EIH ltd. & Anr. v. Aahana Realty Pvt. Ltd. & Ors

The suit was filed for infringement of trade mark, passing off, dilution and damages etc., against defendants’ use of the mark ‘THREE SIXTY WEST’ for their hotel-cum-residential project infringes the plaintiffs’ statutory rights in the marks ‘three sixty’ and ‘three sixty one’ and use by the defendants of ‘OBEROI’ in conjunction with ‘THREE SIXTY’ infringes the plaintiffs’ rights in the trade mark ‘OBEROI’. Rejecting the application under Order 7 Rule 10 of the CPC, 1908 the Court held that the plaintiffs herein have pleaded effect of the action of the defendants within the territorial jurisdiction of this Court and sale of the project at Delhi through third party websites. All the said pleas in the plaint if proved, would confer territorial jurisdiction on this Court and the plaintiffs cannot be ousted treating the averments in the plaint to be false. The Court further held that though there can be no estoppel against statute and no conferment of jurisdiction by consent but it cannot also be lost sight of that CS(OS) No.892/2005 was filed by the plaintiffs against the defendants, who then also were carrying on business at Mumbai, restraining them from carrying on the said business of real estate, construction, hotels, spas and/or any cognate or allied business under the name and style ‘OBEROI’, ‘OBEROI SPAS’ and ‘OBEROI GROUP.’ The plaintiffs in the plaint in the suit aforesaid also, invoked the jurisdiction of this Court on the basis of the plaintiffs carrying on business at Delhi and the cause of action having accrued at Delhi owing to the defendants having advertised under the impugned mark in the ‘Times of India’ newspaper having circulation at Delhi.…
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100 case files related to one judge go missing, CBI to probe

A day after the Madras High Court ordered the CBI to investigate the whereabouts of at least 100 case bundles, former judge T Mathivanan, who allegedly failed to return them at the time of his retirement in May 2017, hit back, saying this was a bid to defame him. Justice (retired) Mathivanan told an English Daily: “It was not my mistake, they (the case bundles) are all physically available. It was the failure of the Registry of the Madras High Court to get them.” The order for a CBI probe came on petitions that pointed out Justice Mathivanan delivered oral orders in open court, written copies of which were never made available to litigants. In the High Court office too, the case bundles could not be found. Justice G Jayachandran ordered the CBI probe Wednesday after an in-house investigation ordered by Chief Justice Indira Banerjee failed to retrieve the bundles. “It is alarming to note case bundles, 100 in number, disappearing from the radar, like vessels going missing in the Bermuda Triangle,” Justice Jayachandran said. The court directed the Joint Director of CBI, Chennai zone, to look into the matter. Rejecting the charges, Justice Mathivanan said one can understand if one or two bundles are placed.…
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HC Judge withdraws from case after FB post row

The Bombay High Court has upheld the Pune district court’s decision to transfer a case from the roster of a judge after the petitioner commented on his Facebook post. The court said under certain circumstances, a lawyer leaving a comment on a judge’s social media post could be seen as “professional misconduct”. In an order earlier this month, a Division Bench of Justices Shantanu Kemkar and Nitin Sambre said a judge withdrawing himself from a case in such circumstances would be justified. The issue arose during the hearing of a property dispute before Additional District Judge S.B. Bahalkar. Sonia Prabhu, a lawyer and one of the petitioners, had commented on a Facebook post of Judge Bahalkar. The post had nothing to do with the case, but deeming such interaction inappropriate, Mr. Bahalkar approached District Judge S.M. Modak and sought to recuse himself from the case. Mr. Modak ordered that the case be transferred to another judge. Ms. Prabhu then moved the court, questioning the necessity to transfer the case. The court held that the district judge had taken the right decision. In its July 3 order, the court said, “The conduct of the lawyer in responding to the Facebook post of a judge who was hearing their appeals…could be viewed as professional misconduct.” The High Court said, “A judge may recuse on the basis of interest in the subject matter, intimacy with the parties… or own conscience about the matter.” (Credit: The Hindu)…
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Dismissing cop’s plea, Madras High Court says ‘corruption has become a rule’

Observing that corruption, which was once an exception to a civilised existence, has now “become a rule”, the Madras High Court on Tuesday rejected a petition by a police sub-inspector who was dismissed from service under the Prevention of Corruption Act (PCA). “A stern view is to be taken, since the incidents of corruption are proliferating in alarming proportion in public employment and therefore, a deterrent punishment ought to be the order of the day to curb or curtail the abominable menace of corruption,” Justice V Parthiban observed. Turning down Palanimuthu’s plea challenging the dismissal of mercy petition and the dismissal order of the DGP, the judge said, “Since this court is of the considered view that the proved corruption cannot be condoned under any circumstances and therefore dismissal order cannot even be remotely held to be disproportionate.” On the other hand, as found in the CCS CCA rules governing the service conditions of the central government servants, as a matter of imposing punishment for dishonesty, it can only be either removal or dismissal from service, the judge observed. “While holding as such, the writ petition is hereby dismissed as being devoid of merits,” he said. The judge suggested to the state government to bring in suitable amendment to the disciplinary rules.…
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Dismissing cop’s plea, Madras High Court says ‘corruption has become a rule’

Observing that corruption, which was once an exception to a civilised existence, has now “become a rule”, the Madras High Court on Tuesday rejected a petition by a police sub-inspector who was dismissed from service under the Prevention of Corruption Act (PCA). “A stern view is to be taken, since the incidents of corruption are proliferating in alarming proportion in public employment and therefore, a deterrent punishment ought to be the order of the day to curb or curtail the abominable menace of corruption,” Justice V Parthiban observed. Turning down Palanimuthu’s plea challenging the dismissal of mercy petition and the dismissal order of the DGP, the judge said, “Since this court is of the considered view that the proved corruption cannot be condoned under any circumstances and therefore dismissal order cannot even be remotely held to be disproportionate.” On the other hand, as found in the CCS CCA rules governing the service conditions of the central government servants, as a matter of imposing punishment for dishonesty, it can only be either removal or dismissal from service, the judge observed. “While holding as such, the writ petition is hereby dismissed as being devoid of merits,” he said. The judge suggested to the state government to bring in suitable amendment to the disciplinary rules.…
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Hyderabad High Court stays NCLT order against Ramky Infrastructure

The Hyderabad High Court has suspended a National Company Law Tribunal order to initiate insolvency proceedings against Ramky Infrastructure for non-payment of around Rs 1.27 crore to an equipment supplier that claimed itself to be an operational creditor. Todi Minerals, which is into the business of mining, crushing and related activities, had moved the Hyderabad bench of the tribunal claiming that it had lent equipment to Ramky Infra and that the dues were against the rent. It sought to initiate insolvency proceedings to recover the money. Ramky Infra argued before the tribunal that it never executed any agreement with the other company and that its employees who purportedly signed the contract were not authorised to do so. Criminal cases were filed against those employees, it said. The tribunal didn’t agree with the argument and viewed that there was no pre-existing dispute over the authority of executants of the agreement when legal proceedings by Todi Minerals was going on against Ramky Infra for years in various courts. Ramky Infra disputed the authority of the employees for the first time in a reply to a notice in December, the NCLT noted, and called it “a feeble legal argument unsupported by evidence”. It also didn’t agree with the argument of Ramky Infra that the claim of the operational creditor was barred by limitation.…
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H&M gets interim relief from Delhi High Court

<p class="“> Hennes & Mauritz (H&M) won interim relief in a case related to the alleged flouting of labelling norms in India, with the Delhi High Court staying proceedings in a lower court until it hears the matter on October 15. The Delhi government had filed criminal charges against the Swedish fashion retailer, claiming that H&M had flouted rules by mentioning the length of a garment in a label as “122 cm” and not “1.22 metres,” as required by the Legal Metrology (Packed Commodities) Rules, 2011. The alleged anomaly was found during a check of an H&M outlet in the capital in May 2016 — barely seven months after the retailer entered India. The lower court summons to H&M were issued only recently, following which H&M approached the high court, sources said. “Since this is an ongoing matter in court, we will not be able to comment on the case,” an H&M spokesperson said in an emailed response to ET. H&M informed the high court that it sells loose garments that are not in “pre-packaged form” and such rules should not apply to it. The lawyers furnished in court a December 2016 advisory from the Ministry of Consumer Affairs, Food and Public Distribution that “clarified that the said rules are only applicable to pre-packaged commodities and are not applicable to garments sold in loose form,” the court said in its order.…
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HC imposes Rs. 5 L fine on Hotel Leela for ‘forum-hunting’

The Bombay High Court today imposed a fine of Rs 5 lakh on Hotel Leela Venture Limited for “forum-hunting” by seeking that their pleas, challenging eviction proceedings initiated against it by the Airports Authority of India (AAI), be heard by a single judge bench. The AAI had, in February last year, issued an eviction notice to Hotel Leela Venture, which runs a five-star hotel near the Chhatrapati Shivaji International Airport, for non- payment of dues. The Airports Authority initiated the procedure to evict the hotel and reclaim 29,000 sq m land it stands on for non-payment of dues and flouting other terms of agreements. The hotel company had then filed two petitions in high court — one challenging the notice and the other against the eviction proceedings. It had also filed an arbitration petition seeking to amicably resolve the dispute. Initially, the hotel’s counsels sought for all the matters to be heard by a division bench. The petitions were then placed before a division bench of Justices A S Oka and Riyaz Chagla. However, the hotel’s lawyer, Deepak Khosla, said today that the arbitration petition can be heard only by a single judge bench. “The arbitration petition should be transferred to a single judge bench and the other two petitions should also be clubbed along with it,” Khosal told the court.…
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Marriage doesn’t mean wife always ready for sex: Delhi HC on marital rape

Marriage does not mean that a woman has to have a physical relationship with her husband, the Delhi High Court said on Tuesday, while holding that physical force is not necessary for constituting the offence of rape. A bench of acting Chief Justice Gita Mittal and C Hari Shankar said that in a marital relationship, both the man and the woman have a right to say no to a physical relationship. The court’s observation came while hearing pleas seeking to make marital rape an offence and others opposing it. “Marriage does not mean that the woman is all time ready, willing and consenting. The man will have to prove that she was a consenting party,” the bench said. The court did not agree with the submission of the non-profit, Men Welfare Trust, which opposed the plea to make marital rape an offence, that in spousal sexual violence, the use of force or threat of force are important elements to constitute rape. “It is incorrect to say that force is necessary for rape. It is not necessary to look for injuries in a rape. Today, the definition of rape is completely different,” the court said. The NGO’s representatives, Amit Lakhani and Ritwik Bisaria, argued that a woman already has protection from sexual violence in a marriage under the available laws, including Prevention of Women from Domestic Violence Act, harassment to married woman, sexual intercourse with wife without her consent while she is living separately and unnatural sex.…
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Facebook Unable To Stop Piracy Of Movies, Will Take Help From Us Startup Source3

Several Facebook groups are sharing pirated Hollywood movies to hundred of thousands of users and the social media giant’s automated software is unable to stop copyright infringements, the media reported. According to the Business Insider, these Facebook groups make no attempt to conceal catalogues brimming with the latest blockbusters like “Ant-Man and the Wasp” and “A Quiet Place.” “These groups, some of which are years old, exist despite Facebook’s army of human content moderators and automated software meant to detect copyright-infringing content, raising questions about the effectiveness of Facebook’s content-policing systems,” the report said on 15 July. Some of the group’s titles are “Full HD English Movie” which has more than 134,000 members and “Free full movies 2018” that has 171,000 members. A Facebook spokesperson was quoted as saying that “it wasn’t the company’s responsibility to take down such content unless asked to by the content’s rights holders”. In its battle against pirated content, Facebook last year acquired a US-based startup Source3 to help it weed out pirated videos and other content that users share without permission. “We’re excited to work with the Source3 team and learn from the expertise they’ve built in intellectual property, trademarks and copyright. As always, we are focused on ensuring we serve our partners well,” a Facebook spokesperson said at the time of the acquisition.…
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Egypt approves law to protect senior military officers from prosecution

The Egyptian Parliament approved a law that would protect high ranking and senior military officers from prosecution. This law is in response to the 2013 violent overthrow of former president Mohammed Morsi. With the new legislation, current President Abdel Fattah el-Sisi will have the power to grant immunity to those officers involved in the coup. Al-Sisi was reelected for his second term in office this year. Ahead of the election, Human Rights Watch accused Egyptian authorities of escalating arbitrary arrests against political opponents. Earlier this month, Amnesty International called for the Egyptian parliament to reject proposed laws that would increase the government’s control over online content. (Credit: Jurist)…
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“I don’t need to have any directive or permission from anyone to pass orders”, High Court Judge to Addnl. Solicitor General

On Monday, Delhi HC Bench while hearing the case pertaining to Attendance Row in Jawaharlal Nehru University (JNU) witnessed few fireworks between the and Advocate and the Bench. HC Judge, Justice Siddharth Mridul saw a heated exchange of words between Senior Advocate Kapil Sibal appearing for Petitioners and ASG Aman Lekhi and ASG Aman Lekhi with Bench in which Bench strongly condemned ASG Aman Lekhi’s statements. HC Bench stated that University itself submitted that it would not take any coercive steps against students, to this ASG Lekhi replied that these students are an “embarrassment to nation, they are Anti-National, they want to break up the country and celebrate Afzal Guru”. Justice Mridul questioned that Whether that matter is pending in some other Court or not? HC Bench then proceeded to pass an order directing that no coercive steps be taken against students to which ASG Aman Lekhi retorted,’How can your lordships passed an order of stay? How can you pass that order?” Justice Mridul took strong objection to ASG Aman Lekhi’s antics and stated that,“I don’t need to have any directive or permission from anyone to pass orders”. To this ASG Aman Lekhi replied that he hasn’t said anything in Contempt of Court.…
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