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In light of the settlement agreement and receipt of ₹5 Crores, the Court vacated the he interim order of injunction and permitted the release the movie ‘Akhanda 2’.
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In the absence of any Government order, “the employees of Institutions like the Temperance Board and the Media Academy cannot claim that they are entitled to pension as a matter of right.”
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“TCS should consider itself lucky that Inspira was successful in selling TCS’s user-specific Servers… Otherwise, TCS would have been liable to pay the entire price.”
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“In a proceeding under Section 482 of the Criminal Procedure Code, this Court is not required to conduct a mini trial or get into nitty-gritties of the evidence.”
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The jurisdictional pre-condition for reference to arbitration is the concluded contract between the parties and their intention to refer the dispute to arbitration and in absence of the same, a foreign award would run contrary to the Public Policy of India.
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The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be used for summary property disputes.
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The Court held that Nescafe Premix is classifiable under Entry C-II-3 and not under the general Entry C-II-18(2) of the Bombay Sales Tax Act, 1959.
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“In interpreting items in statutes whose primary object is to raise revenue and for which purpose they classify diverse products, articles and substances, resort should be had not to the scientific and technical meaning of the terms or expressions used, but to their popular meaning.”
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CCI has jurisdiction to investigate allegations of abuse of dominant position in the broadcasting market, irrespective of TRAI’s regulatory framework.
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“No religion prescribes that prayers should be performed by disturbing the peace of others nor does it preach that they should be through voice amplifiers or beating of drums.”
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“Prolonged incarceration without trial amounts to infringement of right of an accused enshrined under Article 21 of the Constitution of India.”
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“Only the Southern Cult residents of Kancheepuram are entitled to Adhiapaka Mirasi. Northern Cult members may join only as ordinary worshippers.”
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The directions are to be complied in letter, spirit, and execution, as they are indispensable to regulating the inbound flow of pilgrims and paramount for safeguarding the life, health and safety of every devotee visiting Sannidhanam and the Sanctity of the Holy Temple.
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The Court opined that a party seeking interim injunction in a passing-off action must produce concrete evidence of use, goodwill, and business turnover.
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“The judicial officers shall be under the control of the Principal District & Sessions Judge of the district to which they have been allocated.”
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“Confirming the conviction under the Contempt of Courts Act, 1971 only to send across the right message… a clear message should be sent so that no one, howsoever high they may be, may think that they are above the law.”
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“The unoccupied portion of the hill has been in the possession of the temple from time immemorial and has been treated by the temple authorities as their property.”
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“When it is proved that the defendant is improperly using the trade mark of the plaintiff, an order of injunction would be issued.”
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“Vaikom Sree Mahadeva Temple is one of the oldest and most revered Shiva temples in Kerala. It is especially famous for its deep historical roots, unique worship traditions, and the Vaikom Satyagraha.”
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The Court rejected Honey-trap theory and held that the BrahMos engineer is not guilty of espionage, but liable only for negligence under Official Secrets Act
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