Facts:

Respondent No. 4 claimed adoption of the 'Blenders Pride' trademark through its licensee 'Seagram.'

Appellant applied for the same trademark, leading to a notice of opposition from Respondent No. 4.

Registration certificates issued to the appellant and subsequent legal proceedings ensued.

A writ petition, a suit for infringement, and a show cause notice for rectification under section 57(4) were key elements.

Issues:

Applicability of sections 124 and 125 in the context of the trademark dispute.

Validity of the registration certificate issued to the appellant.

Territorial jurisdiction concerning the show cause notice under section 57(4).

Held:

The Appellate Board and the Division Bench correctly held that the registration certificate, issued before the extended period, violated Section 23(1) of the Act. The register was ordered to be rectified by deleting the trademark.( Para 15-18)

The plea challenging the jurisdiction of the show cause notice issued in Bombay was dismissed. Section 57(4) powers can only be exercised by the Registrar in Bombay, as per the Act's provisions.( Para 19-21)

Section 124(1) applies to a suit for infringement, and Section 125(1) applies to applications for rectification. In this case, Section 125(1) does not apply as the application for rectification was not made by any party defendant in the suit for infringement.( Para 22-25)

Section 57(4) does not fall within the scope of Section 125(1) as it involves the Registrar's suo motu powers. Excluding Section 57(4) is essential for maintaining the purity of the register.( Para 26)

Decision: The appeal was dismissed, affirming the decisions of the Appellate Board and the High Court.

Referred Cases:

Ghanshyam Dass Vs. Dominion of India, (1984) 3 SCC 46

Hardie Trading Ltd. and another Vs. Addisons Paint & Chemicals Ltd., (2003) 11 SCC 92

Kailash Vs. Nanhku, (2005) 4 SCC 480

M. Mazharuddin Ali Vs. Govt. of A.P., (2000) 10 SCC 383

M/s Allied Blenders and Distillers Private Limited, Mumbai Vs. Intellectual Property Appellate Board, Chennai, AIR 2009 Madras 196

State of Punjab Vs. Shamlal Murari, (1976) 1 SCC 719

Sushil Kumar Sen Vs. State of Bihar, (1975) 1 SCC 774

Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai, (1998) 8 SCC 1

Powell's Trade Mark, (1894) 11 RFC 4

Final Result : Dismissed

Facts:

The case involves a dispute between Vishal N. Kalsaria and Bank of India & Others. The central issues pertain to the applicability of the SARFAESI Act in the context of eviction and its potential override of the Maharashtra Rent Control Act.

Issues:

Whether the SARFAESI Act, particularly Section 35, has the authority to override the provisions of the Maharashtra Rent Control Act, 1999.

The status of "protected tenant" under the Rent Control Act.

The significance of non-registration of a tenancy deed and its impact on the validity of the lease.

Held:

The SARFAESI Act is intended for the efficient recovery of non-performing assets by banks and operates in a different field than the Rent Control Act. The two Acts serve distinct purposes and should not be interpreted to overlap (Para 10, 22, 23).

The court emphasizes the social welfare nature of the Rent Control Act and asserts that a landlord cannot exploit the SARFAESI Act to circumvent the protections provided to tenants (Para 24).

The judgment affirms that if the SARFAESI Act were interpreted to allow banks to evict tenants without following Rent Control Act procedures, it would undermine the legislative powers of state legislatures (Para 31, 32).

The court establishes that the SARFAESI Act cannot be used to arbitrarily evict tenants, and a non obstante clause in Section 35 does not extend to every law but only those operating in the same field (Para 30).

Decision: The court allows the appeals, ruling in favor of protecting the rights of blameless tenants and preventing the misuse of the SARFAESI Act to override the Rent Control Act provisions (Para 24).

Referred Cases:

Anthony Vs. K.C. Ittoop & Sons, (2000) 6 SCC 394

Bhanu Kumar Jain Vs. Archana Kumar, (2005) 1 SCC 787

Central Bank of India Vs. State of Kerala, (2009) 4 SCC 94

Commissioner of Income Tax Vs. Sun Engineering Works P. Ltd., (1992) 4 SCC 363

H.H. Maharajadhiraja Madhav Rao Jivaji Rao Scindia Bahadur of Gwalior Vs. Union of India, (1971) 1 SCC 85

Harshad Govardhan Sondagar Vs. International Assets Reconstruction Co. Ltd., (2014) 6 SCC 1

Ishwari Khetan Sugar Mills Pvt. Ltd. Vs. State of Uttar Pradesh, (1980) 4 SCC 136

Miss Santosh Mehta Vs. Om Prakash, (1980) 3 SCC 610

S.R. Bommai Vs. Union of India, (1994) 3 SCC 1

Transcore Vs. Union of India, (2008) 1 SCC 125

Union of India Vs. Dhanawanti Devi, (1996) 6 SCC 44

Facts:

The appellant, Nankaunoo, appealed against the High Court's judgment affirming his conviction under Section 302 IPC for the murder of Chhedi Lal. The incident arose from an altercation in the deceased's barber shop, leading to a fatal shooting near a canal. The prosecution relied on consistent eyewitness accounts and medical evidence.

Issues:

Consistency of witness testimonies.

Non-recovery of the alleged murder weapon.

Examination of intention and nature of the injury.

Held:

Consistency of Witness Testimonies: The court held that the prosecution's witnesses (PW-1, PW-2, and PW-3) provided a consistent version of events. Emphasizing the credibility of unimpeachable oral and medical evidence, the court rejected the defense's challenge based on investigating officer omissions.

Recovery of Weapon: Despite the non-recovery of the alleged murder weapon, a country-made pistol, the court ruled that in cases with robust oral and medical evidence, the absence of the weapon did not materially affect the prosecution's case.

Intention and Nature of Injury: The court discussed the distinction between intention and motive, emphasizing that the appellant intended to cause the gunshot injury. Considering the location and nature of the injury on the non-vital organ (inner part of left thigh), the court modified the conviction from Section 302 IPC to Section 304 Part 1 IPC.

Decision: The appellant's conviction was modified to Section 304 Part 1 IPC, and the appellant was sentenced to ten years of rigorous imprisonment. The appeal was partly allowed.

Referred Cases:

Jai Prakash Vs. State Delhi Administration, (1991) 2 SCC 32

Jagrup Singh case, (1981) 3 SCC 616

Virsa Singh case, AIR 1958 SC 465

Facts:

The State of Haryana initiated land acquisition proceedings in 1992, which were later dropped due to a court order restraining construction in the area.

The acquisition proceedings were resumed in 1998 for the expansion and development of Surajkund Tourist Complex.

Eros City Developers Pvt. Ltd. owned a portion of the land proposed for acquisition.

The High Court quashed the acquisition notifications under Sections 4 and 6 of the Land Acquisition Act, citing the doctrine of promissory estoppel and legitimate expectation.

Issues:

Whether the purpose of acquiring the land for the Surajkund Tourist Complex is a public purpose.

Whether the state acted bona fide in resuming acquisition proceedings in 1998.

Whether the doctrine of promissory estoppel and legitimate expectation applies in this case.

Held:

The court held that the purpose of acquiring the land for the expansion and systematic development of Surajkund Tourist Complex, including the development of a parking area near the annual Surajkund Fair, qualifies as a public purpose.

The court rejected the High Court's finding that the state did not act bona fide, emphasizing that the earlier proceedings were dropped due to court orders restraining construction in the area. After modifications in the orders, the state took a fresh decision to acquire the land for public purposes.

The court disagreed with the application of the doctrine of promissory estoppel and legitimate expectation by the High Court, stating that the protection of legitimate expectation cannot block public interest for private benefit.

Both appeals were allowed, and the impugned judgment and order of the High Court were set aside.

Referred Cases:

A.P. Pollution Control Board II Vs. M.V. Nayudu Retd., (2001) 2 SCC 62

Hira Tikkoo Vs. Union Territory, Chandigarh, (2004) 6 SCC 765

Monnet Ispat and Energy Limited Vs. Union of India, (2012) 11 SCC 1

Sooraram Pratap Reddy Vs. District Collector, Ranga Reddy District, (2008) 9 SCC 552

State of Haryana Vs. Vinod Oil and General Mills, (2014) 15 SCC 410

Facts:

On 24-06-2002, SI Satbir Singh received information that the appellant was selling opium.

The appellant was apprehended at a bus stand, and a personal search was conducted in the presence of DSP Shyam Singh Rana.

Opium was found tied around the appellant's stomach in a polythene bag.

Issues:

The appellant challenged the investigation conducted by PW6 SI Satbir Singh, who was also the complainant.

The appellant argued that, based on a precedent (State v. Rajangam), the investigation was improper, leading to entitlement to acquittal.

Held:

The Court rejected the appellant's argument, distinguishing the present case from State v. Rajangam. In this case, the search was conducted in the presence of and under the instructions of a Gazetted Officer (PW4). The principle laid down in Megha Singh and followed in State v. Rajangam did not apply in the present matter. The Court found no reason to differ from the view taken by the High Court and dismissed the appeal.

Referred Cases:

State by Inspector of Police, Narcotic Intelligence Bureau, Madhurai, Tamil Nadu Vs. Rajangam, (2010) 15 SCC 369

Megha Singh Vs. State of Haryana, (1996) 11 SCC 709

Facts:

Marriage of the first appellant and Syamala Rani took place in Vizianagaram on 04.05.2007.

Syamala Rani died under suspicious circumstances on 06.09.2008.

Criminal proceedings were initiated against the appellants under Sections 304B, 498A IPC, and Sections 3 and 4 of the Dowry Prohibition Act.

A separate complaint under Section 6 of the Dowry Prohibition Act was filed, alleging non-return of dowry amount and articles.

Issues:

Whether the subsequent complaint under Section 6 of the Dowry Prohibition Act is sustainable when a prior case under FIR No. 1492 of 2008 is already registered against the appellants.

Whether specific allegations exist against the parents and sisters of the appellant-husband regarding the entrustment of dowry articles.

Held:

The Court emphasized that the giving of dowry and traditional presents does not raise a presumption of entrustment under Section 6 of the Dowry Prohibition Act.

There were no specific allegations against appellants 2 to 6 regarding the entrustment of dowry articles, and the continuation of criminal proceedings against them was not just and proper.

The impugned order was set aside regarding appellants 2 to 6, and the appeal was partly allowed.

Referred Cases:

Pratibha Rani Vs. Suraj Kumar, (1985) 2 SCC 370

Madhavrao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, (1988) 1 SCC 692

Facts:

The dispute involves premises at No. 9-3-692 to 694, Regimental Bazar, Secunderabad ("suit premises").

Appellants' predecessors purchased the suit premises in 1904; Respondents' predecessors became tenants.

Respondents allegedly stopped paying rent from June 1, 1987.

Issues:

Default in payment of rent and denial of appellants’ title to suit premises.

Validity of the eviction petition under Section 10 of the A.P. Buildings Act.

Held:

The First Appellate Court found the appellants to be the owners of the suit premises.

High Court set aside the First Appellate Court's order and restored the Rent Controller's decision.

Supreme Court held that the High Court committed a jurisdictional error by not adhering to established principles in revisionary jurisdiction for rent matters.

The findings of the First Appellate Court, including the relationship of landlord-tenant and willful default in rent payment, were held binding on the High Court.

The High Court did not limit its inquiry to jurisdictional errors as required by law.

The sale deed proved ownership by appellants, and respondents failed to prove their defense.

Supreme Court allowed the appeal, set aside the High Court's judgment, and restored the First Appellate Court's decision.

Respondents were granted three months to vacate, subject to depositing arrears of rent and damages.

Referred Cases:

Hindustan Petroleum Corporation Limited Vs. Dilbahar Singh, (2014) 9 SCC 78

Sheela Vs. Firm Prahlad Rai Prem Prakash, (2002) 3 SCC 375

Facts:

The Respondent No. 1 appeared in the Odisha Joint Entrance Examination 2012, seeking admission into an engineering course. He was placed in the physically challenged category based on a visual disability and presented a certificate stating a 40% visual disability. The prospectus outlined reservation criteria for physically challenged candidates.

Issues:

The discrepancy in the assessment of the Respondent No. 1's visual disability—20% by the Medical Board constituted as per the prospectus and 40% as per the certificate from the District Head Quarters Hospital.

The High Court intervened, directing the production of a physically handicapped certificate contrary to prospectus guidelines.

Held:

The Supreme Court held that the High Court's interference was unwarranted. It emphasized adherence to prospectus guidelines, especially regarding the Medical Board's evaluation of disabilities. The Board, consisting of senior professors, correctly assessed the Respondent No. 1's visual disability at 20%. The High Court's order was deemed erroneous, and the appeals were allowed. The order passed by the High Court was set aside, with no costs imposed.

Facts:

The High Court considered questions referred to it regarding the Assessee's claim for deduction under Section 35(2A) of the Income Tax Act, 1961. The issues included the disallowance of service charges paid to M/s. Universal Trading Company, the disallowance of loss in the film business, and the disallowance of a donation made to Aparna Ashram.

Issues:

The Assessee's failure to provide proof of services rendered by UTC, the allowance of loss in the film business, and the eligibility for the deduction of a donation to Aparna Ashram.

Held:

Disallowance of Service Charges: The Assessing Officer disallowed the service charges claim, citing the Assessee's failure to provide evidence of services by UTC during the relevant assessment year. The CIT (Appeals) and the ITAT held contrasting views. The High Court justified its decision based on the Assessee's failure to provide proof.

Disallowance of Loss in Film Business: The ITAT allowed the deduction for the loss in the film business, relying on a decision related to a sister concern. The High Court found this reliance untenable and interfered with the decision.

Disallowance of Donation to Aparna Ashram: The High Court upheld the disallowance of the donation, emphasizing the Assessee's failure to produce a certificate showing compliance with registration conditions under Section 35(2A) of the Income Tax Act.

Referred Cases:

Commissioner of Income-Tax, Bombay City Vs. Greaves Cotton and Co. Ltd., 68 ITR 200

K. Ravindranathan Nair Vs. Commissioner of Income-Tax, 247 ITR 178

Karnani Properties Ltd. Vs. Commissioner of Income-Tax, West Bengal, 82 ITR 547

Rameshwar Prasad Bagla Vs. Commissioner of Income-Tax, U.P., 87 ITR 421