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“The recognition accorded to the SOCIAL mark by industry associations in India and consistent enforcement of the plaintiff’s rights in the mark before the Courts in India reinforces the mark’s distinctiveness and reputation.”
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“Where judgment debtors have substantially complied with a permanent injunction and no prior notice of breach was issued, execution proceedings cannot be used to seek additional compensation.”
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“It is the evidence which constitutes the bedrock for any award of compensatory or punitive damages.”
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“The claimed invention would be obvious to the person skilled in the art, and therefore, the defendant has been able to raise a credible challenge to the validity of the suit patent under Section 64(1)(f) of the Act.”
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“Formation of opinion under Rule 3 of Securities and Exchange Board of India Adjudication Rules need not be expressly recorded at pre-notice stage.”
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Once arbitral award attains finality up to the Supreme Court, separate civil suit challenging underlying transaction on grounds of fraud is barred by Section 5 of the Arbitration Act and principles of finality.
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Where prosecutrix unequivocally resiles from allegations in a voluntary statement under Section 164 CrPC, no grave suspicion survives to warrant framing of charges under Sections 328 and 376 of the IPC.
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“An HIV positive employee would unquestionably be suffering long term physical impairment, which would hinder his full and effective participation in society.”
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“The claim for maintenance must be assessed with reference to her present earning capacity and ability to sustain herself in the standard of living she was accustomed to during her marriage, and not on the financial status of her natal family.”
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‘The classification between the Indian and foreign employee is based on the economic duress which is caused to the Indian employees, if they are mandated to contribute to the fund/scheme irrespective of quantum of salary they draw, which is absent in case of the foreign employees for the reason that they come to India for employment for shorter period of 2 to 5 years.”
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“To cancel the candidature of otherwise eligible candidates, on sole grounds of issuance date, deprives the petitioners of their fundamental rights under Articles 14 and 16 of the Constitution of India and actually runs contrary to the object sought to be achieved by providing reservations in public employment”
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“Execution of a full and final settlement may not preclude a party from taking recourse to arbitration if a dispute arises from the settlement itself”
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Dubai Court had directed Simplex Infrastructure to pay AED 9.59 millions to a prominent Dubai based MEP contractor in unpaid dues for MEP work executed nearly a decade ago.
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“If any of the personnel not fully fit, he will either not be able to protect himself or his colleagues in a battle or he will run the risk of killing innocent people especially if his eyesight is weak and he cannot distinguish between uniforms, etc.”
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“The plaintiffs are the prior adopters and long-standing users of the subject mark ‘HIMALAYA’ since 1930 in connection with ayurvedic, wellness, pharmaceutical and personal care products.”
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The accused had been apprehended with pouches of MDMA, charas and ganja. The MDMA was later found to be methamphetamine by the forensic lab report.
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“There is no lien on the certificate of the students since the certificate of the student is his/her property.”
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“Copyright protection is granted to an artistic work under the Act, only if the said work meets the threshold of originality.”
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“Ajay Devgan’s status as a sought-after brand ambassador, and a personality with millions of followers across social media platforms demonstrates the strong public association uniquely tied to his identity and his reputation among the Indian populace not limited to his fans.”
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The lawyer had taped his mouth symbolizing that he had been stopped during his arguments in previous hearings of the matter.
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