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“While it is correct that for purposes of invoking jurisdiction under Section 9 of the Guardians and Wards Act, 1890, it is not necessary for the child to be a permanent resident of the place and even a temporary residence shall suffice, such temporary residence should not be illegal or forceful.”
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“In the present case, despite the clear statement given by the survivor that the relationship between the appellant and herself was consensual in nature, he has been convicted under the POCSO Act only for the reason that on the date of incident she was less than 18 years of age.”
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“The driving force and character of a school is rooted not in profit maximisation but in public welfare, nation building and the holistic development of children. The primary objective of a school is to impart education and inculcate values, not to operate as a business enterprise.”
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“The fact that IndiaMART provides an option for a seller to choose the brand of its products specifically describing its goods cannot, prima facie, be held to be a ground to hold that it aids and abets the infringer in displaying the counterfeit products of a particular brand.”
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The Court noted that the complainant (‘victim’) and her mother, were currently exploring matrimonial prospects, and that the pendency of a criminal case might result as a serious impediment to her future opportunities and personal relationships.
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The plaintiffs submitted that the RITZ and RITZ-CARLTON marks are widely recognized and known among Indian consumers, especially in the hospitality and travel industry. The plaintiffs have promoted their respective trade marks heavily and have been recognized and given multiple awards and accolades.
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The Court highlighted that some of the petitioners have scored good percentile and further, some of them are even from the marginalised sections of the society. They will be deprived of participation in counselling and consequent admission to the course and institute of their choice for reasons beyond their control, as the result of class 12 is yet to be declared by NIOS.
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The Court observed that many accounts on YouTube channels and Meta’s social media platforms are using modern day technology to modify the voice, image, likeness etc. of Sadhguru to garner more views and subscribers to piggyback on his name and reputation.
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“Every false complaint of sexual offences not just causes immense damage to the person accused of the offence, but also creates cynicism and distrust across the society, which leads to even the genuine victims of sexual offences suffer, as society starts suspecting her truthful complaint also to be false.”
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“The fact that the customer may on a closer examination of products and enquiries find that the impugned trade marks are not associated with the appellant’s trade marks would not take away from the fact that the impugned marks bear a similarity with the appellants trade mark, which led to the confusion.”
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“As per the instructions in the advertisement, the respondent was duty bound to inform the petitioner about her being provisionally selected through an e-mail, which in the present case was received after the specified time period.”
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“When the dignity of any judicial officer is torn by way of use of filthy words proved beyond reasonable doubt, the law must act as the thread that would mend and restore it.”
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The petitioner submitted that since Resolution Plan under the Reserve Bank of India’s Prudential Framework for Resolution of Stressed Assets, 2019 have already been implemented, therefore, the Bank of India ought not to have proceeded against the petitioner.
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The present petition is filed by petitioner, who provides services for packing of two-wheelers, parcels, and passenger luggage with optional door pickup and delivery at Visakhapatnam Railway Station, seeking extension of his license period for seven months.
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“Section 330(3) of CrPC mandates the Court to carefully consider the nature of the act committed, assess the degree of the mental condition, seek medical opinion, and then, only upon being satisfied, release the accused with adequate safeguards or refer him to a designated facility equipped to provide necessary care and rehabilitation.”
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“When individuals, driven by financial inducement or otherwise, seek to breach this trust by serving as conduits to foreign agencies, amounts to an act not only of grave criminality but of betrayal to the nation.”
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“While Section 21(4) of MCOCA imposes stringent statutory conditions for the grant of bail under Section 439 of CrPC, these provisions cannot be construed in a manner that forecloses judicial scrutiny under Article 21 of the Constitution.”
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The Court stated that the charge under Section 377 of IPC could not have been framed against the husband. A ‘consensual’ oral or anal intercourse between any two adults, in private, is not a criminal offence punishable under Section 377 of IPC.
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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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