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The Court is unable to accept that the legislative intent is to provide parallel regimes for the recovery of debts. The provisions of Section 13(10) of the SARFAESI Act, thus, cannot be interpreted in the manner as contended on behalf of the petitioner.
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“It appears, in order to avoid its liability to pay salary attached to the post and to deprive the employees from lawful service benefits available to them, exploitative policy of contract appointment for initial five years is being adopted and practiced.”
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It is unfortunate that disabled persons are being compelled to file writ petitions and are being compelled to run from pillar to post by an organization like KVS. They are not claiming any charity, and they are claiming their rights as guaranteed to them under the RPwD Act.
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“POCSO was formulated to protect children under the age of 18 years from sexual exploitation. Nowadays often it has become a tool for their exploitation”
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“In view of pictorial depiction of stag, the “STAG” part of plaintiff’s mark has necessarily to be held to be its essential and dominating feature and the use, by defendant, of word STAG along with pictorial depiction of stag, clearly indicates imitation, by defendant, of essential features of plaintiff’s mark.”
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“Proceedings under Section 24 of the UP Revenue Code, 2006, are summary in nature while an injunction suit filed by the respondent is a regular suit.”
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“The confusion is exacerbated by the look and feel of the defendants’ website which has, obviously, deliberately and intentionally, been made to copy the plaintiffs’ website.”
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“Presumption is that every witness is impartial and independent, unless proved contrary. There is no presumption for doubting the credibility of official witnesses, in principle.
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“Considering the undisputed status of wife’s residency in Australia, the provisions of Section 19 of the Act would not come to her rescue.”
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The Court stated that examination of contents of the suicide note and other attending circumstances if necessary to ascertain whether such person has committed the offence of abetment to suicide or not.
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“The agreement between the respondent and its Indian affiliate had been effective from 01-01-2010, and if, technical knowledge, experience, skill, and other processes had been made available to the Indian affiliate, the agreement would not have run its course for such a long period.”
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“It is this Court’s steadfast belief that a patient in need of medical attention should be granted immediate, effective, and comprehensive treatment. Additionally, the choice of the medical facility for treatment should remain with the patient.”
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“The IBC and the resolution process does not contemplate matters being left inchoate. In fact, it exhorts one to accept the seal of finality and quietude which stands attached to the approval of a Resolution Plan.”
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“The dissolution of partnership is one aspect and its effect on carrying on business by making different arrangements to defeat rights of a registered trade mark owner, is altogether a different thing”
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“That defendants have chosen to imitate the manner in which plaintiff prints its logo is itself testimony to the goodwill and reputation of plaintiff, in the perception of defendant itself.”
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“Exemplary costs need to be imposed so that no one could dare to take the Courts for a ride.”
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“The Tree Officer and the Officer concerned of MCD were directed to conduct an inspection at least once in four weeks to ensure that the site is being maintained in a manner conducive to the preservation of the banyan tree.”
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Allahabad High Court directed the State Government to undertake an exercise for admission of the children in reputed schools in the vicinity of the homes.
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“In a case such as this, if injunction is not granted ex parte, it would result in the defendant continuing to defraud the public at the expense of the plaintiff.”
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“There is every likelihood of defendant’s cloud kitchen services being perceived as another extension of plaintiff’s services owing to the nature of the ‘SOCIAL’ series of marks used by plaintiff.”
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