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The Court opined that accused battling alcohol and drug addiction, should receive mental health care and sympathy. Though the addicts suffer from mental illness, they are often harshly condemned due to a lack of awareness about mental illness instead of being considered sympathetically, as other illnesses are treated.
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“Since 2011, through campaigns like ‘You Can Be Anything’ and initiatives such as the Shero program and Fashionistas collections, Mattel has promoted inclusivity, diversity, and women’s empowerment. With a vibrant online presence, scholarly attention, and millions of fans worldwide, the trademark BARBIE has evolved into a multifaceted brand symbolizing imagination, aspiration, and inspiration for generations.”
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“When the High Court exceeds its discretion and jurisdiction in a given case, the same has to be deemed an error on the part of the High Court rather than presuming the same to be an order in the exercise of its extraordinary or inherent jurisdiction.”
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“The Committee strongly recommends reinstating the Nepali Consonants (sic) ण, श, ष, ड़, ढ़, क्ष, त्र, ज्ञ as prayed by the petitioner, which is logical and important for the conservation and preservation of Nepali Alphabets for future posterity.”
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“The statute as well as a series of decision of the Supreme Court and various High Court have well settled the parameters for the grant of bail to an under trial, however impending marriage of an accused is not one of them”.
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“Jharkhand Chowkidar Cadre Rules, 2015 (‘Rules 2015’) itself speaks that the appointment is to be made ‘District-wise’ and as such the petitioners are wrong in contending that the appointment should have been made ‘Beat-wise’. Otherwise also, the cadre of Chowkidar is district level.”
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“The depiction of the Akkineni Nagarjuna in settings that are misleading, derogatory and inappropriate will inevitably have the effect of diluting the goodwill and reputation associated with him.”
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“The prosecutrix is not an accomplice but rather the victim and the sole injured witness of the assault, and thus her evidence assumes great evidentiary value. But where she declines to identify the perpetrators, she is either a consenting party, or the persons being tried are not the actual perpetrators.”
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“The balance of convenience does not persuade this Court to grant a blanket stay on the impugned Survey.”
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“The live and reasonable nexus between the alleged activities and purpose of detention was irretrievably lost by the unexplained delay of nearly over a year.”
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“The identity in the defendant’s marks is so close to Mankind’s trade marks that the two are indistinguishable. The infringing activities of the defendant is likely to cause confusion in the course of trade of Mankind leading to erosion of consumers’ trust.”
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The Court pointed out that no employee can be forced to contract out of his statutory rights, however, unfortunately, the practice of extracting undertakings from employees who have been reinstated after tedious litigation is common. These exploitative undertakings often pertain to forgoing past service benefits and are obtained by placing the employees under duress.
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The accused has undergone inordinate incarceration for 4 years and 3 months. Even otherwise, given the snail’s pace of the proceedings in the Trial Court, it may so happen that before the same concludes, the applicant may end up undergoing the entire sentence without being held guilty.
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“Asha Bhosle has the right to control the use of all facets of her personality since the same formed part of her exclusive Personality Rights and the misappropriation of the same without her consent was liable to be restrained not only on the basis of the publicity rights but also on the basis of the tort of dilution, more particularly, tarnishment.”
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“Naresh Goyal is aggrieved by his account being classified as “fraud” by the Bank of India. He has not been served with any order passed by the Bank classifying his accounts as “fraud”. It is therefore evident that the earlier classification of his account by the Bank as “fraud” is without any justification or reasons.”
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“The scope of the intervention of the court in arbitral matters is virtually prohibited, if not absolutely barred.”
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The Advocate failed to inform the appellant that the case had been withdrawn by the opposite party three years ago, thus the Court stated that right created in favour of one party cannot be taken away when the delay was a direct result of the negligence and inaction of other party.
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“Where two persons may be registered proprietors of marks, which are identical or deceptively similar to each other, neither person would be allowed to interfere with the exclusive right of the other person to use the mark, though each of them would have a right of injunction against a third party, who may not be a registered proprietor of the mark.”
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“A Company which is faceless in India, cannot on the basis of baseless allegations, come forward and challenge the laws of the nation.”
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The problem that Malabar Gold now faces is that several posts/materials/stories are being posted on social media platforms against it by random persons seeking to connect Malabar Gold with the neighbouring country.
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