A. Trade Marks Act, 1999—Sections 28(3), 34—Infringement between registered proprietors—Different classes—Prior user doctrine—Held, the bar under Section 28(3) applies only where both parties hold registrations in respect of the same goods or services—A defendant registered under Class 35 cannot claim immunity when dealing in gold jewellery falling under Class 14, in which the plaintiff holds registration—Prior user rights prevail over mere registration, and the plaintiff successfully established continuous commercial use and a superior claim to the composite mark—S. Syed Mohideen distinguished. (Paras 13, 16) B. Trade Marks Act, 1999—Sections 9, 32—Geographical expressions—Composite marks—Deceptive similarity—Held, a geographical expression like “Malab...

A. Constitution of India, 1950—Article 227—Supervisory jurisdiction—Limited scope of interference—The High Court's power under Article 227 is supervisory and not appellate—Interference with orders of the Administrative Tribunal is permissible only in cases of patent perversity, manifest error, grave dereliction of duty, abuse of law, or violation of natural justice, and not merely because another view is possible. (Paras 6–11) B. Administrative Tribunals Act, 1985—Interim stay of transfer/promotion orders—Non-impleadment of affected employees—Violation of natural justice—Beneficiaries directly affected by a challenge to transfer or promotion orders are necessary parties—Grant of interim relief without impleading such persons or following the prescribed procedure viol...

A. Hindu Marriage Act, 1955—S.29(2)—Customary Dissolution of Marriage—Family Pension—A marriage validly dissolved through a registered customary agreement in accordance with the long-standing practices of the Thiyya community of North Malabar, recognized under Section 6 of the Madras Marumakkattayam Act, 1932 and saved by Section 29(2) of the Hindu Marriage Act, stands effectively dissolved from the date of such agreement—A subsequent decree of divorce obtained only to satisfy departmental requirements does not alter the actual date of dissolution for determining entitlement to family pension. [Paras 17-19] B. Pleadings—Statutory Relief Not Expressly Invoked—Relief founded on a statutory right may be granted even in the absence of a specific reference to the enabling provision, provided the mat...

A. Employees' Compensation Act, 1923—Section 4A(2)—Interest on Compensation—Liability of Insurer—Exclusion of the insurer's liability to pay interest is not absolute but conditional—The insurer must establish non-compliance by the employer or claimant with the statutory requirements under the Act—In the absence of specific pleadings or evidence proving such default, the insurer remains liable to pay interest on the compensation awarded. [Paras 9, 13, 14] B. Employees' Compensation Act, 1923—Section 4A(2)—Exclusion Clause—An exclusion clause relieving the insurer from liability to pay interest must be construed strictly, while coverage provisions are to receive a liberal interpretation—The burden of proving the applicability of the exclusion rests on the insurer. [P...

A. Bharatiya Nyaya Sanhita, 2023—Section 108; Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989—Sections 3(1)(r), 3(2)(v) & 18—Anticipatory Bail—Where prima facie material disclosed repeated caste-based humiliation, intimidation, and acts amounting to abetment of suicide by a teacher against a Scheduled Caste student, the statutory bar under Section 18 of the SC/ST Act was held applicable, disentitling the accused from anticipatory bail. [Paras 15–23] B. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 3(1)(r)—Intentional Insult and Humiliation—Repeatedly addressing a Scheduled Caste student with derogatory expressions and ridiculing him before classmates constituted intentional insult and intimidation with intent to h...

A. Negotiable Instruments Act, 1881—Sections 138 and 139—Cheque Dishonour Proceedings—Simultaneous Civil and Criminal Remedies—Held: There is no legal bar to the simultaneous continuation of civil proceedings for recovery of money and criminal prosecution under Section 138 of the Negotiable Instruments Act arising out of the same transaction—The statutory presumption under Section 139 regarding the existence of a legally enforceable debt is rebuttable and the accused must establish a probable defence during trial—At the pre-trial stage, the High Court ought not to quash proceedings under Section 138 by undertaking an adjudication of disputed questions of fact or evaluating the probable defence of the accused. (Paras 11, 13–18). B. Negotiable Instruments Act, 1881—Section 138—Expedit...

Negotiable Instruments Act, 1881—Sections 118, 138 and 139—Dishonour of Cheque—Burden of Proof—Presumption under Sections 118 and 139—Held: Before claiming the statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act, the complainant must first establish the underlying transaction and the execution of the cheque through cogent and reliable evidence—Where the complainant's witness had no direct knowledge of the transaction, failed to satisfactorily prove the execution of the cheque, and the person having direct knowledge of the transaction was not examined, the foundational facts necessary to invoke the statutory presumptions remained unproved—In such circumstances, the complainant was not entitled to the benefit of the presumptions under Sections 118 and 139, and the...

A. Hindu Marriage Act, 1955—Proof of Marriage—Declaration of Marital Status—Burden of Proof—Held: A person seeking a declaration of status as the legally wedded spouse bears the burden of establishing the factum of marriage on the touchstone of preponderance of probabilities—Mere production of documents describing a person as husband or father is insufficient where the alleged marriage itself is specifically denied and the essential ceremonies and customary rites constituting a valid marriage are neither properly pleaded nor proved—In the absence of satisfactory proof of a valid marriage, the claim for declaration of marital status is liable to be rejected. (Paras 8–9) B. Code of Criminal Procedure, 1973—Section 125—Maintenance—Existence of Marital Relationship—Held: Ent...

A. Negotiable Instruments Act, 1881—Sections 87 and 138—Material Alteration of Cheque—Effect—Held: Alteration of the date on a cheque constitutes a material alteration within the meaning of Section 87 unless such alteration is authenticated by the drawer by affixing his full signature or is made with the consent of the parties to carry out their common intention—An unauthenticated alteration in the date renders the cheque void as against the drawer and such a void instrument cannot form the basis of prosecution under Section 138 of the Negotiable Instruments Act. (Paras 9–10). B. Negotiable Instruments Act, 1881—Sections 87 and 138—Dishonour of Cheque—Acquittal—Held: Where the cheque was dishonoured on the grounds of “alteration in date” and “requires full si...

A. Negotiable Instruments Act, 1881—Section 138—Statutory Demand Notice—Essential Requirement—Held: A demand notice issued under proviso (b) to Section 138 must specifically mention the exact amount covered by the dishonoured cheque and demand payment thereof—Mere reference to the cheque number, date or dishonour of the cheque, without specifying the actual amount payable, does not satisfy the mandatory statutory requirement—In the absence of a specific demand for the cheque amount, the notice is legally defective and no offence under Section 138 can be said to have been completed. (Paras 8–12). B. Negotiable Instruments Act, 1881—Section 138—Validity of Prosecution—Defective Statutory Notice—Held: The statutory notice under proviso (b) is an indispensable condition prec...