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If the part of an Award proposed to be annulled is independent, stands unattached to the other part and can be validly incised, the partial setting aside would be valid and justified. The same also applies to execution proceedings.
“The investigation report, prima facie, reveals that the mark ‘AL-WALIMAH’ is never used by Respondent 1 and no rice product under the impugned mark is found in the market survey of relevant shops, nor did any shopkeeper expressed any knowledge in that regard.”
“It is mandatory for the Court to issue a reasonable notice of any Court proceedings, including any bail application filed by the accused, to the victim and the victim or the dependent of a victim has a right to be heard at any proceeding under the Scheduled Castes and the Scheduled Tribes Act (Prevention of Attrocities), 1989.”
A quick legal roundup to cover important stories from all High Courts this week.
“By excluding persons engaged in cleaning of excreta with the help of protective gear from the definition of ‘manual scavengers’, has deprived them of the benefits pertaining to rehabilitation, scholarships, etc. for which they are equally eligible.”
Delhi High Court held that the plaintiff, PPL India, established a compelling case of copyright infringement against Geetanjali Salon, the defendants, with a clear imbalance of convenience favoring the plaintiff’s protection of intellectual property, an interim injunction is granted to halt the defendants’ unauthorized use of copyrighted materials.
Delhi High Court upholds Labour Court’s finding, affirming Hospital as an Industry under the Industrial Disputes Act, 1947 validating State Government’s referral authority, and confirming the continuous service of the workman.
The primary duty of the Constitutional Courts is to maintain a check on arbitrary use of power, including setting aside illegal administrative actions and take secondary measure of addressing the injurious consequences arising from arbitrary and illegal actions.
Sterling Agro Industries emerges victorious in the trademark clash between NOVA and NOVYA, as Delhi High Court decrees in their favor, enforcing a permanent injunction against the defendants and awarding litigation costs.
“It is not in doubt that the composition is at best a derivative and would be the same substance as the ‘known substance’, therefore, unless and until significant enhancement of therapeutic efficacy is shown, such a composition would not be liable to be granted patent protection.”
by Anuj Berry†, Sourabh Rath††, Megha Janakiraman††† and Aparajito Sen††††
Delhi High Court bars the recovery of overpaid salary in a case involving teacher misconduct, citing unapproved suspension. However, increments are denied amidst allegations of serious nature.
Delhi High Court upheld the Central Government’s independent exercise in contempt jurisdiction, emphasizing adherence to the original judgment’s directives and refraining from issuing supplementary orders. The decision underscores the judiciary’s cautious approach in contempt proceedings and affirms the sanctity of court orders.
“Each passing moment in the face of cardiac distress is fraught with the peril of irreversible harm, and in case of any eventuality that may occur in applicant not getting proper and specialised treatment, this Court will have to bear the weight of regret.”
A quick legal roundup to cover important stories from all High Courts this week.
“Under Article 47 read with Article 21 of the Constitution, it is the obligation of State to ensure a robust public health system.”
“It is submitted that a one-time private, and non-commercial event is being held at various locations in the complex and there is no provision contained in any law, that prohibit Respondents 3 and 4 from inviting guests to view their facilities, especially for non-commercial purposes.”
“The need for a code of conduct assumes greater importance in light of the fact that once a decision is taken by the CoC, the aggrieved party is deprived of the legal remedies, except to a limited extent.”
“The quantity of contraband assumes relevance as quantum of sentence to be awarded for an offence of possessing/transporting contraband committed under the NDPS Act is dependent on the fact whether the quantity of such contraband is small quantity, commercial quantity or intermediate quantity.”
“The purpose of Sections 17 and 18 of the Micro, Small and Medium Enterprises Development Act, 2006, gives the right to a micro, small and medium enterprise to have its disputes adjudicated by approaching the facilitation councils and it cannot be obliterated on account of any other contract to the contrary.”