Civil Procedure Code, 1908 (CPC)—Order 39 Rule 1—Trade Marks Act, 1999—Sections 29(5), Passing Off—Interim Injunction—Trade Name and Domain Name Infringement—Use of a registered trade mark as part of a trade name or domain name, deceptively similar to the plaintiff’s marks, constitutes infringement and passing off—Registration without disclaimer confers exclusive rights; defendants estopped from claiming dominant element (‘SMITH’) is generic—Domain names subsuming registered marks attract protection under passing off principles—Interim injunction is warranted where plaintiff demonstrates prima facie case, prior use, goodwill, likelihood of consumer confusion, balance of convenience in favour, and risk of irreparable harm—Third-party use does not absolve inf...

Motor Vehicles Act, 1988—Sections 166, 163A—Claim for Compensation; Negligence; Contributory Negligence; Assessment of Loss—Improper or wrongful parking of a stationary vehicle constitutes negligence and can give rise to liability under Section 166, even if the vehicle is hit from behind—Standard of proof in motor accident claims is preponderance of probabilities—Contributory negligence may reduce compensation; in this case, 10% attributed to deceased motorcyclist—Loss of dependency calculated using minimum wages, future prospects, personal expenses, and appropriate multiplier—Non-pecuniary damages include loss of consortium and funeral expenses—Tribunal’s conversion to Section 163A claim set aside; total compensation enhanced and directed for immediate disbursement with interest. ...

Criminal Procedure Code, 1973—Appeal Against Acquittal; Penal Code, 1860—Sections 498-A, 306—Dowry Harassment; Abetment of Suicide; Standard of Review—An appellate court will not disturb a reasoned acquittal absent illegality, perversity, or ignoring of material evidence—Evidence of cruelty under Section 498-A IPC must be credible, consistent, and supported by contemporaneous records; mere improvements or general allegations are insufficient—Abetment of suicide under Section 306 IPC requires overt acts with mens rea leaving no alternative—Statutory presumption under Section 113A, Evidence Act, arises only if foundational cruelty is established—Unexplained death without thorough investigation precludes conviction. ...

Civil Procedure Code, 1908—Order 7 Rule 11—Rejection of Plaint; Cause of Action; Family Settlement/MOU—Right to Residence—A plaint is liable for rejection under Order 7 Rule 11 only if it fails to disclose a cause of action, not on merits or relief—A clear cause of action exists where long possession, consideration paid, foundational Agreement to Sell, and family settlement (MOU) rights are established, with a triggering threat—Suits asserting occupancy under a family settlement are not “premature” years later, and rejection on unripe rights or belated amendments constitutes improper summary evaluation—Pleadings asserting substantive rights cannot be dismissed as “illusory” merely for drafting style. ...

Civil Procedure Code, 1908—Order 47 Rule 1—Review Jurisdiction; Family Law—Divorce—Desertion; Correction of Factual Inaccuracy. Review is maintainable only for error apparent on the face of the record, discovery of new and important matter, or analogous sufficient reasons, and not for re-hearing or re-evaluating merits. Errors must be patent, not debatable. In family law, findings of desertion depend on cumulative conduct and totality of circumstances; minor factual corrections that do not alter the overall conclusion do not warrant review. Courts may clarify or correct factual inaccuracies in the judgment (e.g., email-confirmed communications) without affecting the substantive determination. ...

Aircraft Act, 1934—NOC for Building Height near Aerodrome—Judicial Review—Scope and Deference to Technical Expertise—Court’s supervisory jurisdiction over Airports Authority of India (AAI) height-clearance decisions under the Aircraft Act, 1934 and Height Restriction for Safeguarding Aircraft Operations Rules, 2015 is limited to ensuring statutory compliance, absence of arbitrariness, and adherence to natural justice—Judicial reassessment of technical conclusions (e.g., azimuth angles, CNS parameters, radar applicability) is impermissible; private expert reports cannot displace statutory authority findings—Lapsed permissions under prior notifications do not confer vested rights; evolving safety norms under later notifications govern permissible heights—Brief final communications suffice if r...

Contempt of Court—Interim Orders—Advertisement Display inside Mall—Compliance with Conditions—Petitioner’s failure to comply with an interim order permitting advertisement display in malls, subject to joint inspection and bank guarantee, does not amount to contempt where core dispute regarding applicability of “outdoor advertisement” rules under Delhi Municipal Corporation Act, 1957 (DMC Act) and Outdoor Advertisement Policy remains pending adjudication—MCD shall not insist on registration as “Advertiser” for interim display, but joint inspection and bank guarantee deposit must be completed within stipulated time—The interim relief is case-specific and does not exempt Petitioners or other advertisers from statutory requirements—MCD retains full rights to regulate disp...

Contractor Suspension/Debarment—Judicial Review—Interim Orders—Requirement of Hearing and Reasoned Order—Temporary suspension of a contractor under Ministry of Road Transport and Highways (MoRTH) or NHAI Circulars is permissible only where prima facie public safety is endangered and is limited to a maximum period of one month pending investigation or inquiry—While Circulars do not explicitly mandate prior hearing or a reasoned order, courts may direct the authority to record prima facie satisfaction regarding public safety—Such judicial directions do not interfere with substantive debarment, which must be concluded within the stipulated period—Suspension has serious consequences akin to "civil death," and interim judicial oversight ensures fair play without unnecessarily hindering the au...

Criminal Procedure Code, 1973—Section 374(2); Penal Code, 1860—Sections 308, 325, 452—Appeal Against Conviction—Modification of Conviction and Sentence—Conviction under Section 308 IPC (attempt to commit culpable homicide) requires proof of intention or knowledge to cause death; grievous injuries alone are insufficient—Where the prosecution fails to establish such intention, the conviction under Section 308 is unsustainable and can be modified to Section 325 IPC (voluntarily causing grievous hurt)—Conviction for house trespass under Section 452 IPC may be upheld if evidence supports unauthorized entry—Injured witness testimony is important but cannot override contradictions with medical evidence or prior statements—Sentence may be adjusted to reflect time already undergone and mitigati...

National Investigation Agency Act, 2008—Section 21(1), 21(3), 21(4)—Appeal Against Order Framing Charge—Maintainability—Under Section 21(1) of the NIA Act, an appeal lies only from a judgment, sentence, or order which is not interlocutory—An Order framing Charge is an intermediate order, does not finally decide the proceeding, and therefore does not qualify as a “judgment, sentence or order” for purposes of appeal under the Act—The Act bars revision under Section 21(3), and the usual Cr.P.C. concept of revision of intermediate orders does not extend to appeals under the NIA Act—Consequently, an appeal against an order framing charge is not maintainable—However, the High Court may exercise inherent powers under Sections 397/482 Cr.P.C. to address errors or prevent abuse of process...