against the infringement of its trademark by registrants of four imposter domains: www.tatapowersolardealership.co.in, www.tatapowersolars.com, www.tatapowersolars.org and www.tatapowersolarroof.com In a February 13 order, the court said, A bare perusal of the impugned domain names and email addresses used by the defendants (imposter domains registrants) makes it apparent that the said defendants have slavishly copied the plaintiffs' registered and well-reputed trademark TATA' and TATA POWER SOLAR' formative marks and the products of the said defendants bearing the impugned marks are being used for identical services, i.e., solar energy solutions. The court said it was a "clear case of infringement" of trademarks where the imposter domains took unfair advantage of the reputation and

SC directives mandatory while granting building plan permission: Madras HC

The Madras High Court has observed that the directives issued by the Supreme Court over granting building planning permission and demolition of unauthorized constructions have become the law of the land and that they have to be followed by the agencies concerned. The Chennai Metropolitan Development Authority (CMDA) and the Greater Chennai Corporation and other local bodies have to follow the directives under the provisions of the various statutes for granting building plan permission proceedings. The court said no unauthorized construction shall be allowed to remain and the authorities were bound to initiate appropriate action on receipt of information or complaint from any person. Since the law has been declared by the Supreme Court, no leniency or misplaced sympathy can be shown by the courts merely on the ground that the person violated has invested some amount. The builders and contractors were emboldened to commit such illegalities at the cost of the people with the fond hope .

Husband can't be charged for rape, unnatural sex with wife: Chhattisgarh HC

The Chhattisgarh HC ruled that a husband can't be charged with rape or unnatural sex if the wife is above 15, as marital rape isn't recognised under Indian law, overturning a conviction

Mahakumbh stampede: PIL in HC seeks panel to get missing persons' details

A public interest litigation has been filed before the Allahabad High Court, seeking the constitution of a judicial monitoring committee to collect details of people who went missing during the January 29 stampede at the Maha Kumbh. In the PIL, petitioner Suresh Chandra Pandey of Prayagraj district referred to the reports suggesting that the bodies of the stampede victims were being stored in appalling conditions. They are reportedly left on the floor, wrapped in gunny bags, with no provisions for refrigeration leading to decomposition, it claimed. A day before this PIL was filed in the high court, the Supreme Court on February 3 refused to entertain a PIL seeking action against Uttar Pradesh state officials for the stampede. The Supreme Court had asked the petitioner to approach the Allahabad High Court. In the early hours of January 29, a huge crowd broke through barriers at the Maha Kumbh and trampled over devotees who had been waiting overnight at the ghats to take a holy dip

Siddaramaiah gets relief as Karnataka HC rejects CBI probe in MUDA case

The Karnataka HC dismissed a plea for a CBI probe against CM Siddaramaiah in the MUDA case, affirming the Lokayukta's independence and ruling that its investigation is fair

J-K HC to hear case challenging LG's power to nominate MLAs on March 20

The Jammu and Kashmir and Ladakh High Court has scheduled the final hearing on March 20 for a PIL challenging the authority of the J&K Lieutenant Governor to nominate five members to the Legislative Assembly of the Union Territory. A division bench comprising Justice Sanjeev Kumar and Justice Rajesh Sekhri directed both parties to complete the pleadings, including replies and counter-replies, by March 20 when the final hearing takes place. During the proceedings, Solicitor General Tushar Mehta appeared for the respondents, while Senior Supreme Court lawyer Dr Abhishek Manu Singh, along with D K Khajuria, represented the petitioner Ravinder Sharma. The court said that the bench will be available for the entire day on March 20. Chief Justice Tashi Rabstan had last October constituted a special division bench to hear the public interest litigation concerning the nomination of the five MLAs. On October 14, the Supreme Court declined to entertain the plea and directed the petitioner to

Karnataka HC says ED's search, seizure at ex-Muda chief's home unlawful

The Karnataka High Court ruled on Wednesday that the Enforcement Directorate's search and seizure at the residence of former Commissioner of MUDA was unlawful and an abuse of legal procedures. The court also granted the official the right to initiate legal action against those involved in the search. The case is linked to allegations of illegal site allotment to Parvathy B M, the wife of Karnataka Chief Minister Siddaramaiah. Justice Hemant Chandangoudar, delivering the verdict, stated that the ED must uphold fairness in its investigations, as it is a key agency responsible for tackling money laundering. He emphasised that searches conducted arbitrarily infringe upon the fundamental right to liberty and privacy under Article 21 of the Constitution. The court found that the ED had no prima facie evidence to invoke Section 3 of the Prevention of Money Laundering Act (PMLA), making the search baseless and a violation of legal procedures. "The ED cannot disregard procedural fairness .

Try to amicably resolve dispute over Lodha trademark: HC to Lodha brothers

The Bombay High Court on Monday suggested Abhishek Lodha and his brother Abhinandan Lodha to try and amicably resolve the issue over the use of 'Lodha' trademark. The Abhishek Lodha-promoted Macrotech Developers Ltd earlier this month filed a suit in the HC against Abhinandan Lodha's real estate firm, House of Abhinandan Lodha, claiming the name 'Lodha' was their trademark and no one else could use it. The suit sought Rs 5,000 crore as damages from Abhinandan Lodha's company. In an interim application, Macrotech Developers sought a perpetual injunction against the defendants from infringing their trademark 'Lodha'. On Monday, a single bench of Justice Arif Doctor while hearing the application said since the dispute was primarily between two brothers, the possibility of an amicable resolution should be attempted. "Ultimately it appears to be a dispute between two brothers. The genesis appears to be between the two brothers. Has some effort been made to sit down and resolve it?" Jus

HC orders incineration of Union Carbide waste after review: Vijayvargiya

Madhya Pradesh Minister Kailash Vijayvargiya on Sunday said the high court ordered the incineration of the 337 tonnes of waste from the Union Carbide factory at a unit in Pithampur after carefully observing the process. Earlier this month, protests rocked Pithampur, around 50 km from Dhar district headquarters, after the waste from Bhopal-based Union Carbide reached a private facility for incineration. Since the protest, the local administration has been carrying out an intense awareness campaign to allay the said misconceptions about waste disposal. Talking to reporters after participating in a Republic Day function in Dhar, Minister Vijayvargiya expressed satisfaction with the public awareness campaign in the district. He cited an awareness video that answered all questions raised in a previous meeting. "The work of waste disposal is being done scientifically. I think the high court has observed the entire incineration process, and only after that directives have been issued. ..

Singapore High Court allows WazirX parent to hold creditors' meet

The crypto exchange said it will notify creditors with details of this process

Saif Ali Khan's Rs 15,000 cr family properties may be taken over by govt

The Madhya Pradesh High Court lifted a stay on Pataudi family properties linked to Saif Ali Khan, paving the way for the government to seize the properties

HC to hear Abhishek Lodha's plea to stop brother from using 'Lodha' name

The Bombay High Court on Tuesday said it would hear on January 27 the application filed by Abhishek Lodha- promoted Macrotech Developers Ltd seeking an injunction against his younger brother from using the trademark 'Lodha'. Last week, the company filed a suit against Abhinandan Lodha's real estate firm, House of Abhinandan Lodha, claiming that the name 'Lodha' was their trademark and no one else could use it. In an interim application, the company sought a perpetual injunction against the defendants from infringing its trademark "Lodha". The application came up for hearing on Tuesday morning before a single bench of Justice Manish Pitale. The court, however, noted that it could not hear the plea, as the suit had sought damages of Rs 5,000 crore. As per court assignment, any suit that sought damages of more than Rs 100 crore would have to be heard by the single bench of Justice Arif Doctor. The company's advocate, Hiren Kamod, in the afternoon mentioned the application before the

UK phone hacking case: Prince Harry takes on media mogul Rupert Murdoch

Rupert Murdoch's holdings include major newspapers like The Sun and The Times and broadcasters such as Sky and Fox News

RG Kar rape-murder case: Convict Sanjay Roy sentenced to life imprisonment

During sentencing arguments, Sanjay Roy's lawyer opposed capital punishment, stressing the need for evidence to justify the claim that the convict was beyond reformation

Yasin Malik trial: SC orders to ensure proper VC facilities in Jammu court

The Supreme Court on Monday directed the registrar general of the Jammu and Kashmir High Court to ensure proper video-conferencing facilities at a Jammu special court hearing two cases against jailed JKLF chief Yasin Malik and others. A bench comprising Justices Abhay S Oka and Ujjal Bhuyan further directed the Delhi High Court registrar general to ensure proper video-conferencing facilities in Tihar jail where Malik is lodged in a separate terror financing case. Both high court registrars were directed to file the status reports on February 18 by the bench, which posted the hearing on the CBI plea on February 21. "We have perused the observations made by the (special) judge (of the Jammu court). At two places, he has recorded that the video-conference system in his court was not functioning properly," the court said. The bench therefore directed the registrar general of Jammu and Kashmir High Court to look into what was "stated by the learned judge" and "take immediate steps for .

Karnataka HC stays defamation case proceedings against Rahul Gandhi

The Karnataka High Court on Friday issued an interim order pausing the trial court proceedings against Congress leader Rahul Gandhi in a criminal defamation case filed by the state BJP. Senior advocate Shashi Kiran Shetty, appearing on behalf of Gandhi, informed Justice M Nagaprasanna that this was the first time the case was being heard. After reviewing the plea, the court ordered, "Emergent notice to the respondent returnable by February 20. By way of interim order, there shall be a stay of further proceedings." The next hearing is scheduled for February 20. The defamation case is linked to the Karnataka Pradesh Congress Committee's "Corruption Rate Card" advertisements, which alleged that BJP leaders demanded commissions for government appointments and transfers. The advertisement ahead of the assembly polls had accused the then BJP government in the state of indulging in large-scale corruption during its 2019-2023 rule. The BJP has dismissed these claims as misleading and ...