misuse of POCSO
Case BriefsHigh Courts

The Madras High Court observed that cases involving consensual adolescent relationships often result in the young boy facing criminal consequences due to parental differences.

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appreciating material at stage of charge
Case BriefsDistrict Court

“Criminal liability is founded on legally admissible material capable of giving rise to a sustainable inference, and not on conjecture, or investigative imagination.”

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man convicted of his wife
Case BriefsHigh Courts

“It is sad commentary on our criminal justice delivery system and requires introspection and real remedial measures like increasing number of Judges, their supporting staff and infrastructure. There is not shortcut to hard work required for deciding criminal appeals. Just holding conferences and meetings can never ameliorate the situation.”

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not every insult offence under SCST Act
Case BriefsHigh Courts

“From the allegations made in the complaint, the prosecution has not proved that the accused is guilty of an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989”

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Kataria surname protected
Case BriefsHigh Courts

“The appellant’s mark is not registered, but it is using the mark ‘Kataria’ being its surname with continuity and have encashed upon it by creating a business world by use of the goodwill of their forefathers/predecessors and are banking upon the same.”

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disability certificate issued by non-treating doctor
Case BriefsHigh Courts

“A qualified medical practitioner who has not treated the injured can always give evidence on the basis of the medical reports of the injured and give a certificate on the loss of earning capacity or disability.”

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Section 279 IPC
Case BriefsHigh Courts

“Possibility of rashness and negligence by a driver cannot be negated on the mere account of low speed, especially when it is alleged that the respondent was driving a heavy vehicle, carrying material over the permissible weight limit, in a zig-zag manner prior to the accident.”

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deduct wife's maintenance from husband's salary
Case BriefsSupreme Court

In a previous order, the Court had directed the husband to deposit Rs 25,000 with the Court’s Registry towards travelling expenses, etc., of his wife and minor daughter; however, the husband had failed to do so.

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CAPITAL as translation of RAJDHANI trademark infringement
Case BriefsHigh Courts

“Defendants have copied the trade dresses of the plaintiff in entirety, in which plaintiff has a copyright and the intent behind copying is to trade over the goodwill and reputation of the plaintiff, which it has built over the years and to misrepresent to the public that their goods have some association with the plaintiff.”

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Case BriefsDistrict Court

“The Court is not to act merely as a post office or a mouthpiece of the prosecution. The Court must apply its judicial mind to the record to assess whether the material, taken at face value, discloses the essential ingredients of the alleged offence and raises grave suspicion, as distinct from a mere suspicion.”

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suit against Akasa Air
Case BriefsDistrict Court

“In commercial transactions, especially in the travel industry, group bookings for festive periods are made precisely to capitalize on predictable seasonal demand.”

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Reconstructed DVD inadmissible as evidence
Case BriefsTribunals/Commissions/Regulatory Bodies

Electronic record, in the form of the DVD could not be treated as admissible evidence, in the absence of any verification as to its genuineness, veracity or reliability from the original electronic device by/from which these are created, for the purpose of imposition of penalty under Section 114-AA, Customs Act, 1962.

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WhatsApp chats insufficient
Case BriefsHigh Courts

“Merely relying on the WhatsApp chat, the divorce decree cannot be granted, since it is not proved by leading evidence.”

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Jal Jeevan Mission
Case BriefsHigh Courts

Larsen And Toubro Limited filed the present petition aggrieved by the inaction on the damage caused to the water pipelines laid down by them under the Jal Jeevan Mission.

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welfare measures in state-operated old-age homes
Case BriefsHigh Courts

“The true objective of such homes is realized not merely by their existence, but by ensuring that they are adequately equipped with basic amenities, medical facilities and welfare support for the residents.”

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CoC commercial wisdom
Case BriefsSupreme Court

“Commercial wisdom of the CoC enjoys primacy and cannot be supplanted by judicial review. Neither the NCLT, nor the NCLAT nor even this Court is empowered to substitute its assessment in place of the commercial decision arrived at by a requisite majority of the CoC”.

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S. 22 ID Act applicable to bank employees
Case BriefsHigh Courts

“Section 22(1), ID Act will apply squarely to the Trade Union and there is no basis for the inference that managerial or supervisory employees of higher ranks or cadres are excluded from the ID Act. The restrictions imposed under Section 22, ID Act are designed to protect the interests of the public and ensure the smooth operation of a Public Utility Service.”

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Manforce advertisement copyright
Case BriefsHigh Courts

“A comparison of the original artistic works of the plaintiff posted on Instagram with that of the infringing works of Defendants1 and 2 posted on Instagram clearly depicts, prima facie, infringement of the copyrights of the plaintiff.”

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Bio-Medical Waste Rules enforcement
Case BriefsHigh Courts

“Handling of biomedical substances demands meticulous oversight and strict adherence to scientific procedures and any administrative or institutional laxity in this sphere brings grave and irreversible consequences.”

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genuineness of arbitration agreement
Case BriefsSupreme Court

The matter revolves around the alleged forgery/genuineness of the agreements containing the arbitration clause.

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