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It is for violation of Section 18(2) and Section 18(3) of the FERA that would entail action under Section 56 FERA, but the intervening threshold of issuance of show cause notice/opportunity notice and hearing the notice before passing the decision upon such mandatory application of principles of natural justice alone that the action under Section 56 could, at all, have been initiated.
“There is no doubt about the factum of marriage between the petitioners and the fact that they are major. No one, not even the family members can object to such relation or to the matrimonial ties between the petitioners.”
Section 112 of the Evidence Act underscores the principle that children born within the confines of a legally recognized marriage are deemed legitimate per se and it ensures that no unwarranted assumptions of impropriety or moral transgressions are made and instead places the burden of proof on those who contest the child’s legitimacy.
“Though Articles 19(1)(a) and (b) of the Constitution gives freedom to raise one’s voice but the possibility of the event creating a law-and-order situation which can result in loss of lives, property, etc is an important factor which has to be taken into account by the law enforcement agencies.”
“The very integrity of the entire selection process was compromised and DSEU could not determine its extent and hence, had to resort to cancelling the entire examination process, to protect the sanctity of the recruitment process.”
The court at the stage of bail has to only see the prima facie case. Even in the case of MCOCA, the court is not required to arrive at a positive finding that the applicant has not committed such an offence because in such a case it will be impossible for the prosecution to obtain a judgment of conviction of the applicant in case the bail is granted.
Justice Vipin Sanghi, a third-generation lawyer, with a legal career spanning over 3 decades, retires on 26-10-2023 after an extensive tenure of 17 years as a Judge, which also includes his tenure as the 12th Chief Justice of Uttaranchal High Court.
“Forbearance from granting such relief would enable the defendants to continue exploiting the plaintiff’s copyright, which would result in irreparable prejudice to the plaintiff.”
“Listings play a crucial role in online marketing and sales. Copying of listings also indicates that defendant is trying to pass off its products as that of plaintiff, in view of the point-of-sale confusion that becomes clearly possible.”
“Notification No. 179(E) issued by the Ministry of Health and Family Welfare must be held to be prospective in application as petitioners have already secured requisite Certificate of Medical Indication from Delhi State Level Medical Board, Department of Family Welfare prior to amendment taking effect.”
“The medical board has opined that the petitioner required regular medical care and supervision and the support of the family members for his compliance to the medical treatment.”
While the applicant’s right to healthcare and medical treatment is a fundamental consideration, it cannot be allowed to overshadow the pressing need to investigate fairly and ensure that due legal processes are followed.
“The mark, the name, and the overall look and feel of the website gave a clear impression that defendants are making a deliberate attempt to imitate and copy plaintiffs name/mark ‘NYKAA’ only to gain monetarily by such deception.”
“The authorities rejected petitioner’s refund claim by mentioning that payments in respect of some of the invoices are received in advance, but respondents have not referred to any particular instance where payments in respect of any invoices are received prior to the date of invoices.”
“Defendant 1 is a counterfeiter and has dragged plaintiff in the Court for an entirely unnecessary litigation, thus, plaintiff will be entitled to actual costs quantified at Rs. 4,59,520.”
A quick legal roundup to cover important stories from all High Courts this week.
“By ensuring that convicts, undertrials, and their dependents are aware of and can access benefits designed for their welfare will be crucial in rehabilitation and social reintegration.”
“One cannot forget that these are ayurvedic preparations and not allopathic medicines or scheduled drugs for which, doctors’ prescriptions are required. These are over the counter preparations, which are often brought by patients without prescription.”
“The very fact that the wife had not only claimed but also accepted pendente lite maintenance during the appeal from the first husband fortifies that the marriage was not finally dissolved.”
“There is certainly an improvement in the matter of establishment of Commercial Courts and steps are being taken to fill up the remaining posts of District Judges, Commercial Courts.”