Trademark Infringement – Interim Relief – Likelihood of Confusion – Modified Injunction – Appellant’s restaurant name "GULSHAN-E-KARIM" found to infringe respondent’s registered mark "KARIM" used since 1913 – Respondent held to have established prima facie case of infringement under Section 29(2)(b) of the Trade Marks Act – Use of...
Arbitration – Public Policy – Patent Illegality – Arbitral Award Set Aside – Arbitrator awarded reimbursement for second regular meals and welcome drinks to caterers despite express contract and circulars stating otherwise – Supreme Court held that this amounted to rewriting the contract – Held: Arbitrator failed to consider binding policy decisions of Railway B...
Housing Law – Cooperative Housing Fraud – Allotment Scam – Lease Cancellation – Judicial Directions for Revival – Petitioners, homebuyers in a cooperative housing project, challenged cancellation of lease by GNIDA and alleged fraud and mismanagement by the housing society and developers – Authorities failed to complete the project or recover misused funds &ndash...
Tender Law – Rejection of Highest Bid – Interpretation of “Previous Financial Year” – The appellant’s bid for a sand quarry lease was rejected for not submitting the Income Tax Return for FY 2021-2022 as mandated under Rule 27(4)(iv) of the Odisha Minor Mineral Concession Rules – Supreme Court held that at the time of bid submission (July 2022), the statut...
Railways – Freight Classification – Distance Based Charges (DBC) – Domestic vs. Export Tariff – Respondent (KIOCL Ltd.), a Government of India undertaking, booked a rake of iron ore fines from NMDC’s Kirandul Siding to Visakhapatnam Port in December 2012 for domestic pelletization. Railways levied DBC treating it as export movement under Rate Circular No.36/2009&mdash...
Service Law – NIT Recruitment – One-Time Relaxation – Appellants recommended for promotion under one-time relaxation granted via GoI letter dated 06.10.2017 – Relaxation initially held ultra vires by High Court for lacking statutory support – Later validated by incorporation into First Statutes via Statute 9 of 2023 Statutes approved by the President – Held: Sta...
Civil Procedure – Valuation of Suit – Court Fee – Petitioners sought framing of additional issue on under-valuation of suit and direction to plaintiffs to pay court fee on market value – Plaintiffs claimed agricultural land valued under Section 7(2)(b) of the Karnataka Court Fees Act – Trial Court held valuation proper and dismissed IAs 11 & 12 – Held: Posse...
Arbitration – MSME Registered Supplier – Jurisdiction – Petition under Section 11 of Arbitration Act dismissed – Respondent, a registered MSME under UDYAM registration, had invoked jurisdiction of the MSEFC, Jammu, on 01.02.2025 before invocation of arbitration clause by applicant – Held: MSMED Act is a special legislation with overriding effect via Section 24 –...
Contempt of Court – Interim Orders – Effect of “Release” of Reserved Matter – Termination of Service during Subistence of Interim Protection – Appellant’s services were terminated on 10-06-2020 while an interim order dated 20-12-2018 restraining final orders in disciplinary proceedings was in operation and being extended – Mere “release” ...
Motor Accident Claim - Motor Vehicles Act, 1988 – Section 166 – Compensation – Split Multiplier – Applicability – High Court reduced compensation by applying split multiplier on assumption of post-retirement income reduction – Held: There exists divergence among High Courts on applying split multiplier – Following Sarla Verma v. DTC (2009) 6 SCC 121 and Pr...