Showing 10487 articles
'Priority of Use' No Defence Against Trademark Infringement Unless It Predates Both Use and Registration by Plaintiff: Delhi High Court
The Delhi High Court, in a significant ruling on trademark law, has held that a defendant cannot rely on priority of user as a defence to trademark infringement unless their use of the infringing mark predates both the use and registration of the plaintiff’s trademark. The decision came from a Division Bench…
Statements in FIR Furnished by One Accused Cannot Be Used Against Another Accused: Supreme Court
In a crucial ruling concerning criminal trials and evidentiary standards, the Supreme Court of India has held that statements made by one accused in a First Information Report (FIR) cannot be used as evidence against a co-accused. The Court emphasized that such statements, especially if confessional in nature, are…
Motor Accidents | Insurer of Registered Owner Liable If Vehicle Registration Not Changed After Transfer: Supreme Court
In a recent and significant judgment, the Supreme Court of India interpreted the responsibility of an insurance company under the Motor Vehicles Act, 1988, especially focusing on the liability for third-party compensation in cases where the registered ownership of a vehicle is not formally transferred, despite an…
Lawyer Not Allowed to Withdraw Plea Allegedly Aimed at ‘Browbeating’ Charity Commissioner: Gujarat High Court
The Gujarat High Court has refused to allow the withdrawal of a petition filed by Advocate Ashok Bhanushankar Trivedi, a trust, and its trustee, after the State government alleged that the plea was a deliberate attempt to browbeat and blackmail judicial officers, particularly those appointed as Charity Commissioners.…
Bail Granted to Man Accused of Fraudulently Availing Input Tax Credit Benefit of Over ₹10 Crores: Gujarat High Court
The Gujarat High Court has granted bail to Sunil Hiralal Mandowara, accused of fraudulently availing Input Tax Credit (ITC) worth over ₹10 crores by allegedly fabricating transactions with non-existent or deregistered firms. The case revolves around misuse of GST registrations and forged documentation to claim fake…
Bail Denied to Accused in Serious POCSO and Rape Case Involving Minor Girl in Gorakhpur: Allahabad High Court
The Allahabad High Court recently dismissed the fourth bail application filed by Tasleem Shah, accused under Section 376(2)(n) of the Indian Penal Code and Sections 5 and 6 of the Protection of Children from Sexual Offences (POCSO) Act. The case relates to allegations of rape involving a minor girl. The crime was…
Online Bail Order Sufficient for Immediate Release of Accused, No Need to Wait for Certified Copy: Punjab & Haryana High Court
The Punjab and Haryana High Court has clarified that a downloaded copy of a bail or suspension of sentence order from the court’s official website is sufficient to secure the release of an accused. The Court emphasized that the absence of a certified copy should not delay a person’s liberty once bail or suspension of…
Pulling Woman's Hands Shocks Decency but Doesn’t Outrage Modesty Unless Accompan with ‘Criminal Intent’: Madras High Court
The Madras High Court recently delivered a significant judgment clarifying the legal interpretation of Section 354, Indian Penal Code, which deals with the offence of assault or criminal force to a woman with intent to outrage her modesty. The court emphasized that mere physical contact or pulling a woman’s hand,…
District Judges Told to Be Vigilant Against Duplicate Appeals Leading to Conflicting Judgments: Kerala High Court
The Kerala High Court recently took a firm stand against the filing of duplicate appeals and revision petitions in criminal cases, emphasizing the need to protect the integrity of the criminal justice system. This directive came after the Court discovered a case where a man, accused of robbery, secured an acquittal by…
Medical Termination of Pregnancy for Minor Rape Victim Allowed Under MTP Act, 1971 – Important Ruling on Section 3 and MTP Rules 2021: Gujarat High Court
Case Background The mother of a 14-year-old minor girl, victim of sexual assault, approached the High Court of Gujarat seeking permission for termination of her daughter’s pregnancy. The girl became pregnant following rape by an unknown person about three months before the FIR was lodged at Makarpura Police Station,…
