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15 Nov

In case of death or injury to the loaded or unloaded workers of the goods carriage is also entitled for the benefits in the policy : The High court of kerala

Title- United India insurance company limited vs Abdul Razaque o.v. & others

Decided on -13/11/2023

+MFA (ECC) No.- 76/2020

CORAM- THE HONOUR JUSTICE MR. C PRATHEEP KUMAR

INTRODUCTION

As the appeal is been filed under section 30 of the employees compensation Act 1923,filed by the second respondent in E.C.C 116/2017 on the file of the industrial tribunal and employe compensation commissioner, against the order dated on 14/02/2020 Where the court reject the appeal stating that the impugned order passed by the industrial tribunal and employe compensation commissioner is not illigal or irregular

FACT

As the first respondent who was the appellant before the industrial tribunal and employe compensation commissioner, was a loading and unloading worker in the tripper lorry owns by the second respondent. On 8/10/2015 he was employed and was loading and unloading worker and while he was loading coconut tree into tripper lorry it fells down in the body of the first respondent and sustained injury where he approached to industrial tribunal and employe compensation commissioner for claiming compensation by filing application under section 22 of the employees compensation Act 1923 but the appellant admitted the policy but disputed the liability on the ground that policy does not cover the risk of loading and unloading worker in the tripper lorry. Where the employee compensation commissioner awarded a compensation along with the intrest for which appellant preferred this appeal raising the question of law whether the loading and unloading worker of the owner of the trigger lorry comes under the coverage of the classes of employees covered under clause ( c) of the first proviso to section 147 (1) of the M.V. Act 1988.

THE COURT ANALYSIS AND DECISION

As per the Hon’ble court after hearing both the side where the learned council for the appellant prayed for setting aside the impugned order passed by the employees compensation commissioner by allowing this appeal where as the learned council for respondent 1 prayed for the dismissing of the appeal as in the instant case the vehicle was stationary and the Deseaed was loading timber into the tripper lorry when he sustained injuries. As per the present case being a tripper lorry is intended to carry goods. Only if the goods are loaded into the goods carriage it can be transported from one place to another and when it reach it was unloaded As loading and unloading is a part and parcel of the purpose for which the goods carriage s intend to. As per the above loading and unloading of the goods in a goods carriage is inseparably connected with the usage of the goods carriage.as per the Employees Compensation Act is a welfare legislation intended to provide for the payment by certain classes of employers to their employees of compensation for injury by accident. Therefore, the first respondent who was working as loading and unloading employee of the second respondent at the time of the accident squarely comes within the purview of clause (c) of the first proviso to Section 147(1) of the MV Act. and the court do not find any illegality or irregularity in the impugned order passed by the Industrial Tribunal and Employees Compensation Commissioner and the appeal is liable to be dismissed.

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Written by – Prachee Novo Mukherjee

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15 Nov

Telangana High Court on writ of mandamus directing the respondents to grant the reliefs benefit including grant of promotion to the rank of Subedar Major.

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Telangana High Court on writ of mandamus directing the respondents to grant the reliefs benefit including grant of promotion to the rank of Subedar Major.

Title : Subedar Radha Krishna Tiwary v. Union of India

Case No. W.P.No.21746 of 2023

Date : 30.10.2023

CORAM : Hon’ble Justice P . Madhavi Devi

Introduction

In this writ petition, the petitioner is seeking a writ of certiorari to call for the entire record concerning the Summary disposal of the charge stated to be conducted in the case of the petitioner on 26.05.2022 and to issue a writ of mandamus directing the respondents to grant the reliefs benefit including grant of promotion to the rank of Subedar Major from 01.07.2022.

Fact of the Case

Brief facts leading to the filing of the present writ petition are that the petitioner was working as a Senior Junior Commissioned Officer i.e., Junior Commissioned Officer in the Unit of 16 Bihar (‘A’-Company), Mehdipatnam Garrison, Hyderabad, which is the Unit of Indian Army functioning under the Ministry of Defence, Union of India. It is submitted that the petitioner was enrolled in the Indian Army in the year 1995 and in November 2021, petitioner’s name was cleared for promotion to the rank of Subedar Major after undergoing the relevant and prescribed tests for the same in the DPC proceedings.

It is submitted that an unknown person has allegedly given a complaint against the Commanding Officer in the name of the petitioner and on the basis of the same, the Commanding Officer has enquired the petitioner as to why he had complained about him to the higher authorities.

Judgement and Case Analysis

Court finds that the first and foremost issue that has to be decided is whether this writ petition is maintainable against the orders of the respondents. Though there is an Armed Forces Tribunal formed to look into the service matters of the army personnel, the petitioner being a Junior Commissioned Officer and the writ petition is filed against the punishment awarded to him, this Court is of the opinion that this writ petition is maintainable before this Court.

As regards the alternative remedy being available to the petitioner, this Court finds that the petitioner has approached this Court because according to him, the Summary proceedings have not been conducted properly or as per the provisions of the Army Rules and therefore, there is a violation of the statutory provisions and also the principles of natural justice.

Written by Nimisha Sunny

15 Nov

Live-in relationship without obtaining decree of Divorce from the previous marriage attracts Bigamy : The High court of Punjab and Haryana

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Live-in relationship without obtaining decree of Divorce from the previous marriage attracts Bigamy : The High court of Punjab and Haryana

Title – Reena Devi and Anr. vs State of Punjab and others

Decided on- 06/11/2023

+CRWP-10805/2023

CORAM-HONORABLE MR. KULDEEP TIWARI

INTRODUCTION

As the petitioner filed a petition under Article 226 of the constitution for the mandamus being made upon the respondents no. 1 to 3 to protect their lives and liberty and a direction made upon the respondents no. 1 to 3 not to falsely implicate the petitioners in any false criminal case.where the petition was rejected by the Hon’ble court stating that no material has been disclosed by the petitioner such blad and vague allegations cannot be readily and naively accepted by the court.

FACT

As per the facts the petitioner 1 and petitioner 2 have attained their majority and they have been living in live-in relationship since September. Where there relationship has been accepted by the petitioner 2 family but have caused Grievance to the family of petitioner 1 where the family of petitioner 1 threatened to kill to kill the petitioners which have made them apprehensive of danger to their lives and liberty and in result approach the honorable court.Moreover though the factum qua institution of a divorce case interse petitioner no. 2 and his wife under the learned family court patiala which was undisclosed by the petitioner in the petition whereby the petitioner 1 was unmarried.

THE COURT ANALYSIS AND DECISION

As looking into the petition there are neither any supportive material has been placed on record by the petitioner tp corroborate their allocations nor any single instance pertaining to the manner and mode of alleged threats being extended petitioner has anywhere disclosed as on the fact of the above it appears that in order to avoid any criminal prosecution in case of adultery, the present petition has been instituted and the hidden intent of the petitioners is just to obliquely obtain the seal of the court on their conduct hence the court find no concrete ground to grant the asked relief (s) which are consequently negated therefore instant petition is hereby dismissed.

Written by – Prachee Novo Mukherjee

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15 Nov

The Supreme Court decision on the appellant finding guilty for the commission of offences punishable under Sections 148, 302 read with Section 149.

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The Supreme Court decision on the appellant finding guilty for the commission of offences punishable under Sections 148, 302 read with Section 149.

Title : BALARAM v. STATE OF MADHYA PRADESH

Case no. : C .A No. 2300/2009

CORAM : Hon’ble Justice Chandrachud

Date : 8 Nov 2023

Introduction

This appeal challenges the judgment and order passed by the Division Bench of the High Court of Madhya Pradesh at Jabalpur, Bench Gwalior in Criminal Appeal No.276 of 1995 thereby dismissing the appeal filed by the present appellant as well as Rameshwar (since deceased) and confirming the judgment and order passed by the learned Special Judge and Second Additional Sessions Judge, Bhind passed in Sessions Trial No.70 of 1984.

Fact of the Case

The prosecution case that Rameshwar (since deceased), appellant-Balaram, Uma Charan and Munna had come there after ten minutes of stopping of the cart, accused-Rameshwar fired the first shot and it hit Ashok in his chest. Thereafter, another shot was fired by accused Uma Charan, which hit Ashok as a result of firing, Ashok had become unconscious and was brought to Mau on cart. Pannalal reported the in the arms and thereafter, the third shot was fired which hit Ramkali (PW.5) in her right thigh. incident to the police based on which an FIR came to be lodged initially for an offence punishable under Section 307 of the Indian Penal Code (for short ‘IPC’). Following the death of Ashok, the case was converted to one under Section 302 of the IPC.

Judgment and Analysis

Shri Chandrachud submits that, on the basis of evidence, the learned Trial Judge has acquitted four accused persons. He further submits that, though the evidence of PW.5-Ramkali and PW.6-Mulchand has specifically attributed a gunshot to Uma Charan, their evidence has been disbelieved insofar as Uma Charan is concerned. However, on the basis of the very same evidence, the appellant-Balaram has been convicted. It is submitted that, from the testimony of the other witnesses it would be clear that the appellant-Balaram was not even present at the spot and he has been falsely implicated.

The order of conviction and sentence as recorded by the learned Special Judge and Second Additional Sessions Judge, Bhind and the order of the High Court are quashed and set aside. The appellant is acquitted of the charges charged with. He is directed to be set at liberty forthwith, if his detention is not required in any other case.

Written by Nimisha Sunny

15 Nov

Using The Colour Combination Of A Well Known Brand With A Mollified Intent Will Amount To Trade Mark: High Court of Madras

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Title: ITC Limited Virginia House v Britannia Industries Ltd.

Citation: O.S.A.(CAD).Nos.134 to 138 of 2023

Coram: The Hon’ble Mr.Sanjay V.Gangapurwala, Chief Justice And The Hon’ble Mr.Justice D.Bharatha Chakravarthy

Decided On: 08.11.2023

Introduction:

In the above applications, the respondent herein has prayed for interim injunction restraining the appellant herein from (i) indulging in unfair competition; (ii) infringement of their registered trademarks, (iii) passing off their goods as that of the plaintiff; (iv) infringement of copyright in the original artistic work in the wrapper; and (v) from diluting the goodwill and reputation of the plaintiff’s trade dress and colour scheme. In this judgment the parties are referred to as per their array in the suit.

Facts:

The plaintiff, Britannia Industries Limited, filed the above suit pleading that it was established in the year 1892, from which date, it has been manufacturing biscuits in India. It’s name itself has gained high reputation and goodwill and it has several products in the market which are very well known among the consuming public. While so, it has also adopted the mark ‘GOOD DAY‘ in the year 1986 and by virtue of continuous extensive use, advertisement and maintenance of high quality, GOOD DAY biscuits is a well known trademark throughout the country. Under the said umbrella mark, they are making and selling Butter Cookies, Cashew Cookies, Nut Cookies, Pista Badam Cookies, Choco Chunkies etc.

As far as the Butter Cookies are concerned, the petitioner uses the trade dress / wrapper in blue colour with the brand name ‘GOOD DAY‘ and the other devices contained therein. The plaintiff’s mark has been registered in different combinations vide Application Nos.4182344, 5186937, 5186938, 5186939, 5186940 in respect of Clause – 30. The plaintiff’s mark, along with colour scheme, getup and style, has been recognised as well known mark by the Intellectual Appellate Board and also by the Delhi High Court in the connected litigations.

The defendant is selling their similar products under their brand name ‘SUNFEAST‘ by adopting the trademark Mom’s Magic. Whileso, with a dishonest intention to cash in on the goodwill and reputation of the plaintiff and to pass off its products as that of the plaintiff, suddenly, in the month of March, 2023, started selling their products also in an identical blue colour trade dress / wrapper. If the products are placed side by side, it would be difficult to differentiate even with a careful observation. It is the case of the defendant that it is one of the India’s leading private sector Companies having formidable presence in diversified fields. Its branded packaged food business is one of the fastest growing food businesses in India and it has several leading brands including that of ‘SUNFEAST ‘.

It has adopted the visual elements and packaging in tune with its consumer preferences over a period of time and such modifications were made lastly in the year 2020. The defendant, with the same visual elements, has been selling the product in red based wrapper from the year 2020. Without altering the lay out or getup and packaging and not modifying the trade dress in any manner whatsoever, the defendant merely and simply changed the packaging colour of Sunfeast Mom’s Magic Butter Cookies to blue in line with the packaging colours of its Butter Cookies.

Judge’s Analysis and Judgment:

The learned Single Judge considered the case of the parties and found that the plaintiff has been using the trade dress with elements and colour combination since 1997 for its Butter Cookies and has built a considerable consumer base. Though the arguments relating to monopoly over a colour are raised by the defendant at the first blush appears to be correct, since the product has been sold in the said colour combination for over two decades, the same has to become associated with that of the plaintiff’s product and therefore, the plaintiff is entitled to protect its trademark. The defendant started selling Butter Cookies in the year 2014, but it has been selling only in red wrapper.

There is no explanation as to why they suddenly adopted the blue colour and the adoption appears to be dishonest with an intention to infringe trade mark of the plaintiff and pass off their goods. The defendant even now continues to pack its product in red wrapper in North India, but, the blue colour has now been introduced only in South India. The argument that the blue colour is common for the trade is not proved by them and the plaintiff has demonstrated that the other popular brands are selling in different shades.

The judge decided that the previous judgement on stopping the Mom’s Magic from packaging blue was right, and in the present appeal the appellant was directed to follow the same, But they were allowed to sell the existing stock of their products packed.

Written by- Sushant Kumar Sharma

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