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“Medical termination of pregnancy involves mental and physical repercussions which may last for a lifetime and therefore, the procedure to be followed cannot be a routine or business-like exercise. The most vital strength in such cases can often come from doctors who examine such victim and explain to them the pros and cons.”
The present petition was filed for strict enforcement of the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. The issues involved in the present cases stand concluded on account of the judgment delivered by the Supreme Court in Balram Singh v. Union of India, 2023 SCC OnLine SC 1386.
A 96 years old freedom fighter has been made to run from pillar to post to get his rightful pension. The inaction of the Central Government is actually an insult to the freedom fighter who was declared as a proclaimed offender and probably his entire land would have been attached in the proceedings initiated by the British Government.
“The respondent, having failed to lodge its claim, cannot enforce the impugned orders and notices, given the binding nature of the approved Resolution Plan.”
A quick legal roundup to cover important stories from all High Courts this week.
“The mark “NEW BALANCE” is a unique combination of two distinctive words i.e., “New” and “Balance” which have no connection, allusion, or description of the products of the services offered by plaintiff and the logo is also quite distinctive.”
“Respondent has used utter derogatory language for the Single Judge bench to the extent of saying that the Single Judge is a ‘thief’ and he has full proof of the same.”
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.
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.
“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.”
“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.”
The burden of proving that there was a failure on the part of the vehicle owner in carrying out due diligence apropos driving licence before employing a person to drive the vehicle is upon the insurance company.
“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.”
“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.”
“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.”
“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.”
“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.”
“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.”
Policies are often drafted keeping in view the larger public interest, balancing various competing interests. Unless a policy is manifestly arbitrary, discriminatory, or mala fide, the wisdom and advisability of governmental policies are outside the purview of judicial review.
“Considering that the plaintiff operates in the pharmaceutical and medicinal sector and is also registered for the ‘GSK’ mark, the use of an identical mark, especially in an identical colour combination, is clearly dishonest and mala fide.”