Showing 8296 articles
John Doe Order Restricting Domain Names From Infringing Burger King's Trademarks & Running Fake Franchise Passed: Delhi High Court
In a significant ruling, the Delhi High Court addressed the issue of fraudulent franchise schemes being run under the "BURGER KING" trademark. The case involves the Burger King Corporation (the plaintiff), who sought an injunction against the misuse of its trademark by several unknown defendants, operating fake…
Order Restricting Children's Late-Night Entry Into Movie Theatres Rescinded; Consultation with Stakeholders Needed: Telangana High Court
In a significant development, the Telangana High Court has rescinded its earlier order, which restricted children below the age of 16 years from entering movie theatres after 11 PM. The decision comes after the Court observed that the multiplex operators should have been given an opportunity for a hearing before…
Legal Duty Of Representing Counsel To Inform Court About Litigant's Death During Ongoing Case: Jammu & Kashmir High Court
In a notable judgment, the High Court of Jammu & Kashmir at Srinagar emphasized the need for expeditious adjudication in long-pending civil cases, particularly in partition suits. The court also shed light on the importance of bringing legal representatives on record promptly following the death of a defendant. Case…
ITAT Cannot Sustain Ex-Parte Order, Tribunal Must Provide Assessee Opportunity For Hearing Before Deciding Merits: Bombay High Court
Mumbai, 4th February 2025: In a landmark decision, the Bombay High Court has remanded a case concerning a Tax Assessment under the Income Tax Act, 1961 for a fresh hearing, emphasizing the importance of following the principles of natural justice and providing the affected party an opportunity to be heard. The case…
Bank Freezing Real Estate Company's Account Over Matrimonial Dispute Unjustified; Relief Granted: Allahabad High Court
In a significant judgment delivered on 13th February 2025, the Hon'ble High Court of India in the case of Proview Constructions Limited VERSUS Union of India & 3 Others examined a vital issue regarding the writ jurisdiction under Article 226 of the Constitution of India. The case revolved around the withdrawal of…
Difference Between 'Non-Service Of Notice' & 'Lack Of Knowledge Of Service Of Notice' Explained: Kerala High Court
In a recent decision, the Kerala High Court ruled in favor of M/s. Ramanattu Motor Corp. in a case concerning the improper service of notices under Section 73 of the Central Goods and Services Tax Act, 2017 (GST Act). The petitioner's challenge was based on the argument that the show-cause notice and order of…
Marriage Under Special Marriage Act Not Invalid Solely Due to Either Spouse’s Non-Residence in Registration District for 30 Days: Bombay High Court
The Bombay High Court, in a significant judgment delivered on February 28, 2025, clarified an important issue related to the Special Marriage Act, 1954, ruling that a marriage duly registered under the Act cannot be considered void or illegal merely because one of the spouses failed to comply with the 30-day residency…
Court’s Prima Facie Opinion During Bail Hearing Not Binding On Investigation Or Trial: Kerala High Court
In a crucial judgment, the Kerala High Court emphasized that a prima facie opinion formed during a bail application cannot influence the trial court’s decision or impede the investigating agency's investigation. Justice P.V. Kunhikrishnan clarified that the bail court's findings are not binding on the trial court or…
Woman's Right To Shared Household Maintainable Even Without Allegation Of Domestic Violence: Delhi High Court
In a significant ruling, the Delhi High Court has upheld the right of a woman to seek a shared household under Section 17 of the Protection of Women from Domestic Violence Act, 2005, even in the absence of domestic violence. Justice Neena Bansal Krishna observed that an application or complaint under Section 12 of the…
Communal Harmony Cannot Be Disturbed, court Quashes Notification Creating Village in Violation of Guidelines Barring Caste, Religion-Based Names: Rajasthan High Court
In a significant judgment, the Jodhpur Bench of the Rajasthan High Court has quashed a state notification that created a new revenue village called "Gogaji ki Jaal" in Barmer District. The notification was challenged for violating Clause 4 of the guidelines issued by the state government in 2009. These guidelines…