Using residential premises as lawyer’s office not misuse
Case BriefsHigh Courts

“A commercial activity involves investment of capital, profit and loss and co-operation of labor; on the other hand, the professional service of rendering advice in law is dependent upon one’s own academic qualification and individual skill. These peculiar and distinctive features of the legal profession do not permit its inclusion in commercial or semi-commercial activity, establishment, or institution.”

civil suits cannot run for decades
Case BriefsHigh Courts

“It shows blatant and deliberate design on the part of petitioner to continue to protract the trial court proceedings, which is with the obvious aim to frustrate the respondent into giving up the lis.”

Call Records production in NDPS case
Case BriefsHigh Courts

“If such data is not preserved, there is likelihood that the same may get lost and may not be available to the petitioner in support of his defense.”

Medical representative not workman
Case BriefsHigh Courts

“The petitioner was not a person doing clerical or menial jobs but was a qualified graduate who had received specialized training in his field of work.”

Personality rights
Law made Easy

This article explains the concept of personality rights and how a surge in celebrity lawsuits is reshaping the law on identity, privacy, and digital misuse in India.

ALCHEM
Case BriefsHigh Courts

“The use of trade name ‘ALCHEM’ on the defendant’s packaging material in addition to the generic names is likely to cause confusion in the mind of customers of average intelligence.”

man filed petition in NGO's name unauthorized
Case BriefsHigh Courts

“Clearly when an unauthorized person files a petition of this nature for taking action against unauthorized construction, the said conduct is not only deceitful, but also misuse and abuse of the process of law.”

reservation for transgender persons in public employment
Case BriefsHigh Courts

“The Parliament, though has enacted the Transgender Persons (Protection of Rights) Act, 2019 and has also framed Rules thereunder, however, it appears that the welfare measures, which may be made pursuant to the statutory obligations cast on the Governments under the said Act, have also not been made.”

authorities not following Prison Rules
Case BriefsHigh Courts

“The State agencies, only show their defiance to the very objective of introducing provisions of Furlough/Parole and have no respect or care for the prisoners and their mental and physical health.”

eviction proceeding by landlord
Case BriefsHigh Courts

“With respect to the bona fide requirement of the landlord, the landlord was only to make out a legitimate case setting out the plausible reason which are not fanciful and unreasonable to establish a bona fide requirement of the subject premises.”

Prosecuting directors
Case BriefsHigh Courts

“Section 278B of the Income Tax Act, 1961 creates a deeming fiction whereby both the Company and every person in charge are deemed guilty of the offence. The legislative intent is clear that the Company must first be arraigned, only then can its officers be fastened with vicarious liability.”

WIPRO well-known trade mark
Case BriefsHigh Courts

“WIPRO has been expanding into various sectors since the 1980s and has obtained various registrations for the ‘WIPRO’ mark in various classes with the earliest registration in the year 1991.”

landlord not required to disclose exact use
Case BriefsHigh Courts

“The Delhi Rent Control Act, 1958 is silent about any requirement of the landlord giving the details/ divulging anything qua the nature/ purpose/ disclosure of the proposed new business by the landlord.”

relinquishing property rights is not gift
Case BriefsHigh Courts

“The sisters executed the Relinquishment Deeds (‘RD’) to release their share in favour of their brother, and there was no economic consideration exchanged at the time of the execution. All the RDs were basically acknowledging the bequest made by the father in favour of his son.”

bail to Ajaz Khan over remarks on Harsh Beniwal's family
Case BriefsHigh Courts

The audience may be influenced by the material posted by social medial influencers and thus even if the content is deleted after being posted, it would reach a large set of audience, leading to republishing of the same and sparking a debate, which eventually affects the victim.

Delhi High Court's Amended Bail Application Rules
Legislation UpdatesRules & Regulations

Delhi Government has notified revised bail application rules requiring disclosure of prior criminal case involvement.

YouTuber restrained
Case BriefsHigh Courts

“The test reports and regulatory clearances from FSSAI and BIS prima facie establish compliance with standards for safety and quality of the Indospirit Beverages’ Product ‘BROCODE’.”

pre-arrest bail in digital fraud case
Case BriefsHigh Courts

“There were serious allegations of digital frauds where complex technological mechanisms were employed to defraud gullible victims.”

mechanical approach in process patent registration order
Case BriefsHigh Courts

An invention must show an inventive step over prior art. However, the Patents Act, 1970 lacks clear guidelines to assess this, leading Examiners to decide applications and oppositions in a rule of thumb manner, purely based on their subjective opinions. This is, clearly, a thoroughly legally unsatisfactory position.

Ravi Shankar Personality Rights
Case BriefsHigh Courts

“Defendant 1 is circulating fabricated videos of Ravi Shankar on Facebook and on other independent websites, utilizing advanced AI technologies, including ‘deepfake’ tools, to digitally impersonate the plaintiff’s voice, facial expressions, persona and likeness, thereby creating a false impression amongst the world at large that Ravi Shankar is personally speaking, endorsing or promoting the content therein.”