Cox & Kings arbitration
Case BriefsHigh Courts

“Only in rare and exceptional cases, where it is ex-facie evident the Arbitral Tribunal has passed an order patently illegal or perverse, or exercised power wholly without jurisdiction, interference from the writ court is warranted.”

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MCA elections stay
Case BriefsHigh Courts

“The Court is entitled to examine the decision-making process, particularly as to how about 400 new members were inducted in the MCA under different categories, in the face of allegations of illegality, arbitrariness, and nepotism.”

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Fresh Not Frozen deceptively similar
Case BriefsHigh Courts

“It is not what meaning is being assigned by the words chosen by the appellant, but the determining factor is whether it is deceptively similar.”

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tolerate abuse not cruelty
Case BriefsHigh Courts

“When these allegations are considered apposite Section 498A IPC, they do not constitute “cruelty” as defined in the explanation appended to the provision.”

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Thiruparankundram Hill
Case BriefsHigh Courts

“The number of participants in the festival shall be restricted to fifty only, and the official respondents shall strictly enforce the above directions.”

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PPL sound recording at 94 outlets
Case BriefsHigh Courts

“The defendants are operating about 94 establishments, and continuing infringement would result in loss and damage to the plaintiff tilting the balance of convenience in favour of the plaintiff.”

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Parasakthi
Case BriefsHigh Courts

“Though the balance of convenience is not in favour of the plaintiff, if the movie is released, the plaintiff would be in a position to claim damages.”

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Breach of trust and cheating
Case BriefsHigh Courts

“The petitioner submitted that the court below could not have taken cognizance of both offences simultaneously.”

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Withdrawn arbitral deposit to be returned after insolvency
Case BriefsHigh Courts

“Once the resolution plan had reduced the claim under the arbitral award to Re.1, the withdrawn amount could not continue to remain with the award-holder.”

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consumer insurer cheque negligence
Case BriefsHigh Courts

“The dishonour was not due to insufficiency of funds but due to technical problems in the aftermath of the floods.”

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daughter entitled to half share
Case BriefsHigh Courts

“Merely because Patta and Kist Receipts stand in the name of defendant, and because the plaintiff did not raise any objection for the same, the presumption of joint possession of a co-owner cannot be dislodged”

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Section 197 not corruption shield
Case BriefsHigh Courts

“Sanction under section 197 CrPC is only for the acts reasonably connected to official duty, not personal illegal acts even if done by the public servants.”

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revaluation of marks in Judicial Service Exam
Case BriefsHigh Courts

“The sanctity of the competitive examination is to be maintained, and a writ cannot be issued to satisfy every doubt of the aggrieved candidate.”

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permanency to HIV positive employee
Case BriefsHigh Courts

“Denial of benefit of permanency to the petitioner on the ground of his status as HIV+ is clearly arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India.”

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cooperative housing society Airbnb ban
Case BriefsHigh Courts

“The sole respondent in this proceeding is a cooperative housing society, which is a private entity, and hence the writ petition under Article 226 of the Constitution would not be maintainable.”

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MPCB circular on hazardous waste
Case BriefsHigh Courts

“The Maharashtra Pollution Control Board has no jurisdiction to curtail the business activities of the company by restricting the area of its operation.”

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Australia-style child internet law
Case BriefsHigh Courts

“Ultimately, it is the individual choice and right to access such obnoxious material or to avoid it and as far as children are concerned, the vulnerability is high, so the parents’ responsibility is higher.”

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not deceptively similar
Case BriefsHigh Courts

“Well settled principles for assessing the deceptive similarity lays emphasis on visual appearance as well as the phonetic similarity i.e. that the marks have to be judged by the eye as well as the ear.”

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Central Freedom Fighters pension guarantee
Case BriefsHigh Courts

“Welfare schemes are concessions extended to Freedom Fighters recognising their contributions during freedom struggle, and therefore welfare schemes and concessions ought to be implemented scrupulously by following the terms and conditions.”

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Palghar mob lynching
Case BriefsHigh Courts

“Liberty of a person accused of an offence would depend upon the exigencies of the case however it is possible that in a given situation, the collective interest of the community may outweigh the right of personal liberty of the individual concerned.”

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