Commercial Law – Condonation of Delay in Filing Written Statement –adjudicated upon the condonation of delay in filing the written statement by the respondent in a commercial dispute under the provisions of the Commercial Courts Act, 2015. The primary contention revolved around whether the delay beyond the statutorily prescribed period could be condoned under Order VIII Rule 1 of the C...
Banking Law - Jurisdictional Conflict – Securitisation Act vs. Kerala State Fishermen Debt Relief Commission Act – The core issue is whether the KSFDRC can interdict actions taken under the Securitisation Act by a secured creditor – [Paras 1, 4].
Overriding Effect of Securitisation Act – Determination – The Court finds that Section 35 of the Securitisatio...
Adoption Law - Cross-Border Adoption and Legal Recognition in India – Petitioners, Indian citizens residing in Kenya, adopted a child in Uganda and sought legal recognition of adoption in India [Paras 2, 3, 9].
CARA’s Inaction on Legalization Request – Petitioners approached CARA for legal sanctity in India but received no definitive response, leading to this petitio...
Service Law – Disciplinary Proceedings – Compulsory Retirement – Court examined the petitioner's challenge against the Tribunal's dismissal of his appeal regarding disciplinary actions including compulsory retirement, and later modification to withholding promotion for five years. The disciplinary actions stemmed from false declarations made by the petitioner concer...
Right to Education – Eligibility for Admission under EWS Category – Involves petition for admission of a child, Jiya, under the Economically Weaker Section (EWS) category in a specific school for academic year 2023-24. High Court holds that right to education under Article 21A of the Constitution and Section 12 of the RTE Act entitles a child only to free and compulsory educa...
Appeal in Motor Accident Claim – Rejection by Tribunal based on procedural grounds of non-joinder of necessary parties (mother of deceased) – Fatal accident caused by negligent driving of respondent No. 1, Raj Kamal, leading to death of Angesh Kumar – Initial claim for compensation of Rs. 10 lakhs by widow and children [Paras 1, 2, 4].
Eyewitness Testimony and Police Investiga...
Trademark Rectification – Application for cancellation of respondent's mark ‘POMA-EX KIWKHEAL’ under Sections 47 and 57 of the Trade Marks Act, 1999 – Mark registered post injunction against respondent's earlier packaging – Consideration of distinctive aspects of petitioner's and respondent's packaging and trademarks – Application focused on new ...
Revision against Order Striking off Defence for Non-filing of Written Statement – Challenge against order dated 04.03.2024 striking off defendant-petitioners' defence in civil suit for failing to file written statement within prescribed time – Revision petition in High Court. [Para 2]
Contention and Counter-Contention – Petitioners seek opportunity to file writte...
Intellectual Property Law – Copyright Infringement – Dynamic Injunctions – The High Court deliberated on the application of dynamic injunctions against rogue websites engaged in unauthorized streaming of IPL Events. The Court examined the sufficiency of existing legal tools in addressing the challenges of digital piracy in rapidly evolving online environments. [Para 15-...
Transfer of Civil Suit – Jurisdiction – Court considered the appropriate jurisdiction for a civil suit involving specific performance of a Memorandum of Understanding related to immovable property. The suit was filed by respondent no.1 in Sehore, Madhya Pradesh, with a counter-suit by petitioner in Calcutta, West Bengal. The Court evaluated the principles under Sections 16 and 20...