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“It is a settled principle of law that when a statute or law prescribes a specific procedure for an action, that procedure must be followed strictly, rendering other methods invalid.”
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“The concept of moral obligation, howsoever compelling it may appear, cannot be enforced as a legal obligation in the absence of a statutory mandate.”
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The Bombay High Court held that as ‘Body Building’ had state recognition earlier and is nationally recognized, its exclusion violated Article 14 of the Constitution of India.
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“It cannot be lost sight of the fact that the kind of consumer who would purchase these infringing goods would not enter into a detailed enquiry as to whether these infringing products are genuinely those of the plaintiff or not. The plaintiff is most likely to suffer on financial account too.”
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“When there are provisions for imposing a heavy fine on a quasi-judicial officer, it is expected that they would decide the matter in a judicial manner”
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“Chapter V, NDPS Act, of which Sections 41 and 42 comprise an important part, sets-out the procedure mandated by the Legislature for entry, search, seizure and arrest in relation to offences under that statute.”
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“The informant and his brother were allegedly abused and assaulted by the accused persons, but the allegations were denied, and documents were tendered in evidence claiming that the witnesses were the informant’s relatives, and they made false statements against them because of a land dispute. Himachal Pradesh High Court declined to interfere with the trial court’s order of acquittal finding no perversity therein.”
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“Filing of an application for rejection of plaint by Defendant 2 after lapse of statutory period for filing written statement, will not entitle Defendant 2 for grant of any extension of time for filing written statement on that ground.”
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“The DNRs continue to promote alternative infringing domain names, several of which are clearly prima facie infringing the trade marks of the plaintiffs. In such a situation, not only shall the concerned DNRs lose the safe harbour protection, the said DNRs would be liable to be treated as infringers against whom reliefs would be liable to be claimed.”
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“The responsibility lies with the employer, and if the employer has failed in maintaining records or producing them, then the consequence cannot be shifted upon the employee.”
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“The law protects childhood, so that it may blossom into informed adulthood. This Court will not permit this protection to be diminished.”
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“Plaintiff is entitled to complain that any content which is set in obscene backdrop or shows her in inappropriate clothing and/or which falsely portrays her as endorsing brands, where there is no authorisation and/or which uses attributes and elements of her persona such as her images, voices, etc. is liable to be forthwith taken down from the public space.”
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The Delhi High Court examined multiple suits involving misuse of well-known trademarks through fraudulent domain names used for impersonation and consumer deception.
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“Where potentiality of the act is to disturb the even tempo of the life of the community, it would be prejudicial to the maintenance of public order”
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“The bottom line of the Shoe-Shine Licence Policy, 2018 is to generate employment opportunities for persons belonging to the lower strata of society, which may include members of the Scheduled Castes and Scheduled Tribes, not merely on the basis of their caste, but because they belonged to lower strata of society.”
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“The right to protest is protected, however, the right to insist upon a particular public junction for an indefinite recurring protest is not.”
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“Just as it is true that, academically excellent student may or may not earn well, it is also equally true that academically average or even below-average student may earn very well in practice or profession.”
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“Cancellation of GST registration or missed appellate deadlines should not permanently debar a taxpayer from the GST framework, especially where the taxpayer intends to comply by filing returns, paying taxes, interest, and penalties, and rectifying defaults. In such cases, denial of opportunity to an assessee undermines the inclusive and facilitative objective of the GST regime.”
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“Serving a copy of the complaint and other relevant documents is mandatory under Rule 7, POSH Rules, and the failure to do so constitutes violation of the principles of natural justice.”
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“Statutes creating new protections or disabilities operate prospectively unless expressly stated otherwise.”
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