Topic
The Bombay HC held that the Competent Authority erred in rejecting the deemed conveyance application. It ruled acquiescence to separate society formation entitles the petitioner society to proportionate conveyance of 2139.14 sq.mts of layout land, including road FSI benefits, under GR 2018.
The CAT ruled that Delhi Police constables appointed on compassionate grounds may be transferred from the New Pension Scheme to the Old Pension Scheme when the recruitment process started before the OPS cut-off date, even if they joined after 1 January 2004. The tribunal held that laches and lack of prior notice do not defeat the entitlement. This benefits all compassionate-appointment employees seeking OPS benefits.
Bombay High Court rules that prior adoption and registration of a trademark in India override claims of trans-border reputation, even for globally recognized brands. The Court denied interim relief to both parties, permitting co-existence of identical marks due to acquiescence and failure to establish goodwill in India, setting a precedent for domestic trademark disputes involving foreign entities.
Bombay High Court rules that prior adoption and territorial use in India, along with acquiescence, override registered trademark rights at the interim stage. The judgment underscores that passing off actions require proof of goodwill, limiting challenges to trademark validity during interlocutory proceedings.
Punjab & Haryana High Court dismisses a revision petition challenging a Vakalatnama filed four years prior, ruling that delayed claims of forgery at the final trial stage constitute abuse of process. The court held that valid service of summons and prolonged silence without protest bar relief under principles of acquiescence and laches, reinforcing procedural finality in litigation.
The Delhi High Court ruled that continuous prior use of a trademark since 2009 overrides later registration, even if the registered owner has substantial goodwill. Acquiescence and a decade-long failure to act barred the water purifier company from obtaining an interim injunction against the cable manufacturer, reinforcing that trademark rights are earned through actual use, not just registration.