Trademark Law – Interim Injunction - Infringement – Deceptive Similarity – Bata’s registered trademark ‘POWER’ found to be distinctive and associated with its footwear – Leayan’s mark ‘POWER FLEX’ held deceptively similar due to complete subsumption of Bata’s mark – Similarity of goods (both being footwear) supports likelihood...
Execution of Decree – Confirmation of Possession – Recovery of Possession Permissible – Decree holder obtained decree for declaration of title, confirmation of possession and permanent injunction – After finality of decree, judgment debtor forcibly entered into possession – Held: Such conduct amounts to obstruction – Executing Court rightly directed eviction to ...
Railway Accident Claim – Compensation – Untoward Incident – Circumstantial Evidence – Deceased, a 17-year-old boy, died after falling from a local train due to crowd rush while on his way to visit Lalbaugcha Raja – Incident not reported to railway officials but immediate statements given to police at hospital and documented in inquest panchnama and postmortem report &...
Income Tax – Section 14A Disallowance – Mandatory Recording of Satisfaction – Disallowance Deleted – The Assessing Officer disallowed ₹5,07,04,000 under Section 14A read with Rule 8D – Held: AO failed to record any dissatisfaction with assessee’s claim of no expenditure incurred in earning exempt income – In absence of proper satisfaction as mandated und...
Service Law – Conveyance Allowance – Orthopaedically Disabled Government Employee – Discriminatory Threshold – Petitioner challenged Clause (iii) of Rule 22(1) of the 2016 Rules prescribing 50% disability for orthopaedically handicapped persons with both upper and lower limb impairment to claim conveyance allowance – Court held that the classification lacked intelligi...
Election Law – Interlocutory Application – Dismissal of Election Petition – Non-filing of Form-25 Affidavit – Section 83(1)(c) Proviso – Section 86(1), Representation of the People Act, 1951 – Res Judicata and Constructive Res Judicata – Respondent sought dismissal of election petition on ground that allegations of corrupt practice were not supported by af...
Tender Law – Disqualification of Lowest Bidder – Abnormally Low Bid – Petitioner submitted financial bid quoting ₹1.92 for Packet-1 and ₹4.55 for Packet-2 in UIDAI tender for Aadhaar document verification services – Petitioner declared L-1 based on highest technical score and lowest combined commercial bid – Financial Evaluation Committee (FEC) disqualified bid ci...
Education Law – Admission to Professional Courses – B.Sc. Nursing – SEBC/OBC Category – Eligibility Relaxation – Cut-Off Date – Petitioners sought benefit of reduced qualifying marks (40th percentile) in view of Indian Nursing Council guidelines – Court held that the benefit was rightly granted to those who applied within the extended admission deadline (3...
Succession – Validity of Will – Suspicious Circumstances – Will executed by Satya Narayan Joshi (father) in favour of one son and his family excluding other legal heirs was challenged in a partition suit – Will was executed during pendency of suit but no pleading or statement filed by testator in court supporting it – Execution witnesses gave contradictory evidence re...
Motor Accident Claim – Delay in FIR – Explanation Accepted – Accident on 11.08.2010, FIR registered on 18.08.2010 – Delay explained as due to communication lapse between hospital and police – Supported by Medico Legal memo – Held: Explanation plausible – FIR and medical records sufficiently establish accident and manner of occurrence [Paras 15–17].
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