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‘Merit-cum-Seniority’ is Not Comparative Merit: Supreme Court

The Supreme Court (SC) upheld the recommendations made by the Gujarat High Court (GHC), to give 65% promotion quota to Senior Civil District Judges on the basis of merit-cum-seniority principle. The SC found no fault in the promotion process adopted by the GHC as they satisfied the twin requirements stipulated in the All India Judges … Continue reading ‘Merit-cum-Seniority’ is Not Comparative Merit: Supreme Court

Mere Presence of Friends/Relatives in Second Marriage doesn’t Prove Common Intention for Offence of Bigamy: Supreme Court

The Supreme Court (SC) in an appeal held that the only person who may be charged with bigamy, a crime punishable under Section 494 of the Indian Penal Code, 1882, is the person engaging in the second marriage. The SC further, observed that the appellants must demonstrate not only that they have attended a bigamous … Continue reading Mere Presence of Friends/Relatives in Second Marriage doesn’t Prove Common Intention for Offence of Bigamy: Supreme Court

EC designates Booking.com as gatekeeper under DMA

The European Commission (EC) upon receiving a self-assessment notification from Booking.com regarding their potential status as gatekeeper of online intermediation services has held Booking.com as an important gateway between business and consumers. Thus, EC designated Booking.com as a gatekeeper.

Advocates cannot be held liable for deficiency in service under Consumer Protection Act: SC

The Supreme Court (SC), in an appeal filed against the order passed by the National Consumer Disputes Resolution Commission (NCDRC) holding deficiency in services by the Advocates, has held that the legal profession is sui generis in nature, requiring advance education and training, thus a professional cannot be treated equally or at par with a … Continue reading Advocates cannot be held liable for deficiency in service under Consumer Protection Act: SC

Court does not sit in appeal over Arbitration Tribunal’s interpretation of contract while dealing with an application u/S.34, Arbitration Act: SC

The Supreme Court (SC) in an appeal while dealing with issue of nature of adjudication by the Court in an application for setting aside of Arbitral Tribunals’ award under S.34 of the Arbitration & Conciliation Act, 1996 (Arbitration Act), has held that Court does not sit in appeal over the arbitral award findings in an … Continue reading Court does not sit in appeal over Arbitration Tribunal’s interpretation of contract while dealing with an application u/S.34, Arbitration Act: SC

No parole can be granted for maintaining conjugal relationships with live-in partner: DHC

The Delhi High Court (DHC) in an application under S.482 Cr.P.C. seeking grant of parole for consummation of his marriage with his live-in partner has held that, neither the law in India or the Delhi Prison Rules, 2018 “permit grant of parole on the ground of maintaining conjugal relationships, that too with live-in partners.” The … Continue reading No parole can be granted for maintaining conjugal relationships with live-in partner: DHC

Three months’ time period prescribed for conducting preliminary assessment under JJ Act is not mandatory: SC

The Supreme Court (SC), while dealing with the issue of whether the time period prescribed for conducting preliminary assessment of child-in-conflict with law (CCL) under Section 14(3) of Juvenile Justice (Care & Protection) Act, 2015 (JJ Act) is mandatory & failing which the CCL has to be tried as a juvenile by the Juvenile Justice … Continue reading Three months’ time period prescribed for conducting preliminary assessment under JJ Act is not mandatory: SC

DHC directs Swiggy & Zomato to delist restaurants infringing Domino’s trademark

The Delhi High Court (DHC), in an application filed by Dominos IP Holder LLC (Domino’s) seeking permanent injunction against 13 restaurants from infringing Domino’s registered trademark, has held that the impugned marks of these restaurants have identical/deceptively similar tradenames, marks, & names. Thus, these restaurants are getting an unfair advantage in the name & goodwill … Continue reading DHC directs Swiggy & Zomato to delist restaurants infringing Domino’s trademark

SC grants interim protection to teachers in School Jobs for Cash Scam case

The Supreme Court (SC) has issued an ad interim protection to teachers employed in the Government primary & secondary schools in West Bengal from getting terminated from service in accordance with the Calcutta High Court judgment in School Jobs for Cash Scam case. The SC further made a clarification that the application of ad interim … Continue reading SC grants interim protection to teachers in School Jobs for Cash Scam case