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The Legal Affair

Let's talk Law

The Legal Affair

Let's talk Law

Author: farhats693

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  • Delhi HC Asserts the Right to Use One’s Name Under Trade Marks Act: A Battle of Identity vs. Trademark
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09/03/2024, 2 years ago

Delhi HC Asserts the Right to Use One’s Name Under Trade Marks Act: A Battle of Identity vs. Trademark

Introduction: In a trademark infringement suit, the Delhi High Court has cited Shakespeare’s “What’s in a name?” to emphasize the sanctity of using one’s own name, protecting it as an identity marker under the Trade Marks Act, 1999. The court explored the delicate balance between the right to use one’s name and potential trademark infringement, […]

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09/03/2024, 2 years ago

Kerala High Court Rules Unit Run Canteens Not Considered ‘State’ Under Article 12

Introduction: The Kerala High Court recently addressed the status of Unit Run Canteens (URCs) in a case where employees challenged an order to replace them with contractual workers. The petitioners contended that URCs fall within the definition of ‘state’ under Article 12 of the Indian Constitution. However, the court’s analysis delved into the creation, finance, […]

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09/03/2024, 2 years ago

Supreme Court Reaffirms Mandatory Nature of Affidavit in Criminal Proceedings

Introduction: In a recent order, the Supreme Court reiterated the mandatory nature of directions issued in the case of Mrs. Priyanka Srivastava & Anr. v. State of Uttar Pradesh & Ors. (2015) 6 SCC 287, emphasizing the necessity of affidavits in applications under Section 156(3) of the CrPC. The division bench, comprising Justices Sanjiv Khanna […]

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09/03/2024, 2 years ago

Allahabad High Court Awards Compensation to Peon Denied Full Salary

Introduction: In a significant verdict, the Allahabad High Court has awarded a compensation of Rs. 1 Lakh, including the full salary, to a peon working in a school operated by District Basic Education Authorities. The petitioner sought her rightful salary, having been paid only Rs. 15 per month despite the approved salary being Rs. 165 […]

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09/03/2024, 2 years ago

Calcutta High Court Examines Constitutionality of Aadhaar Act Section Amid Card Deactivations

Introduction: A recent plea before the Calcutta High Court challenges the Constitutional validity of Section 28A of the Aadhaar Act in response to the sudden deactivation of Aadhaar cards for certain citizens. The division bench, comprising Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya, heard the plea, highlighting concerns over the unnotified deactivations and asserting […]

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09/03/2024, 2 years ago

Karnataka High Court Clears Razorpay in Money Laundering Case: Landmark Ruling on Negligence Allegations

Introduction: In a significant legal development, the Karnataka High Court has quashed money laundering charges against payment gateway company Razorpay. The company faced accusations of negligence in setting up merchant IDs linked to a co-accused involved in illegal money lending. Justice Hemant Chandangoudar, in a single-judge bench, allowed Razorpay’s petition, nullifying the proceedings initiated by […]

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09/03/2024, 2 years ago

Supreme Court Upholds Freedom of Speech: Landmark Ruling on WhatsApp Status Criticism

Introduction: In a landmark ruling, the Supreme Court of India, led by Justices Abhay S Oka and Ujjal Bhuyan, quashes a criminal case against a professor, Professor Javed Ahmed Hajam, for his WhatsApp status criticizing the abrogation of Article 370. The court’s critical observation emphasizes the need to educate law enforcement on the fundamental right […]

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08/03/2024, 2 years ago

Delhi High Court Clarifies Res Judicata in Arbitration Matters, Dismisses Section 9 Withdrawal as Unconditional

Introduction: The Delhi High Court, in the case of Tata Motors Limited vs. Delhi Transport Corporation, clarified that the withdrawal of a Section 9 application under the Arbitration and Conciliation Act, 1996, cannot be treated as res judicata for a subsequent Section 17 application when the withdrawal is conditional. The court dismissed the reliance on […]

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08/03/2024, 2 years ago

Mumbai Court Allows Withdrawal of Prosecution in Television Rating Points (TRP) Scam

Introduction: The Chief Metropolitan Magistrate Court in Mumbai has granted the application filed by the Special Public Prosecutor representing the Maharashtra Police to withdraw all prosecutions related to the Television Rating Points (TRP) Scam, including charges against Arnab Goswami, the editor-in-chief of Republic TV. This move, under Section 321 of the CrPC, enables the Public […]

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