Showing 1939 articles
No Fundamental Right To Protest Anywhere The Agitator Pleases: Kerala High Court
The Kerala High Court has set a new precedent to balance the right to protest with the right to conduct business without disruption. In the case of Aluva Private Bank vs. Aluva People's Association (OP(C) No.2332/2023), the court ruled that protestors must maintain a minimum distance of 50 meters from bank premises.…
Delinquent Public Servant Has Right To Be Tried Within Reasonable Time, State Can't Initiate Disciplinary Action After Unexplained Delay: Kerala High Court
The Kerala Administrative Tribunal (KAT) recently issued a crucial order in response to a disciplinary action case filed by Kishore Kumar. The case, under OP(KAT)Nos.135 & 156 of 2024, centered around allegations of misconduct against Kumar, a public servant. Background of the Case The allegations against Kumar…
Section 11 Petition Requires Only Existence of Arbitration Clause, 'No More, No Less': Jharkhand High Court
Ranchi, 17th May 2024: In a significant decision, the High Court of Jharkhand at Ranchi has appointed a sole arbitrator to resolve the dispute between M/s Smart Chip Private Limited and Jharkhand State Cooperative Bank Limited under Section 11(6) of the Arbitration and Conciliation Act, 1996. Case Background M/s Smart…
Arbitration Agreement Not Established, Court Under Section 11(6) Must Determine Existence And Validity Of Arbitration Agreement: Telangana High Court
The High Court of Andhra Pradesh has dismissed applications filed by D. Neeharika Reddy, representing a construction firm, seeking the appointment of an arbitrator in a dispute with a private limited company. The judgment highlights the importance of establishing a valid arbitration agreement under the Arbitration and…
Arbitral Tribunal With Serving/Retired Railway Officers Violates Section 12(5) Of Arbitration Act: Gauhati High Court
In a recent landmark decision, the Gauhati High Court has addressed a crucial aspect of arbitration concerning contracts related to railway projects. The case, Arb. P. 35/2023, involved PCM Cement Concrete Pvt. Ltd. (the petitioner) and the Union of India and Anr. (respondents), represented by the General Manager of…
Court Quashes Corruption Allegations Against IAS Officer under Prevention of Corruption Act: Kerala High Court
In a significant ruling, the High Court of Kerala at Ernakulam, presided by The Honourable Mr. Justice K. Babu, quashed the order of the Enquiry Commissioner and Special Judge, Thrissur, which directed a quick verification against several government officials under the Prevention of Corruption Act, 1988. The case,…
Biological Siblings Can't Claim Heirship Of Adopted Child; Adoption Severs Ties With Biological Family: Madras High Court
The Madras High Court has quashed an order denying a legal heir certificate to the family of an adopted son, upholding the severance of ties with the biological family upon adoption. The Case Sakthivel, the son of Varanavasi Gounder, filed a writ petition challenging an order passed by the Revenue Divisional Officer…
Court Recognizes "Infosys" as a Distinctive Trademark: Delhi High Court
A Delhi court has ruled in favor of Infosys Limited in a trademark infringement case against Southern Infosys Limited. The case, CS(COMM) 257/2024, centered around the use of the term "Infosys" in the defendant's corporate name. Infosys' Trademark Rights Upheld Infosys Limited, a well-known information technology…
Similar Trademark For Drug Treating The Same Ailment But Having Different Composition From Already Registered Trademark Is Deceptive: Bombay High Court
In a recent judgment, Justice Firdosh P. Pooniwala granted ad-interim relief in a trademark dispute between Zita Pharmaceuticals Pvt. Ltd. (the Plaintiff) and Xigma Pharmaceuticals Pvt. Ltd. (the Defendant). The case falls under the purview of the Trade Marks Act, 1999. Case Background: The Plaintiff, Zita…
Proposal To Furnish Bank Guarantee, Not Enough For Stay Of Award, Should Establish Prima Facie Merits: Gujarat High Court
In a recent decision, the Gujarat High Court dismissed a petition by Mother Dairy Fruit and Vegetable Pvt. Ltd. seeking a stay on the enforcement of an arbitral award granted to Keventer Agro Limited. The judgment underscores the court's stance on the enforcement of arbitral awards under the Arbitration and…
