Use of Modified Trademark 'MAHINDRA ZEO' Does Not Infringe Plaintiff’s 'EZIO': Delhi High Court High Court Quashes Proceedings for Two Accused in Unauthorized Construction Case, Criticizes Arbitrary Implication Commissioner Duty Bound to Decide Appeal on Merits: High Court Clarifies Application of Kar Vivad Samadhan Scheme Dismissal of Petitions Seeking Quashing of Proceedings in Fraudulent Land Transactions Involving Government-Vested Land: Calcutta High Court Quashing FIR in Dowry Harassment Case Not Justified Without Thorough Investigation," Rules Kerala High Court Deletion of Name from Revenue Records Without Notice Violates Principles of Natural Justice: Andhra Pradesh High Court Delay in Seeking Compassionate Appointment Defeats Purpose of Scheme: Orissa High Court Overturns Single Judge Order Karnataka High Court Sets Aside Temporary Injunction in LLP Fraud Case: No Prima Facie Evidence of Fraud Established Kerala High Court Upholds Departmental Proceedings Against Police Officer on Deputation for Immigration Duty Judicial Review Under Article 226 Is Not an Appeal Over Disciplinary Findings: Punjab and Haryana High Court Lack of Medical and Scientific Evidence Prevents Conviction in Sodomy Case: Himachal Pradesh High Court Acquits Accused Under POCSO Act Overwriting and Minor Discrepancies Do Not Vitiate Valid Execution of Will: Calcutta High Court Full Back Wages Awarded to Dismissed Co-operative Bank Employee for Suspension Period: Kerala High Court Character Assassination by Husband Justifies Wife's Refusal to Co-Habit: Orissa High Court Upholds Maintenance Award to Wife Defendants Forfeited Tenancy by Denouncing Plaintiffs' Title: Punjab and Haryana High Court Rules in Land Dispute Procedural Rules Must Facilitate Justice, Not Obstruct It, Says Court While Allowing Applications for Additional Documents in a Commercial Suit: Andhra Pradesh High Court Punjab and Haryana High Court Dismisses Appeals Over Disputed Sale Deeds, Affirms Need for Concrete Evidence of Minor Status

"CIVIL" Digest

Interim Relief – Appellate Tribunal's Powers – The Appellate Tribunal, Prevention of Money Laundering Act, granted interim relief by temporarily de-sealing and handing over possession of a residential property for marriage functions – Held, the Tribunal has discretionary power to grant interim relief as long as the trial has not commenced before the Special Court – The ...

Seniority List – Merit-Based Determination – Unjust and Arbitrary Actions – Petitioners contested the seniority list finalized on 05.07.2016, which ranked them junior to private respondents solely due to delayed appointment letters, despite higher merit positions – Held, as per Division Bench judgment in Prem Singh's case, petitioners could not be treated as junior due ...

Service Law - Regularization of Employment - Notification Applicability - Appeal challenging regularization of a part-time employee dismissed - Suit filed for regularization of services as Sweeper-cum-Chowkidar based on Haryana Government Notification dated 01.10.2003 - Both lower courts found the plaintiff eligible under the notification as he was appointed against a sanctioned post and served du...

Land Law - Writ Petition - Ejectment Proceedings - Civil Writ Petition challenging order dismissing revision and notice for possession - Petitioners claimed possession of land leased since June 1991 - Evidence insufficient to establish possession before 1950 - Land categorized as Shamlat Deh vested in Gram Panchayat - Petitioners unable to establish prima facie title - Held, writ petition dismisse...

Industrial Law - Challenge to Award - Certiorari Jurisdiction - Industrial Dispute - Proof of 240 Days Work - Writ Jurisdiction of High Court – Petition filed under Articles 226/227 challenging the award of Industrial Tribunal rejecting the petitioner’s claim for reinstatement and benefits. Petitioner failed to provide sufficient evidence of having worked 240 days in the year preceding...

Constitutional Law – Right to Travel Abroad – Impounding of Passport – Violation of Natural Justice – Article 226 of the Constitution of India – Writ petition seeking mandamus for the return of passport impounded by the authorities – Petitioner convicted in a criminal case and serving a sentence of three years – Appeal against conviction pending – Pa...

Civil Law - Presumption of Truthfulness in Revenue Records – Appeal against the First Appellate Court's judgment – Plaintiff-respondent's suit for permanent injunction was initially dismissed by the Trial Court, but decreed by the First Appellate Court on the basis of presumption attached to jamabandi entries – High Court found that presumption of correctness attached to ...

Constitutional Law - Writ Petition - Regularization of Services - Mandamus - Petitioner engaged on daily wages as Pump Attendant sought regularization from 01.02.1996 instead of 01.10.2003, despite claiming fulfillment of eligibility criteria as per the instructions and circulars of 1996. The petitioner's claim was challenged by the State citing previous litigations and misrepresentation. Held...

Examination – Re-evaluation of Answer Sheets – Absence of Provision – Petitioner requested re-evaluation of answer sheets for English language and Criminal Law papers in PCS (JB) 2019 – Court held that re-evaluation is not permitted in absence of relevant rules/instructions – Clause 11 of the advertisement explicitly disallowed re-evaluation – Petition dismissed...

Industrial Disputes Act – Contractual Employees – Retrenchment – Alternative Remedy – Appellants working as Data Entry Operators under Haryana Shehari Vikas Pradhiaran (HSVP) – HSVP is a statutory authority, not a housing apartment – Appellants prima facie covered under definition of "workmen" – Single Judge’s decision to relegate appellant...