Today’s Legal Updates

Wednesday, 31st August 2022

Legal Awareness :- CONSTITUTION OF INDIA

Part – V THE UNION

CHAPTER- II  PARLIAMENT  (Officers of Parliament)

Article – 92 The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.

  1. At any sitting of the Council of States, while any resolution for the removal of the Vice-President from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the provisions of clause (2) of article 91 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Chairman, or, as the case may be, the Deputy Chairman, is absent.
  2. The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Council of States while any resolution for the removal of the Vice-President from his office is under consideration in the Council, but, notwithstanding anything in article 100, shall not be entitled to vote at all on such resolution or on any other matter during such proceedings.

Today’s Legal Updates :-

  1. On Wednesday the Delhi High Court has restrained a Ghaziabad based pizza outlet from using the name Dominick’s Pizza after multinational pizza giant Domino’s filed a suit for trademarkinfringement.  (Dominos IP Holder LLC & Anr v Ms Dominick Pizza & Anr)
    • the Court said, The dishonesty in the adoption is further strengthened by the fact that the defendants are copying various flavour variants of the plaintiffs, such as ‘Cheese Burst’ and ‘Pasta Italiano’. One of the reviews which has been given by a customer on Google, which has been placed on record, shows clearly that there is complete confusion being caused.
    • the Court ordered, Accordingly, the Defendant No. 1, its proprietors, partners, directors, officers, servants, agents, franchisers and all others acting for and on its behalf, are restrained from advertising, selling, offering for sale, marketing etc. any product, packaging, menu cards and advertising material, labels, stationery articles, website or any other documentation using, depicting, displaying in any manner whatsoever, the impugned marks ‘Dominick Pizza’, ‘Cheese Burst’ and ‘Pasta Italiano’ or any other marks or devices/logos which are identical or confusingly/deceptively similar to the Plaintiff’s registered trademarks, till the next date of hearing.
  2. On Wednesday the Gujarat High Court orally asked a party to refrain from consuming meat for one or two days, while hearing a petition challenging the closure of a slaughterhouse in Ahmedabad during a Jain festival.  (Kul Hind Jamait-Al Quresh Action Committe Gujarat v. AMC)
    • the single-judge orally said, Why are you running last moment? We will not entertain this…no. Every season, whenever there is a ban, you people are rushing to the court. You can restrain yourself one day or two day from eating.
    • the petitioner argued, There is just one slaughterhouse in entire Ahmedabad city. The closing or opening of slaughterhouses will have no effect on any person.
    • the Bench had exclaimed then, How can you stop people from eating what they want? Suddenly because somebody in power thinks that this is what they want to do?
  3. On Wednesday the Central Consumer Protection Authority (CCPA) informed the Delhi High Court that a twitter poll has revealed that over 88 percent of the consumers are against the practice while defending its guidelines stipulating that hotels or restaurants should not add service charge automatically or by default on food bills.
    • CCPA filed an affidavit before the High Court stating that soon after the guidelines were issued, the Department of Consumer Affairs ran a public poll on its official twitter page wherein 88.5 percent of the consumers voted against levy of service charge by default.

Legal Prudent Fraternity