Factual Aspects: Appellant, an entity selling country liquor under the label "Tango Punch," filed a suit claiming copyright infringement and passing-off against the respondent, who sold country liquor under the label "Two Punch Premium." The appellant alleged that the artistic label on their liquor bottles was copyrighted, and they sought a permanent injunction against the resp...
Civil Appeal – Income Tax – Deduction under Section 80P of the Income Tax Act, 1961 – Appellant, a co-operative society, claims deduction of profits and gains attributable to banking and credit facilities provided to its member co-operative societies – Interpretation of Section 80P – Dispute regarding the appellant's classification as a co-operative bank – D...
Civil Appeal – Substitution application allowed after condoning delay – Delinquent employee accused of unauthorized bus operation and subsequently dismissed – Application under Section 33(2)(b) of the Industrial Disputes Act, 1947 for approval of dismissal – Labour Court granted approval – Writ Petition filed and dismissed, pursued by deceased employee’s wife &n...
Civil Appeal – Termination from service of probationary Judicial Officer – Lack of confirmation in service – Initiation of departmental inquiries – High Court’s decision not to proceed with inquiries and discharge the appellant – No provision for deemed confirmation – Dismissal of Writ Petition under Article 226 of the Constitution upheld. [Para 1-4]
&n...
Employee Benefits - Grant of UGC Pay Scale - Discrepancy in granting UGC pay scale benefits to retired employees - Benefit granted to similarly placed retired employee previously - Inconsistent application of government orders - Writ petition filed challenging denial of UGC pay scale benefits - High Court judgment relied on Government Order dated 4th July 2008 - In another case, a similar benefit ...
Societies Registration Act – Power of Registrar to cancel registration – Conflict over control of a school between Chinese tannery owners in Kolkata – Registrar's authority to cancel registration questioned – Appellant claims no connection between Chinese Tannery Owners’ Association and Pei May Chinese High School – Allegations of forgery and fabrication &nd...
Civil Appeal – Restoration of Miscellaneous Civil Applications – Appellants challenge the High Court's decision allowing the restoration of a dismissed MCA – History of repeated dismissals for non-prosecution in the High Court – Appellants argue against the casual approach of the High Court in allowing the restoration. [Para 1, 6-8]
Employment and Property ...
Writ Petition – Recovery of Sales Tax – Petitioner impugns Ext.P1 and Ext.P4 notices related to recovery of Sales Tax dues along with interest and collection charges – Petitioner challenges the authority of the District Collector to grant installments under Kerala General Sales Tax Act and Rules. [Para 2-3]
Statutory Provisions – Kerala General Sales Tax Rules, 1963, and...
Rent Control – Eviction under Section 12(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 – Tenant's failure to pay admitted arrears of rent within specified timeframes – Challenge to the order of eviction – Opportunity to show sufficient cause before passing an order under Section 12(3) – Principles of natural justice emphasized. [Para 9]
Eviction...
Denial of Maintenance – Family Court’s Order Upheld - Appellant/Wife appeals against the Family Court’s order denying her maintenance under Section 24 of Hindu Marriage Act, 1955. The High Court concurs with the lower court’s findings regarding her educational qualifications and undisclosed employment. [Para 1, 4, 9-10]
Qualification and Earning Capacity ...