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RECENTLY BENGALURU DISTRICT CONSUMER FORUM DIRECTED ONLINE MERCHANT FLIPKART TO REFUND AN ANOUNT OF RS. 13,999/- ALONGWITH COMPENSATION OF RS. 10,000/- TO A 80-YEAR OLD FOR CAUSING MENTAL AGONY. BRIEF FACTS An 80 -Year Old Consumer ordered a treadmill on the online site of Opposite Party Flipkart. In compliance the treadmill was delivered to the consumer. At the time of installation of the product, it was revealed by the technician that the treadmill is faulty. On coming to know that the consumer returned the product to Flipkart and sought replacement. Initially Flipkart failed to replace the product but in some time, the replaced product was delivered to consumer, however, despite requests they failed to send the technician. When consumer tried to fix the same on its own, it was found that the product was of some other company. In other words, it was not the same product which has been initially ordered by the consumer. With no resolution, the consumer was left with no other option bu...

RECENTLY KERALA HIGH COURT DISMISSED WRIT PETITION FILED UNDER ARTICLE  226 OF CONSTITUTION FILED BY FATHER ON BEHALF OF HIS 10- YEAR OLD GIRL FOR SEEKING AN ORDER TO ENTER SABARIMALA TEMPLE. THE SAME IS DISMISSED IN LIGHT OF REVIEW PENDING ON THE SAID ISSUE BEFORE THE LARGER BENCH OF THE APEX COURT. BRIEF FACTS 10 year old girl filed a writ petition before the Kerala HIgh Court seeking relief of mandamus seeking directions to Travancore Devaswom Board to allow her to offer pilgrimage to Sabarimala Temple without taking into account the restrictions of age since she has not attained puberty or in the alternative to allow the request of the minor on sympathetic grounds. It is contended by the Petitioner that they are planning to visit the temple since long and it has been delayed due to onset of Covid earlier. Now, the family is under distress and also the father of Petitioner is not in good health. Hence, they have applied the same online but since in the meanwhile the age of Petit...

In an appeal filed by Crompton against order passed by Single Judge granting injunction in favor of V-Guard, and restraining Crompton from using their alleged mark “PEBBLE” has been dismissed by the Division Bench of Delhi High Court BRIEF FACTS  V-Guard filed a case against Crompton before Delhi High Court restraining them from using the mark “PEBBLE” . It is argued that they are selling the goods like water heater, geysers since the year 2013, under their registered label “PEBBLE” which forms the dominant part of the mark. It has been selling the electric and consumer goods since 1977 under the name V-Guard and claims to have a turnover of over 2600 crores, hence requires protection. Crompton, on the other hand, that the word “PEBBLE” is a common dictionary word, and not a coined word, hence its exclusive use cannot be granted to anyone. It is further argued that their mark as a whole is visually, phonetically is different. Further, they are using the mark for electric irons, ...

RECENTLY, DELHI HIGH COURT WHILE HEARING A MATTER FOR TRADEMARK INJUNCTION GRANTED RELIEF OF INTERIM INJUNCTION IN FAVOR OF THE PLAINTIFF "FAB INDIA" RESTRAINING "FAB INDIA EMPORIUM" FROM USING THE SAID MARK BEING DECEPTIVELY SIMILAR TO THAT OF THE PLAINITFF. THE COURT HELD THAT PRIMA FACIE CASE LIES IN FAVOR OF PLAINTIFF, BALANCE OF CONVENIENCE IS IN THEIR FAVOR AND IF RELIEF IS NOT GRANTED PLAINTIFF SHALL SUFFER IRREPARABLE LOSS TO THE PLAINTIFF  BRIEF FACTS  Plaintiff filed a commercial suit before Delhi High Court RESTRAINING defendants from using the mark " FABINDIA " as the same is alleged to be deceptively similar to that of the plaintiff. The plaintiff is a retail company engaged in production and retail of handcraft goods under the name and style of "FAB INDIA". The said company has been incorporated in the year 1960 and since then plaintiff has expanded its operations throughout the country. It is alleged that the plaintiff owns more th...

In a recent case, Madhya Pradesh High Court allowed the petition for divorce filed by wife observing that since husband is convicted for murder in a separate case and is in custody for last 6 years, separation constituted mental cruelty on wife and it further amounts to situational desertion, forming a valid ground for granting divorce. BACKGROUND Parties got married in the year 2011 and subsequently blessed with a daughter. Years later husband faced trial for murder of his own father owing to certain property dispute and went into custody in the year 2017. Finally, husband got convicted in the year 2019 and was sentenced to life imprisonment. Seeing the same, wife filed a petition for divorce in the District Court Gwalior alleging cruelty as a ground. In addition husband cruel behaviour towards wife is also alleged in the said petition.  The district court however, refused to grant the petition filed by wife observing that conviction of husband in separate criminal case is no grou...

NCLT Chandigarh Bench comprising Sh. Harnam Singh Thakur (Member Judicial) and Sh. L.N. Gupta (Member Technical), vide its order dated: 06.06.2024 duly observed that in view of approval by creditors and shareholders of all the Petitioner Companies together with no objections received on behalf of all the statutory bodies involved, there lies no impediment in sanctioning the scheme among Petitioners Companies and their respective shareholders under Sec 230 to 232 and other relevant provisions of the Companies Act, 2013.  It is however made clear that aforesaid Sanction shall not mean any exemptions from payment of taxes before any statutory bodies and under relevant laws including that of the Income Tax Act, 1961. It is further clarified that in case of any deficiency, violations of any sort by the Petitioner Companies, in such an event the Sanction shall not come in way to the relevant authorities from taking their course of actions. The Tribunal also noted down certain conditions ...

In the light of Sec 125 CrPC Act, 1973, Gauhati High Court in a review petition against order of Family Court, recently observed that if the husband willfully neglects to provide maintenance to wife, she can approach the court of law. Brief facts   Both petitioner and respondent are married couple. However, it is alleged by wife that soon after marriage, the husband started torturing her both mentally and physically. He also used to demand money from wife. Thus, wife was compelled to leave the shared household and started living in her parent's home. Thereafter, she filed a case under Sec 125 CrPC for maintenance. Allowing the said petition, the Family Courts fixed a monthly allowance of Rs. 2200/-. However, aggrieved by the said order, the husband filed the review petition before the Gauhati High Court.  Observations of High Court   It was observed that based upon the findings of the trial court it is clear that the wife was subjected to abuse both mentally and physicall...

Recently Supreme Court dismissed an appeal challenging the order passed by Bombay High Court dismissing the writ petitions filed by erstwhile employees of Air India Limited, observing that since the Air India Limited after its transfer being a govt. entity is dispensing the functions being a private company, hence not amenable to the ambit of writ jurisdiction. Brief facts The appellants were working with Air India. Post retirement they filed a writ petition with respect to stagnation and non -promotion to the employees alleging violation of Articles 14, 16 and 21 of the Constitution of India. It was observed that at the time of filing the writ petitions before the Bombay High Court, Air India being Govt entity came within the purview of State defined under Article 12 of the Constitution. In light of the same the writ petitions filed were initially found to be maintainable. However, in the year 2021, during the pendency of writ petition, bid of Talace India Private Limited to purchase ...

  Delhi CM Arvind Kejriwal surrendered before Tihar Jail on 2nd June in compliance to the earlier orders passed by the Apex Court. However, his interim bail plea filed on medical grounds was pending for orders today by the Delhi District Rouse Avenue Court. The interim bail was strongly opposed by SGI Tushar Mehta and ASG SV Raju both appearing for ED on following amongst other grounds:- Interim bail plea is not maintainable  Kejriwal is challenging the order passed by Apex Court, which is not permissible. The liberty  was granted only to the extent of filing the regular bail and not interfering with the interim bail. It was pleaded that unless a prima facie case is made out that no offence is committed, the relief of interim bail cannot be entertained. On the other hand, advocates appearing for Arvind Kejriwal, i.e. Vivek Jain and ld. Senior Counsel N Hariharan submitted that due to the medical condition i.e. shooting of diabeties of Kejriwal due to stress during campaig...

INTRODUCTION  Hello friends, today we shall take a glance over the concept of cruelty and cases filed thereof due to disputes arising between the married couples and their other family members. This section was introduced in IPC in the year 1983. The same was done as the women those days were subjected to cruelty more often then not by their husbands and in-laws, specifying the patriarchal system of the society. Another possible reason that for such dominance was that the women back then were not financial dependent as in modern times like of today, hence they had to live entirely on the mercy of their husband and which created situations that ultimately subjected them of cruelty.  Before moving ahead let us take a glance of the bare act of Sec 498A IPC,  Section 498A in The Indian Penal Code, 1860  498A. Husband or relative of husband of a woman subjecting her to cruelty.— Whoever, being the husband or the relative of the husband of a woman, subjects such woman to ...