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“The applicant was seeking monopoly over matters in which ex-facie no copyright subsisted to begin with, like common themes, ideas, unoriginal/stocks/scenes-a-faire matters, and other aspects directly flowing from such elements.”
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The intent behind Section 104A of the Act is to shift the onus of proof from the plaintiff to the defendant in cases involving infringement of process patents. This is premised on the fact that the process adopted by a defendant in manufacturing its product would only be known to the defendant and would be difficult for the plaintiff to determine.
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These acts which are alleged against Kapil Wadhawan, if proven, are not merely violations of penal statutes, but subvert the very integrity of financial institutions and investor confidence. Such economic offences are not private disputes, but public wrongs that corrode the nation’s economic fabric.
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The Court further directed the District and Sessions Judge to convene a meeting of all judicial officers of the district regarding adoption of casual approach in criminal trials.
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“The conduct of the petitioner was deplorable, and he should have known that the rights and freedom guaranteed by the Constitution ought to be tempered and moulded by the fundamental duties cast upon him.”
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“The inconvenience to the husband outweighs the inconvenience pleaded by the wife as her averments are unconvincing and lack credibility.”
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Because of his own default, the petitioner could not appear in the entrance examination held by the respondent and now seeks a direction for holding a fresh entrance examination only for him or allowance to appear without crossing the barrier of the entrance examination.
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“The themes and language used in the posts indicate inclination towards the glorification of anti-national ideology, which cannot be ignored.”
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Matrimonial litigation, particularly where financial dependency and concealment are alleged, demands a sensitive and pragmatic approach. The documents and witnesses sought to be introduced by the wife are not collateral or immaterial but rather, directly affect determination of maintenance which is a matter of subsistence.
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The Trial Court has relied upon contents of notarised agreement and held that plaintiff is in possession of suit property. It has erroneously been observed that prima facie value of document can be adjusted at the time of granting interim injunction. However, such observations are not in tune with legal position.
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“A reading of the statements made against the applicant would prima facie conclude that they have been making statements in derogatory and defamatory manner, which would affect the reputation of the applicant who is holding High Office.”
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“The petitioner had given birth to her two children prior to her induction in service but her prayer for maternity leave, though for her third child, came to be made for the first time during the service.”
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“By condoning the illegal acts of the violators who carry out encroachments, the State intends to treat such law breakers equal to those persons who abide by the law. This is arbitrariness, because by treating un-equals alike, the State is violating Article 14 of the Constitution.”
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The present case is of year 2005, the judgment was delivered on 29-5-2006 and now it has been more than 19 years which has passed. Therefore, it will not be in the interest of the accused to remit or remand the matter to the Trial Court from the stage of recording the supplementary statement of the accused concerned under Section 313 of Criminal Procedure Code, 1973.
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The Court concluded that all three limbs of Section 2(h)(d)(i) of the RTI Act — ownership, control, and substantial financing, stood satisfied in the case of CIAL. Hence, CIAL was held to be a “public authority” within the meaning of the Right to Information Act, 2005, and was amenable to the obligations of information disclosure under the provisions and rigours of the Act.
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“To convict the accused under Section 363 IPC, two things are to be established beyond reasonable doubt, one that she was below the age of 18 years and other would be that she was taken away from her lawful guardianship without consent of the guardians.”
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“The issue of under-stamping is often weaponized in arbitral proceedings and used to trip up the adjudication of disputes by way of arbitration. Arbitrators, being private persons, tend to be timid and send the instruments to the Stamp Authorities despite being entitled to compute the stamp duty amount and penalty component themselves.”
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The early entry of the Travel Blue’s registered design in the market which is now sought to be diluted by the Miniso’s infringed product is prima facie likely to cause injury to the Travel Blue Products’ business, reputation and goodwill.
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The bail was opposed on the ground that the petitioners were involved in a grave financial offence and the investigation was still in progress to unearth the magnitude of fraud and granting bail to them would hamper the investigation as some of the associates were still at large.
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“Accepting a strike resolution may amount to misconduct on the Presiding Officer’s part inviting recommendation for disciplinary action against the concerned officer, who adjourns the case in deference to a resolution of the Bar asking members to abstain from their professional duties in Court.”
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