Civil Law – Temporary Injunction – Suit for Permanent Injunction – The Karnataka High Court considered an appeal challenging the grant of a temporary injunction to restrain the Bengaluru Development Authority (BDA) from demolishing structures on a property claimed by the respondent. The primary issue was the maintainability of a civil suit for injunction concerning property acqui...
Trademark Infringement and Passing Off - Dispute over use of the mark 'JINDAL' by the defendants. The plaintiff, Jindal Industries Pvt. Ltd., holds registered trademarks for the word 'JINDAL' and contends that the defendants' use of similar marks infringes on their registered trademarks and amounts to passing off [Paras 2, 5, 42, 43, 45].
Analysis of Section 35, Trade Marks ...
Divorce Petition Dismissal – Mental Cruelty and Mental Disorder Unproved – Appellant (husband) appealed against Family Court’s judgment dismissing his divorce petition under Sections 13(1)(ia) and 1(iii) of the Hindu Marriage Act, 1955, on grounds of alleged cruelty and mental disorder by respondent (wife) – Family Court found no substantial proof of cruelty or mental disor...
Urban Development and Slum Rehabilitation – Rights of Slum Dwellers vs. Right to Clean Drinking Water – The High Court addressed the conflict between the fundamental rights of slum dwellers to adequate housing and the right of citizens to clean drinking water. The slum dwellers of Akbar Nagar, residing on the banks of Kukrail water channel, challenged demolition orders by the Lucknow D...
Defamation and Damages Claim – Social Media Allegations – Suit filed by the plaintiff, a charitable trust, against defamatory statements made by the defendant on YouTube regarding alleged involvement in a murder – Plaintiff claims reputational harm and seeks monetary compensation. [Paras 1-2, 5-6]
Evidence and Testimonies – Plaintiff's evidence substantiate...
Civil Law – Arbitration – Interim Measures – In the case of Shanghai Electric Group Co. Ltd. Versus Reliance Infrastructure Ltd., the Delhi High Court examined the issue of granting interim measures under Section 9 of the Arbitration and Conciliation Act, 1996, in the context of an international commercial arbitration. The Court considered the enforceability of a foreign arbitral...
Civil Appeal – Tender Process and Public Interest Litigation – Evaluation of the tender process undertaken by the Travancore Devaswom Board for procurement of cardamom for Aravana Prasadam at Sabarimala Temple. Examination of the maintainability of a public interest litigation challenging the tender process. [Para 18-23, 25]
Maintainability of Public Interest Litigation &n...
Writ - Constitutionality of Minimum Qualifying Marks in Viva Voce – Judicial Recruitment – Writ Petition challenging Bihar and Gujarat Rules prescribing minimum marks in viva voce for judicial posts – Held, prescribing minimum marks is permissible and does not violate fundamental rights or judicial precedents – Prescriptions aligned with ensuring meritocracy and efficiency ...
Family Law - Divorce on grounds of irretrievable breakdown - Supreme Court exercises discretion under Article 142(1) to dissolve the marriage of Jatinder Kumar Sapra and Anupama Sapra - The marriage, solemnized on 14.10.1991, has deteriorated over 22 years of separation - Findings based on non-cohabitation since January 2002, allegations of mutual cruelty, and no possibility of reconciliation - Pr...
Civil Law – Property Dispute and Contempt of Court –– legitimacy of a contempt application in a longstanding property dispute involving ancestral lands. The appellant, Shah Enterprises, challenged the dismissal of a contempt petition filed against the respondents for allegedly breaching a consent decree related to the property. [Para 1, 2, 3-10]
Contempt of Court &nd...