Trademark Law – Interim Injunction – 'TESLA' Mark – Plaintiff (Tesla Inc.) sought injunction against Defendants (Tesla Power India Private Limited & Ors.) for using 'TESLA POWER' / 'TESLA POWER USA' marks for batteries and EVs – Held: Plaintiff established prior user, overwhelming goodwill, trans-border reputation, and likelihood of confusion; De...
Industrial Disputes – Reinstatement – Back Wages – Absence Without Leave – Reinstatement Without Back Wages Upheld – Petitioner, a temporary Chawkidar whose services were regularised, absented without sanctioned leave from 02.11.1993 to 27.01.1994 – Tribunal found non-acceptance of joining illegal and ordered reinstatement but denied back wages – Held: Abs...
Medical Termination of Pregnancy Act, 1971 – Section 3 – Reproductive Autonomy and Consent – Held: The right to make reproductive choices is a facet of Article 21 of the Constitution. The consent of the pregnant person is paramount in decisions regarding termination of pregnancy. Under Section 3(4)(b), no pregnancy shall be terminated except with the consent of the pregnant woman...
Civil Procedure – Appointment of Local Commissioner – Order XXVI Rule 9 CPC – Discretion Misapplied – Petitioner filed suit seeking permanent injunction against obstruction of passage and requested appointment of Local Commissioner to inspect and report factual position – Trial Court rejected request stating it was an attempt to collect evidence – Held: Commissi...
Tenancy Law – Period of Tenancy – Dispute over duration – Plaintiff claimed tenancy continued beyond 31.03.2017 – Defendants asserted surrender on that date – Court held that implied surrender was established under Section 111(f) of Transfer of Property Act – Finding based on tender of surrender letter, affixation of notice, and shifting of office to new premise...
Tenancy Law - Landlord-Tenant Relationship – Succession of Tenancy – H.P. Urban Rent Control Act – Devolution limited to spouse – Original tenant’s widow, Jawala Devi, alone entitled to tenancy under Explanation-I to Section 2(j) – After her death, tenancy did not devolve further under Explanation-II – Other defendants held to be unauthorized occupants [Pa...
Wildlife Law – Translocation of Captive Deer – Ecological and Welfare Standards – DDA’s decision to translocate approximately 600 spotted deer from A.N. Jha Deer Park, New Delhi, to Rajasthan and Asola Bhatti Wildlife Sanctuary upheld by the High Court – Petitioner (NGO) alleged violations of the Wild Life (Protection) Act, 1972 and IUCN guidelines – Supreme Cou...
Income Tax – Assessment under Section 153D – Mechanical Approval – Validity – Revenue challenged ITAT order which quashed assessments for AY 2007–08 on ground that approval under Section 153D was granted mechanically by Additional CIT through a single omnibus letter covering 246 assessments – Tribunal held approval lacked application of mind and violated legisla...
Ceiling Law – Title over plot in ceiling proceedings – Earlier order rejecting objection stood set aside in appeal – Res judicata inapplicable – Appellate authority rightly considered Will Deeds, revenue entries and mutation orders to hold the land belonged to Pradeep Singh, not Bhagwan Singh – No perversity or statutory violation – Delay of three years in filin...
Taxation Law - Customs – Refund of Duty – Short Landing or Pilferage – Goods not received by importer – Bill of Entry filed but no Out of Charge order issued – Authorities in dispute over whether goods were short-landed or pilfered – Held: Importer entitled to refund of duty under Section 23 of Customs Act as goods were lost before clearance for home consumption...