Page 2 - Law

SC rejects Pernod Ricard's plea over London Pride whisky trademark dispute

The Supreme Court on Thursday rejected liquor major Pernod Ricard India's plea to block the sale of London Pride whisky, saying the brand name and packaging were not deceptively similar to its own flagship labels, Blenders Pride and Imperial Blue. A bench of Justices J B Pardiwala and R Mahadevan upheld decisions of the Madhya Pradesh High Court and the Indore Commercial Court which refused to grant the French-owned spirits company an interim injunction against Indore-based manufacturer Karanveer Singh Chhabra. The issue was whether Pernod Ricard India was entitled to an order restraining Chhabra from using the impugned trademark, get-up, and trade dress, including the packaging of LONDON PRIDE' on the ground that such use amounts to infringement its registered trademarks, such as BLENDERS PRIDE', IMPERIAL BLUE', and SEAGRAM'S. It is a settled principle of trademark law that deceptive similarity does not necessitate exact imitation. What is material is the likelihood of confusion o

Vasai-Virar ex-civic chief took bribes to protect illegal construction: ED

Former Vasai-Virar civic commissioner Anil Pawar, arrested in a money laundering case, took "substantial" bribe for turning a blind eye and not taking action against rampant illegal constructions in the twin-city, the Enforcement Directorate told a special court on Thursday. The IAS officer formed a "gang" involving senior officers and junior engineers, among others, soon after taking charge as the civic commissioner three years ago and charged "huge" commission for granting permissions for construction of buildings, the probe agency alleged. Pawar and three others, including two builders, arrested in the case were remanded to ED custody till August 20 by the court. Besides Pawar, Vasai-Virar City Municipal Corporation (VVCMC) town planner Y Shiva Reddy and two builders -- Sitaram Gupta and Arun Gupta -- were arrested on Wednesday by the central agency in connection with the case linked to illegal constructions. They were produced before a special judge handling cases under the ...

SC seeks response from Centre, DGCA over series of helicopter crashes

The Supreme Court on Thursday sought responses from the Centre among others on a plea over a series of helicopter crashes, particularly in Uttarakhand's Kedarnath. A bench of Justices Vikram Nath and Sandeep Mehta issued notices to the Centre and the Directorate General of Civil Aviation (DGCA) and the Uttarakhand government, among others, on the plea. "The concern is over a series of helicopter crashes that have taken place, particularly towards Kedarnath," the petitioners' counsel said. The bench posted the matter after four weeks. On June 15, a helicopter carrying pilgrims from the Kedarnath shrine crashed in the forests of Gaurikund amid poor visibility, killing all seven people on board, the fifth helicopter accident on the Chardham Yatra route since the pilgrimage started on April 30. The seven casualties included a two-year-old child and the pilot, who were on board the helicopter, operated by a private firm. The civil aviation ministry said it has suspended the operations

New three-judge SC bench to hear NCR stray dog case on August 14

After widespread protests across the country following a top court verdict on relocation of stray dogs in Delhi-NCR, a new three-judge bench of the Supreme Court will hear the suo motu case on Thursday. A bench comprising Justices Vikram Nath, Sandeep Mehta and N V Anjaria will hear the matter. The directions to permanently relocate all strays from streets to shelters "at the earliest" were passed by a bench comprising Justice J B Pardiwala and Justice R Mahadevan on August 11. When some petitioners in another stray dogs-related case mentioned their plea while referring to the August 11 verdict before the Chief Justice of India B R Gavai, he said he "will look into it". On August 11, a bench of Justices Pardiwala and Mahadevan observed instances of dog bites had given rise to an "extremely grim" situation and ordered the permanent relocation of all strays in Delhi-NCR "at the earliest". On Wednesday, the lawyer referred to a May 2024 order passed by a bench led by Justice J K ...

Higher payouts to land owners: SC directs SIT probe against Noida officials

The Supreme Court on Wednesday ordered an SIT probe against Noida officials for allegedly colluding with builders to pay compensations to land owners beyond their entitlement. A bench of Justices Surya Kant and Joymalya Bagchi accepted the findings of the special investigation team (SIT) which found prima facie substance in the allegations. The bench asked the recommendations of the SIT headed by senior IPS officer S B Shiradkar to be given to Uttar Pradesh chief secretary who was asked to place it before the council of ministers to consider converting Noida into a "metropolitan council". Taking serious note of the SIT's findings, the top court constituted a fresh SIT comprising three senior IPS officers to assess the bank accounts and assets of erring Noida officials and other beneficiaries of the irregularities with the help of forensic auditors and experts from economic offence wings. "DGP, UP shall constitute an SIT comprising three police officers of IPS cadre to investigate t

SC restrains Assam Police from coercive action against Wire's Varadarajan

The Supreme Court on Tuesday restrained Assam Police from taking any coercive action against senior journalist Siddharth Varadarajan in connection with an FIR lodged against him over an article on Operation Sindoor. A bench of Justices Surya Kant and Joymalya Bagchi issued notice on the PIL filed by the Foundation for Independent Journalism, which runs the web portal 'The Wire', challenging the constitutional validity of Section 152 of the Bharatiya Nyaya Sanhita (BNS). Section 152 of the BNS deals with the "act endangering sovereignty, unity and integrity of India". "Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial means, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shal

No purpose in continuing criminal case against kin after divorce: SC

The Supreme Court on Tuesday said continuation of criminal proceedings against family members after divorce between the couple served no legitimate purpose. A bench of Justices B V Nagarathna and K V Viswanathan passed the direction while quashing an FIR against a father-in-law booked under provisions of Dowry Act and IPC provisions, including Sections 498A (cruelty by husband or his relatives). The top court said the power under Article 142 (to do complete justice) must be invoked to advance the cause of complete justice in matters of such nature. "Once the marital relationship has ended in divorce and the parties have moved on with their lives, the continuation of criminal proceedings against family members, especially in the absence of specific and proximate allegations, serves no legitimate purpose," the bench said. The order continued, "It only prolongs bitterness and burdens the criminal justice system with disputes that are no longer live. The law must be applied in a manner

SC order on stray dogs to be implemented with clear plan: Delhi CM

Delhi Chief Minister Rekha Gupta said the issue of the stray dog menace has reached a critical stage, and the government will address it through a "comprehensive", "well-structured" plan. The Delhi government is also likely to hold a high-level meeting headed by the chief minister on Tuesday and will discuss steps to implement the court order, officials said. The Supreme Court on Monday directed authorities to remove all stray dogs from Delhi-NCR localities and put them in shelters, saying the canines won't return to the streets. The top court was hearing a suo motu case initiated on July 28 over stray dog bites leading to rabies in the national capital. Calling the incidents of stray dog bites "extremely grim", a bench of Justices J B Pardiwala and R Mahadevan passed a slew of directions and warned of strict action against an individual or organisation in case of obstruction, which might also prompt the court to initiate contempt proceedings. The people of Delhi have been grapplin

Bombay High Court clears MIAL to replace Celebi at Mumbai airport

The court had in May restrained MIAL from finalising tenders to appoint new ground handling service provider amid Celebi's legal challenge to revocation of its security clearance by the central govt

Maharashtra moves SC against acquittal of 7/11 train blasts convicts

A division bench of the high court (HC) on Monday overturned the conviction of all 12 accused, saying that cases against them had not been proven beyond a doubt

From lock-ins to rent hikes: Rental clauses that can trip up tenants

From lock-in periods to vague maintenance terms, here's what legal experts say tenants must watch for in rental agreements to protect their money and peace of mind

SC allows Adani Cementation to cut 158 mangrove trees in Raigad

The Supreme Court upheld the Bombay High Court's order permitting Adani Cementation to cut 158 mangrove trees for a jetty project in Raigad, aimed at reducing congestion and carbon emissions

AgustaWestland case: HC reserves order on accused Gupta's plea to quash NBW

The Delhi High Court on Wednesday reserved its verdict on a plea filed by businessman and AgustaWestland case accused Shravan Gupta who sought quashing of a non-bailable warrant in a money laundering case probed by the ED, officials said. A Prevention of Money Laundering Act (PMLA) court had issued an "open ended" NBW against him in August 2020. Gupta is alleged to have left for the UK (London) in 2019 after the federal probe agency summoned him for questioning. An Interpol Red Notice was issued against him in August 2023. The ED filed a supplementary chargesheet in February 2022 naming Gupta as an accused in the VVIP chopper case. It has attached assets worth Rs 21 crore in the probe as part of two money laundering investigations against Gupta, director of real estate company MGF Developments. The second PMLA case against is over Rs 180 crore. According to officials, Justice Neena Bansal Krishna on Wednesday heard Gupta's plea of quashing the NBW issued against him. The judge

Companies affected in IPR cases can press criminal charges as 'victim': SC

Supreme Court allows companies affected by IPR violations to file appeals as 'victims' under the Code of Criminal Procedure, enabling them to pursue criminal proceedings in such cases

CJI Gavai calls for reforms in legal system while addressing law graduates

The Indian legal system has been facing unique challenges and is badly in need of fixing, Chief Justice of India BR Gavai said on Saturday. Delivering Convocation Address at Nalsar University of Law, Hyderabad at Justice City near here, Justice Gavai advised students to go abroad for studies on scholarships, not to put pressure on family finances. "Even though I conclude that our legal system is badly in need of fixing, I remain cautiously optimistic that my fellow citizens will rise to the challenges, CJI Gavai said. "Our country and legal system are facing unique challenges. Delays in trials can sometimes go for decades. We have seen cases where someone has been found innocent after spending years in jail as an undertrial. Our best talent can help us resolve the problems that we are facing," he further said. He advised the passing out graduates to seek mentors not for their power, but for integrity. Chief Minister A Revanth Reddy and Supreme Court Judge Justice PS Narasimha als

Govt begins collecting signatures of MPs for motion to remove Justice Varma

The government has begun collecting signatures of MPs to move a motion in Parliament to remove Justice Yshwant Varma, who is embroiled in a row following the discovery of burnt wads of currency at his residence after a fire incident. Sources said signatures of many MPs from the Lok Sabha have been collected for the impeachment exercise, an indication that the motion may be moved in the Lower House. A fire incident at Varma's residence in the national capital in March this year, when he was a judge at the Delhi High Court, had led to the discovery of sacks of cash in the outhouse. He was subsequently repatriated to the Allahabad High Court, and an in-house probe ordered by then-Supreme Court Chief Justice Sanjeev Khanna had indicted him. Though Varma has denied any wrongdoing, the enquiry panel had concluded Varma and his family members had covert or active control over the storeroom, where the cash was discovered, proving his misconduct serious enough to seek his removal. After he

Petition in SC seeks electoral roll revision before every election

A plea in the Supreme Court has sought Special Intensive Revision (SIR) of electoral rolls, particularly before parliamentary, state assembly and local body elections in the country. On Monday, the top court agreed to hear on July 10 a batch of petitions challenging the decision of the Election Commission of India (ECI) to undertake special intensive revision of electoral rolls in poll-bound Bihar. A bench of Justices Sudhanshu Dhulia and Joymalya Bagchi on Tuesday asked the petitioner Ashwini Upadhyay, who sought the matter's urgent listing along with the pending petitions opposing the election commission move, to iron out procedural defects before it could be listed for hearing. Upadhyay sought his plea to be heard on July 10, when the other pleas would be heard. His plea sought a direction to the Election Commission of India to conduct the SIR in order to ensure only Indian citizens decided the polity and policy "not the illegal foreign infiltrators". "Demography of 200 distric

Delhi HC asks Centre to frame rules for mode-specific information under RTI

Highlighting a gap in RTI Rules, a division bench of Chief Justice Upadhyaya and Justice Gedela stated the need for providing information in the format sought by applicants while ensuring safeguards

Govt proposes to repeal 141-year-old Explosives Act, 1884 to bring new law

The government has proposed to repeal the 141-year-old Explosives Act of 1884 and introduce a new law stating that the existing legislation is based on the old British pattern and is not adequately meeting the country's growing requirements. The Department for Promotion of Industry and Internal Trade (DPIIT) has sought comments and suggestions from the general public, industry associations and other entities concerned on the proposal before July 17 this year. It said the Explosives Act, 1884 is a pre-constitutional act and it was comprehensively modified in 1978. Many large and small companies began to manufacture high explosives after independence. "It is observed that the Explosives Act, 1884, which is based on the old British pattern and is not adequately meeting the country's growing requirements and development in the explosive sector thereby resulted in difficulties for the industry," the DPIIT's note for public and stakeholder consultations said. To remove shortcomings in t

The downside of putdown: How Indian laws view disparagement in advertising

Comparative advertising is allowed within certain leg­al and ethical boundaries. However, when those comparisons become misleading, malicious, or defamatory, the law steps in