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“Mere use of a mark, even if continued over a period, is not by itself sufficient to establish enforceable rights under trade mark law. It must be shown that the mark, through its use in trade, has acquired a distinct association in the minds of the relevant consumer base with the claimant’s goods.”
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“From the harmonious reading of the provisions of PC & PNDT Act, which make the offences as cognizable and non-bailable along with the provisions of Criminal Procedure Code, 1973, it cannot be said that no FIR can be registered or that the registration of FIR is barred under PC & PNDT Act.”
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The plaintiff contended that the defendants were infringing the plaintiff’s rights in the ‘Andaz Apna Apna’ film by displaying/communicating to the public/hosting/utilizing content, creating merchandise, and online content related to the said film, which exclusively belonged to the plaintiff.
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“Quite often, it is seen that road rage leads to loss of human lives as well. The damage caused gets aggrandized when one of the aggressors is a lawyer while the other is a President of a political organization.”
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The accused has spent more than six years in custody, despite which, the matter is still at the stage of examination of prosecution witnesses and only 11 out of 100 witnesses are examined till now.
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“The provisions of CPC are only applicable to the extent of ‘enforcement’ of an award which are reflected in Order 21 of CPC. The legislature did not intend to permit a challenge an award during enforcement proceedings again on merits as it would be contrary to the objectives of the A&C Act which aims to ensure finality and limited judicial interference.”
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The wife was previously employed as a guest teacher. However, owing to the compelling responsibilities of single-handedly raising the child coupled with the burden of long commuting hours, she had to discontinue her employment.
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Special Public Prosecutor submitted that there are 194 intercepted calls, revealing incriminating conversation involving the petitioner in negotiations and distribution of illegal gains. Thus, a larger conspiracy is to be unearthed, for which the custodial interrogation is needed.
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In the present case, a social media influencer-Defendant 3, was the owner of Instagram handle “@hustlewithhritik”, and uploaded the reel titled “Never Use Dettol in your Skin” featuring the offending portion of the impugned podcast.
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“The phrase “does not disclose the cause of action” must be very narrowly construed. The rejection of plaint at the threshold entails very serious consequences. This power must be exercised only in exceptional circumstances and when the Court is sure that plaintiff does not have any arguable case at all.”
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Rather than exercising its jurisdiction, P.S. Adarsh Nagar proceeded to register a Zero FIR and transferred the matter to the police in Noida. Such action indicates a failure on part of the police authorities concerned to adhere to their statutory responsibility under Section 1541 of the CrPC.
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The Court stated that the school cannot deny the issuance of TC to the child, who has sought admission in other school. In the event of delay in issuance of TC, even a disciplinary action can be taken against the Headmaster or In-Charge of the school.
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“The State, being a constitutional authority and repository of public trust, is duty-bound to protect, rather than transgress, the civil rights of its citizens, including the right to property. The powers of the State are not plenary or absolute but are circumscribed by constitutional and statutory limitations.”
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“This Court has no hesitation in holding that the reasons given by the Railways Claim Tribunal in rejecting the claim are absolutely perverse. The plea that the injuries were suffered by the appellant/claimant due to his own criminal negligence is also not fathomable in law.”
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“Every case of suicide does not amount to abetment and therefore, the Court has to see whether the conduct of the accused was such that a normal person, not merely a hypersensitive one, would have been driven to suicide.”
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“If the complaint lodged by the prosecutrix is truthful, instead of extending premium to a rapist and a molester by pushing the helpless rape victim into his matrimony, it would be the duty of the State to ensure her a dignified life by providing her food, shelter and clothing.”
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In the present case seeking regular bail by the accused, the charge-sheet comprising about 10,000 pages was filed over 1 year ago citing 49 prosecution witnesses, but charges are yet to be framed. Therefore, the Court stated that it is obvious that trial will take a long time to conclude.
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The Court observed that accused prima facie seems to be involved in organized narcotic network and has been frequently in touch with the main supplier of the contraband and with the receiver of the contraband.
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Even after assuming, that such relationship existed between petitioner and his sister-in-law, or demeaning language in reference to the deceased, was exchanged via WhatsApp between them, these facts, stand alone, do not, prima facie, disclose the specific ingredients of cruelty or harassment related to dowry demand.
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“Prima facia, this Court finds merit in the petitioner’s argument that the publication of his name in the newspaper clipping, has resulted in a violation of human rights as the same has harmed his dignity and professional standing.”
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