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 education till the age of fourteen, not to admission in a particular school of choice. For entitlement to admission in a specific school, a child must apply to the Directorate of Education (DoE), be shortlisted in a computerized draw, and allocated to that school for a specific academic year. [Paras 22-26]

Direction to Admit in Specific School – Legality – DoE's directive to admit Jiya in a specific school is deemed unenforceable, as it was based on an application and shortlisting for a previous academic year. Each academic year is treated as a separate entity; rights for admission do not carry forward automatically to subsequent years. Thus, the child's right to admission in the specific school ceased at the end of the academic year for which she was initially shortlisted. [Paras 30-32]

DoE’s Role in Admission Process – High Court notes the detailed process followed by DoE for EWS admissions and underscores the need for an application specific to class, school, and academic year. Directives issued by DoE are subject to these specific conditions and do not grant perpetual rights to admission in any subsequent academic year. [Paras 23-29]

Decision – Admission to Class II in Sought School – Jiya's petition for admission to Class II in the specific school is rejected based on absence of application for that academic year. However, the DoE is directed to make efforts to secure Jiya’s admission in another school as an EWS student for Class II, reflecting the commitment to uphold her right to education as guaranteed under the RTE Act and the Constitution. [Paras 36-38]

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 device mark of respondent granted on 16th December, 2014 [Paras 1, 3, 20-22, 29-30].

Petitioner's Trademark History and Claim – Petitioner PIDILITE INDUSTRIES LTD., renowned in adhesives, sealants, etc. – Claim of ownership over 'FEVIKWIK' since 1987 with distinctive packaging – New packaging adopted in November 2007 – Claimed infringement by respondent's use of ‘KWIKHEAL’ [Paras 6-11, 13, 24-25].

Bombay High Court Injunction – Injunction granted against respondent for earlier packaging deemed infringing – Bombay High Court's prima facie findings considered, but not conclusive for rectification application – Differences in new packaging of respondent post injunction [Paras 13-14, 19-20].

Respondent's Trademark 'KWIKHEAL' – Argument of commonality in the word 'KWIK' – 'KWIKHEAL' registered without objection and not exclusive to petitioner – Comparative analysis showing dissimilarities between petitioner’s and respondent’s trademarks and packaging [Paras 18.4, 22-23, 25-26, 28-29].

Decision and Analysis – Rectification petition dismissed due to dissimilarities between the marks and lack of exclusive right of petitioner over part of the mark 'KWIK' – Distinctive dissimilarities in respondent’s new device mark post the earlier injunction – No monopoly for petitioner over 'KWIK' and its variations – Respondent’s registration post Bombay High Court injunction not opposed by petitioner [Paras 29-30].

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 15-20]

Dynamic Injunctions and Digital Piracy – Held – Recognized the need for dynamic injunctions to combat the persistent issue of digital piracy, especially in the case of live sporting events like the IPL. The Court affirmed the necessity of evolving legal responses to effectively counter the unauthorized dissemination of copyrighted content on digital platforms. [Para 17-18, 20]

Broadcasting Rights – Analysis – Examined the Plaintiff's exclusive broadcasting rights for IPL Events, emphasizing the significance of these rights in the context of digital and television media. The Court assessed the implications of unauthorized streaming on the Plaintiff's investment and the overall value of broadcasting rights. [Para 15.3, 16]

Decision – Granting of Interim Dynamic Injunction – The Court granted an interim dynamic injunction against Defendants No. 2 to 7 and additional unidentified rogue websites. This injunction was extended to include immediate blocking measures by ISPs, DoT, and MeitY, and emphasized real-time responsiveness to emerging pirated content. [Para 20]

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 written statement, willing to compensate with costs – Respondent contends sufficient opportunities already provided, defence rightly struck off for delay. [Para 3-4]

Relevant Legal Principles and Precedents – Referencing Desh Raj vs. Balkishan (D) through proposed LR Ms. Rohini [(2020) RCR (Civil) 807], distinguishing between timelines for filing written statement in commercial and non-commercial disputes – Unamended Order VIII Rule 1 CPC deemed directory, not mandatory for non-commercial suits. [Para 6]

Decision and Directions – High Court allows one more opportunity to file written statement by 28.03.2024, subject to Rs.30,000/- costs to respondent – Payment of costs as condition precedent for filing written statement – Counsel for defendant-petitioners advised against unnecessary adjournments. [Para 7]

Disposition – Petition disposed of with directions for filing written statement and payment of costs – Pending applications, if any, also disposed of. [Para 8]

Quashing of Proclamation as Proclaimed Person – Challenging the order declaring petitioner as proclaimed person in FIR No.79/2014 under Sections 325, 323, 34 IPC – Allegation of incorrect calculation of mandatory 30 days period under Section 82 Cr.P.C. – Proclamation and declaration as proclaimed person quashed due to non-compliance with mandatory requirements of Section 82 of Cr.P.C. [Paras 1-9]

Computation of Period for Proclamation – Incorrect Calculation – The Court finds procedural error in computing the 30-day period as required under Section 82 Cr.P.C. for the proclamation – Period calculated from the date of ordering the fixing of proclamation, not from the date of its actual effect – Declares the proclamation order legally unsustainable. [Paras 4-5, 8]

Mandatory Requirements for Proclamation under Section 82 Cr.P.C. – Non-compliance – Judgment highlights non-fulfillment of mandatory procedural requirements for proclaiming an individual as a proclaimed person – Emphasizes on strict adherence to the provisions of Section 82(1) and 82(2) Cr.P.C. – Failure in adhering to the procedures renders the proclamation and subsequent proceedings null and void. [Paras 6, 7, 9]

Decision – Quashing of Proclamation Order – High Court sets aside the order dated 26.08.2016, declaring the petitioner as a proclaimed person, on grounds of material procedural irregularities and incorrect computation of the mandatory 30-day period as stipulated in Section 82 Cr.P.C. [Para 8-9]

Criminal Procedure – Allegations of Perjury and False Evidence  - Application under Section 340 of the Cr.P.C. – The petitioners challenged the order remitting the matter to the trial court for further inquiry into allegations of perjury under Section 340 of the Cr.P.C. The contention revolves around the false implication of respondents No. 2 and 3 in a complaint under Section 138 of the Negotiable Instruments Act, 1881, by the petitioners. [Para 1, 3, 5-6]

Scope of Section 340 of the Cr.P.C. – Discussed – Emphasized that the invocation of Section 340 of the Cr.P.C. requires a deliberate and conscious act of perjury with reasonable probability of conviction. It is not meant for vindication of private grievances but to uphold the administration of justice. [Para 17, 19]

Judicial Prudence in Perjury Prosecution – Observed – Courts should sanction prosecution for perjury in cases where false evidence appears deliberate and with a likelihood of conviction. Mere inaccuracy in statements, which may be innocent or immaterial, should not attract prosecution under Section 340. [Para 17, 18, 21]

Findings on the Application under Section 340 of the Cr.P.C. – Held – On the basis of available records and arguments, found no deliberate perjury or intention to commit forgery by the petitioners. The alleged inaccuracies did not demonstrate a deliberate attempt to mislead the court or affect the administration of justice. Thus, initiation of prosecution under Section 340 of the Cr.P.C. not expedient in the interest of justice. [Para 19-21]

Decision – Set Aside Order for Further Inquiry under Section 340 of the Cr.P.C. – The impugned order remitting the matter to the trial court for further inquiry under Section 340 of the Cr.P.C. set aside, finding it lacking in legality and failing to establish the expediency or necessity in the interest of justice. The court directed to expedite the conclusion of the complaint pending for 12 years. [Para 23-24]

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 Investigation – Eyewitness account by Amarpal (PW-4) corroborated by FIR and charge framing under Sections 279 and 304-A IPC against Raj Kamal for causing the accident by negligent driving [Paras 7, 8].

Legal Error in Tribunal's Decision – Tribunal's dismissal based solely on non-joinder of mother of deceased, disregarding that claimants included widow and minor children, recognized as legal representatives under Section 166 of Motor Vehicles Act, 1988 – Tribunal misapplied procedural rigor suited to civil trials, not compensatory claims under Motor Vehicle statutes [Paras 9, 12-13].

Judicial Precedents on Non-Joinder of Parties – Reference to judicial opinions highlighting that non-joinder of all legal representatives should not invalidate a compensation claim; flexibility allowed for amending claim to include omitted legal representatives [Paras 14, 15].

Calculation of Compensation and Award – Based on principles laid out in National Insurance Company Ltd. Vs. Pranay Sethi & Ors. [2017] and other relevant precedents; total compensation recalculated at Rs. 5,82,240/- with provisions for future prospects, personal expenses, and conventional damages; interest at 9% per annum awarded from the date of claim till realization [Paras 17-18, 19].

Directions to Insurance Company – To deposit the awarded amount with interest within two months; distribution specified among appellants [Para 20].

Maintenance Awarded by Family Court – Challenged by Husband – Family Court ordered husband to pay Rs. 40,000/- monthly for wife and daughter maintenance – Husband’s revision application under Section 397 read with Section 401 of Cr.P.C. claiming inability to pay and contesting wife’s ability to earn – [Para 1, 2, 4]

Assessment of Maintenance – Husband’s Income and Wife’s Earning Capacity – Contention of underreported income by husband and wife’s potential to earn – Court examined factors including status, income, property, and liabilities of parties for maintenance determination – [Para 9-11, 13]

Evidence and Legal Principles – Husband’s duty under Section 106 of the Evidence Act to disclose income – Court relied on precedents for assessing underreported income and deciding maintenance, emphasizing holistic evidence assessment – [Para 11-13]

Decision – Revision Application Dismissed – High Court upheld Family Court’s maintenance order – No merit found in husband’s revision application under limited revisional jurisdiction – [Para 13]

Appeal Against Tribunal's Award – Appeal filed by ICICI Lombard Motor Insurance against award dated 22.7.2009 by Third Additional Judge to First Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No. 50/2009 – Challenge to compensation amount awarded for death in a road accident. [Para 1]

Factual Background – Respondents/claimants sought compensation for the death of Sonu @ Shankar Pratap Singh Jadoun in an accident involving a loading auto – Vehicle's driver and owner (Respondents No. 3 and 4) proceeded ex-parte. [Paras 2-3]

Insurance Company's Denial of Liability – Appellant (Insurance Company) denied liability citing breach of policy terms – Offending vehicle allegedly plied in violation of policy conditions. [Para 4]

Tribunal's Decision – Claims Tribunal partly allowed the claim, granting Rs. 1,96,912/- with 7% interest per annum – Directed driver, owner of the vehicle, and insurance company to pay jointly and severely. [Para 5]

Appellant's Arguments – Insurance company contested tribunal's decision, arguing breach of driving license terms and incorrect dependency calculation, as the deceased was unmarried. [Para 6]

Respondents/Claimants' Counter-Arguments – Claimed inadequate compensation, overlooked evidence on the deceased's income, and sought additional compensation for "pain and suffering" and "future prospects". [Para 7]

Judicial Analysis and Rulings:

License Validity Ruling – Apex Court precedent (Mukund Dewangan vs. Oriental Company Limited) upholds validity of LMV license for driving transport vehicle – Tribunal's finding on driver's valid license affirmed. [Para 8-9]

Dependency Calculation – Deceased being unmarried, dependency calculated at 1/2 as per Sarla Verma Vs. DTC precedent. [Para 10]

Income Estimation – Tribunal's estimation of deceased's annual income as Rs.15,000/- upheld due to lack of documentary evidence. [Para 11]

Compensation Calculation – Calculation includes Rs. 27412/- for medical expenses, 40% for future prospects, Multiplier of 18, and Rs.70,000/- in other heads – Total compensation enhanced to Rs.2,86,412/-. [Paras 12-13]

Decision – Award to respondents/claimants enhanced from Rs.1,96,912/- to Rs.2,86,412/- – Enhanced amount, with interest, to be paid by insurance company – Appeal allowed to this extent. [Para 14]

Court Fee Adjustment – Direction to claimants to deposit the difference in court fee, if applicable. [Para 15]