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Kerala High Court Clarifies Procedure for Removing Co-opted Members from Co-operative Managing Committees
OVERVIEW OF THE CASE The Kerala High Court has clarified the statutory procedure governing removal of co-opted members from the managing committees of co-operative societies. The Court held that Removal of Co-opted Member from Co-operative Managing Committee Must Follow No-Confidence Motion under Rule 43-A; Registrar Can Rescind Illegal Resolutions under Rule 176 . Key Highlights: Co-opted members cannot be removed arbitrarily Removal must strictly follow Rule 43-A through
prime8legal
Dec 17, 20253 min read
Imitative School Names and Logos Invite Ex Parte Injunctions Under the Trademarks Act, 1999 and the Copyright Act, 1957: Delhi High Court
OVERVIEW OF THE CASE The Delhi High Court, in a significant intellectual property ruling, reaffirmed that deceptive similarity in school logos and names warrants ex parte injunction under Trademarks Act 1999 and Copyright Act 1957 , particularly where public confusion and brand dilution are evident. Key Takeaways: Educational institutions can enforce trademark and copyright rights Deceptive similarity in names and logos can mislead parents and students Courts may grant ex par
prime8legal
Dec 16, 20253 min read
SARFAESI Ownership Transfer Completes Only on Sale Certificate Issuance, Not Auction Notice, Even Amid IBC Section 96 Interim Moratorium — Bombay High Court Explained
Overview of the Case (Key Takeaways) The Bombay High Court has delivered a crucial ruling clarifying ownership rights under SARFAESI and the Insolvency and Bankruptcy Code (IBC). Below are the key highlights for easy understanding: Ownership under SARFAESI does not transfer merely upon issuance of an auction notice Sale Certificate issuance is mandatory for completion of ownership transfer IBC Section 96 triggers an interim moratorium once insolvency proceedings commence A
prime8legal
Dec 15, 20253 min read
Damodar Prabhu Guidelines on Costs for Compounding S 138 NI Act Cases Not Binding : Supreme Court Clarifies
Overview of the Case The Supreme Court has ruled that the Damodar S. Prabhu guidelines on costs for compounding cheque-bounce offences under Section 138 of the Negotiable Instruments Act (NI Act) are not a binding precedent . The court held that the earlier guidelines were issued under Article 142 of the Constitution to do “complete justice,” and thus should not be rigidly applied in all compounding cases. In the case before the court, the appellant (Rajeev Khandelwal) had
prime8legal
Nov 25, 20254 min read
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