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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.”
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.”