Whether a defendant can rely on documents not filed along with the written statement in case of a commercial suit?

Facts: In the case ofTTK Prestige Ltd V. K K And Company Delhi Pvt Ltd & Ors’.[1]: the plaintiff is engaged in the business of kitchen home appliances like pressure cooker , gas stoves and so on under the brand name PRESTIGE since 1955. The registration of the mark with respect to class 11 (installation … Continue reading Whether a defendant can rely on documents not filed along with the written statement in case of a commercial suit?

Whether the Limitation Act, 1963, would apply to appeals under Section 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

“The Hon’ble High Court of New Delhi held that Section 5 of the Limitation Act would apply in respect of appeals which may be sought to be preferred under Section 18 of the SHW Act of 2013”. Facts: In the case at hand Respondent no. 1 accused Respondent no. 2 of harassing her. The matter … Continue reading Whether the Limitation Act, 1963, would apply to appeals under Section 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Whether a woman employee, working as a contractual employee, be provided with maternity benefits like a regular employee?

A woman employee cannot be denied maternity benefits merely because her status is that of a contractual employee. In the case of Rasitha C.H. versus State of Kerala & Ors[1].  Petitioner working as an Assistant Professor in Medical Microbiology on contract basis was denied the claim for maternity benefit. As per the university clause 11 … Continue reading Whether a woman employee, working as a contractual employee, be provided with maternity benefits like a regular employee?

AN ATTEMPT TO STEAL THE IDENTITY OF LIQUOR BRAND “OFFICER’S CHOICE”

Introduction The present suit is filed in the High Court of Delhi, wherein the plaintiff seeks permanent injunction; restraining infringement of trademark, copyright, passing off and so on among other reliefs. Plaintiff: The plaintiff is said to be in the business of, among other things, producing and marketing alcoholic beverages, including Indian Made Foreign Liquor … Continue reading AN ATTEMPT TO STEAL THE IDENTITY OF LIQUOR BRAND “OFFICER’S CHOICE”

ALL ABOUT LAW OF INJUNCTION UNDER ORDER 39 CPC

Order 39, Code of Civil Procedure What is an Injunction? An injunction is an equitable remedy where an individual is commanded by a court – having authority over that individual – to perform or cease to perform a specific action, provided, if the court were not to intervene would cause irreparable harm to the status … Continue reading ALL ABOUT LAW OF INJUNCTION UNDER ORDER 39 CPC

Harmonious Interpretation of the Statute of Trademark Law: RENAISSANCE V. SAI RENAISSANCE

Time and again, the provisions laid in the statute and their interpretations by the Courts have come into light in various decisions, which has made it clearer that textual and contextual interpretation goes hand in hand. One cannot be ignored for the other nor the absence of one can make up for the other.  Both … Continue reading Harmonious Interpretation of the Statute of Trademark Law: RENAISSANCE V. SAI RENAISSANCE