Intellectual Property – Copyright vs Design – Overlap – Appeal against High Court judgment restoring Inox’s copyright infringement suit dismissed by Commercial Court under Order VII Rule 11 CPC – Appellants (Cryogas and LNG Express) contended drawings used to manufacture Semi-trailers qualified as ‘designs’ under Section 2(d) of the Designs Act, 2000 and e...
Civil Law - Municipal Council Resolution – Use of Urdu on Signboard – Powers under Section 308 of the 1965 Act – Collector’s Jurisdiction – Application Invalid – Under the amended Section 308, only the Chief Officer of the Municipal Council can approach the Collector to suspend a resolution – Petition filed by an individual was not maintainable under the a...
Civil Law - Limitation – Article 58 of Limitation Act – Order VII Rule 11(d) CPC - Cause of Action – Suit Barred – Suit Filed Beyond Prescribed Period – The plaintiff filed suit in 2017 seeking declaration that a Will (2014) and Codicil (2014) were null and void – The plaint itself admitted that the plaintiff acquired knowledge of the Will and Codicil in the fir...
Writ Jurisdiction – Possession without Requisition – Flats Occupied by Police Since 1940 – Writ Allowed – The appellants sought possession of two flats in South Mumbai given to the police for temporary use in 1940 without any written lease or requisition order – The High Court declined to exercise writ jurisdiction and relegated the petitioners to alternative remedy &...
Temple Management – Hereditary Archakship – Civil Court Decrees Binding – Petitioners Entitled to Perform Karaga – Petitioner established his hereditary rights through R.A. No.46/1983 and R.S.A. No.412/1984 – Held: Tahsildar’s repeated orders permitting rival claimant to perform Karaga on rotation basis are contrary to binding court decrees – Petitioners&r...
Eviction Petition – Bona Fide Requirement – Additional Evidence – One-Time Opportunity Granted - Tenant sought to lead further evidence by examining neighbors and MCD officials in eviction case filed on ground of bona fide requirement – Respondent landlord agreed to allow one opportunity to avoid further delay – Court permitted tenant to produce witnesses next day, in...
Protected Tenancy – Alienation without Prior Sanction – Transfer Invalid – The petitioners, being legal heirs of a protected tenant, challenged the sale of land executed without prior permission of the Collector as mandated under Section 50-B of the Hyderabad Tenancy and Agricultural Lands Act, 1950 – The Sub-Divisional Officer cancelled the mutation entry of the sale &ndas...
Motor Accident Claim– Negligence – Police Charge Sheet and Eyewitness Testimony – Finding Upheld – The Tribunal rightly relied on Exhibit A5 (charge sheet) and eyewitnesses (PWs 4 & 5) to conclude negligence on part of the lorry driver – High Court upheld the finding and dismissed insurer’s challenge – Evidence in support of a subsequent inve...
Consumer Protection – Definition of Consumer – Commercial Purpose vs. Self-Employment – Complaint Dismissed - Petitioner purchased a laser cutting and bending machine for his business alleging manufacturing defects – State and National Commissions held that purchase was for commercial expansion and not self-employment – Supreme Court affirmed findings holding that pet...
Departmental Enquiry – Alleged Procedural Lapses under Regulation 6(13) & 6(17) – Compliance Found – Enquiry Upheld – The petitioner contended that the enquiry proceedings were vitiated due to non-compliance of procedural safeguards under Regulation 6(13) and 6(17) of the 1976 Regulations – The Court held that the Enquiry Officer provided ample opportunity to the ...