violation under MMC Act
Case BriefsHigh Courts

“The impugned notice did not specify as to which of the provisions of the MMC Act was contravened for empowering the Commissioner to initiate proceedings.”

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Confession to police legally non-existent -existent
Case BriefsHigh Courts

“Where a confessional statement is otherwise excluded or is inadmissible by virtue of Sections 25 or 26 of the Evidence Act, there can be no question of such confessional statements being made admissible against another co-accused with the help of Section 30 of the Evidence Act.”

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Collector's independent valuation duty
Case BriefsHigh Courts

“If a property is sold in a Court auction, after following a rigorous process aimed at discovery of the optimum price, such price, in effect, represents the price of the property at which a willing buyer was prepared to purchase the subject property.”

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cancellation of registered trade mark
Case BriefsHigh Courts

“If this certificate has to be cancelled for any reason, the appellant ought to have been put on notice and an opportunity must have been given to the appellant, failing which, such cancellation will be construed as a nullity in the eye of law.”

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custody to father
Case BriefsHigh Courts

“Where a child is repeatedly exposed to fear or hostility towards one parent, such an environment can adversely affect the child’s welfare.”

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virginity test of wife
Case BriefsHigh Courts

“So far as the medical examination to ascertain whether the wife has ever entered into a sexual relationship or not, is concerned, it is nothing but seeking a virginity test of the wife, in other words.”

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Netflix series Bads of Bollywood
Case BriefsHigh Courts

“An unqualified application of Section 19… would defeat the object of the provision, and open the door to forum shopping, libel tourism, and luxury litigation.”

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police encounter routine firing at accused's leg
Case BriefsHigh Courts

“Although this Court recognizes that police personnel also have the right of private defense and may use force in appropriate circumstances, it is well settled that where death occurs or grievous injuries are caused to the accused, the procedure mandated by the Supreme Court must be strictly followed.”

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victim allegedly eloped willingly
Case BriefsHigh Courts

In the case at hand, it is evident from the Medical Ossification Report that the victim’s age is between 16-18 years.

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Happi Planet trademark
Case BriefsHigh Courts

The dispute arose from the plaintiff’s allegation that Defendants 1 to 7 were engaged in the large-scale sale of counterfeit and sub-standard home care products bearing the trademark “Happi Planet” and copying the plaintiff’s distinctive packaging and trade dress.

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= One-Year Bar under S. 14
Case BriefsHigh Courts

“Insisting upon continuation of a marriage which exists only in law, and not in substance, would amount to compelling the parties to endure a relationship devoid of any matrimonial foundation, thereby causing avoidable hardship rather than advancing the object of the statute.”

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Tenants' right to timely redevelopment
Case BriefsHigh Courts

“The society and its members cannot be made to wait endlessly for the developer to take necessary steps in the redevelopment process.”

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Physics Wallah defamation case
Case BriefsHigh Courts

“Disparagement through misleading and/or abusive statements, constitutes an unlawful interference in other party’s commercial goodwill and is actionable in law.”

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encroachments at Anand Vihar ISBT
Case BriefsHigh Courts

“There ought to be free space for movement of the public. Beautification and development of the area is also required, so that the passengers and tourists can enjoy a comfortable experience while visiting a bus stand or the nearby railway station.”

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Vicks Vaporub claim
Case BriefsHigh Courts

“The term VAPO is merely an abbreviation of the word vapour and it is descriptive and common to the trade and nobody can claim exclusive right to use any abbreviation, which has become publici juris.”

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IVF when a couple has one living child
Case BriefsHigh Courts

“The primary purpose of the Assisted Reproductive Technology (Regulation) Act, 2021 is to regulate and supervise the Assisted Reproductive Technology clinics and banks, so as to prevent their misuse and avoid unsafe and unethical practices.”

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No deficiency of service free of charge
Case BriefsHigh Courts

The principal grievance of the farmers was that both the bank and the Jute Corporation of India were deficient in service, inasmuch as the bank did not sell the pledged jute goods in time to recover its dues and JCI did not purchase the goods under the Minimum Support Price scheme, thereby causing loss to the farmers.

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maternity leave third pregnancy
Case BriefsHigh Courts

“The respondents have not understood the principle underlying in those orders and that repeatedly rejecting the plea of employees seeking maternity benefits for third pregnancy is an agonizing fact.”

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lawyers on strike over working Saturdays
Case BriefsHigh Courts

“When lawyers boycott the Courts, it directly violates the rights of the litigants to speedy justice, as guaranteed under Article 21 of the Constitution.”

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Tribunal decide disputes from inter-connected agreements
Case BriefsHigh Courts

“A common reference to the Arbitral Tribunal for resolution of disputes and differences arising out of all such agreements and contracts was requested by the respondent which was agreed upon by the applicant.”

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