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“While balancing the right of the accused to a fair trial and upholding the intent of the legislation, the courts are duty bound to remain sensitive to the plight of the seven-year-old sexual assault victim.”
In the present case, though the wife had made allegation of extra-marital affair against her husband in her written statement, nonetheless, when the husband entered-into the witness box and tendered his affidavit in evidence, he did not whisper even a word in this regard.
“The suit is filed in respect of exploitation of audio-visual songs from the movies, namely, Diljale; Main Aisa Hi Hoon; Vaastav; Bees Saal Baad; Ek Chaddar Maili Si; Guru; Hisaab Khoon Ka; Jungbaaz; Pati Patni Aur Tawaif; Pyaar Ka Mandir; Tahakla; Muddat; Indaniyat ke dushman; and Oonche Log.”
“When a minor seeks a medical termination of pregnancy, doctors must ensure that the process is conducted in compliance with the prevailing laws and regulations, with utmost sensitivity to the minor’s age and maturity level.”
“The Delhi High Court cannot exercise power to transfer proceedings between two separate High Courts as the said power of transfer between two High Courts, can be exercised in terms of Section 25 of the Civil Procedure Code, 1908, by only the Supreme Court.”
It is time to ensure that a convict who leaves the correction home/prison is restored to the society as a law-abiding citizen who has repented his past conduct. This can be achieved only if the mental health issues of the convicts in prisons are recognized and attended to, rejecting the notion that this view is too idealistic.
Delhi High Court grants injunction against Cipla Healthcare from using the marks Gluco-C or Gluco-D either by themselves or as part of the marks Prolyte Gluco-C ++ or Prolyte Gluco-D ++ being deceptively similar to the plaintiff registered marks GLUCON-C or GLUCON-D respectively.
“In certain situations, it may be expedient to leave it to the arbitrator to determine the issue as to whether stamping is insufficient, and if so, the arbitrator will take recourse to Section 33 of the Stamp Act, 1889.”
The primary intent of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 Act is to safeguard the rights of the unborn girl child and promote gender equality by curbing the misuse of diagnostic techniques for sex determination. Therefore, while deciding applications seeking condonation of delay, Courts should prioritize the Act’s underlying purpose over technicalities.
Delhi High Court observed that the composite mark CHINA BISTRO cannot be said to be lacking in distinctiveness, when seen as a whole, in the absence of any evidence or material to that effect led by Wow Momo Foods Limited.
“Due to the fact that the defendant has not contested the matter, but compelled the plaintiff to file the present suit, by not agreeing to give up the infringing mark, despite being put to notice, the plaintiff is entitled to receive actual costs.”
“The policy decision of the Government is aimed to enhance functional autonomy, efficiency and unleash new growth potential and innovation in Ordnance Factories. The re-structuring is aimed at transforming the Ordnance Factories into productive and profitable assets, deepen specialization in product range, enhance competitiveness, improving quality and cost efficiency.”
“The principle of determination of inter se seniority amongst direct recruits and promote officers makes it clear that for the purpose of fixation of inter se seniority, the date to be reckoned for the direct recruits is “the date of appointment.”
The Court passed no further orders considering the information provided in the Status Report and the measures taken by the authorities concerned towards the implementation of the Mental Healthcare Act, 2017.
The traffic authorities are the best judges to decide the issue of regulation of traffic in the city and the Court while exercising its jurisdiction under Article 226 of the Constitution of India cannot sit over as an Appellate Authority over the decisions taken by the traffic authorities for regulating the movement of traffic in the city.
“Rejection of the disability contained the reason that the petitioner is suffering with Locomotor Disability which is a physical disability and the same is assessed as zero per cent, so no certificate is provided to the petitioner with respect to the disability suffered by him.”
“The Delhi Government is directed to ensure that the necessary systems and cloud service is made available to all the Sub-Registrars’ offices so that the documents can be preserved without a situation as arose in the present case being repeated.”
The main grievance of the plaintiff is that defendant 2 has by adopting a trade dress for its BERKINS brand range of shoes which is nearly identical to the plaintiff’s RS-X range of shoes, sought to pass off its products as those of the plaintiff.
Indian Railway’s has failed to substantiate its grounds for setting aside the impugned Arbitral Award that the impugned award suffers from patent illegality and the findings therein are perverse and would shock the conscience of this Court.
“The comparison of the defendant’s and the plaintiffs’ marks will show that the defendant has not merely copied one mark or packaging but has deliberately adopted a series of marks, in packaging with almost identical colour combinations.”