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“The power of rectification is exercisable only by the High Court exercising appellate jurisdiction over the appropriate office of the Trade Marks Registry, wherein the entry relating to the impugned mark is made.”
“The breach continued only during the period of the contract and not upon its expiry. The Court observed that the breach was continuous, but only during the subsistence of the contract. Once the contractual period fixed by the parties had expired, the breach could no longer be considered ongoing.”
“The continued mistrust of the husband creates an atmosphere of humiliation, fear and emotional suffering and such conduct makes it unreasonable to expect the wife to continue living with him and the wife is entitled to live with dignity and freedom through the remedy of divorce.”
“When the factum of an attempt of reconciliation and the absence of Mahar with the wife being prima facie established, there was no reason to doubt, or to find error in the views and holdings of the Family Court.”
“In a prosecution for the offence of rape, the building or the place where the sexual intercourse between the offender and the survivor took place, was one of the facts which constituted the state of things under which the occasion or cause of rape happened.”
“When a parent entrusts a child to a teacher, he on his behalf impliedly consents the teacher to exercise such authority over the student. When a student does not behave properly or act according to the rules of a school, and if the teacher gives him a corporal punishment for improving his character and conduct, the court has to ascertain whether the said act of the teacher was bona fide or not.”
“All the wings of CAPFs discharge duties which can be described as sensitive in view of the national security requirements, and it cannot be said that CISF personnel require a different yardstick in the matter of security and discipline.”
“The petitioner had, for no reasons, raised doubts as to the credibility of the Steering Committee and had not made even a minimal effort to ascertain the true facts or the correct legal position before invoking the jurisdiction of the Court.”
“The petitioner had informed many officials about individuals engaged in the real estate business who had made roads and destroyed mangroves on a large scale to convert the area into a commercial resort, thereby affecting the biodiversity and environment of the river, obstructing the free flow of water, and impacting the inter-tidal zone.”
“A share was earmarked to the excluded sharer as well, even though the same might not preclude the rights of the excluded sharer to challenge the partnership deed.”
On October 10, the guardians of the student, allegedly accompanied by over six persons, forcefully entered the school premises and manhandled the security personnel. Another group reportedly gathered outside the school gates and began raising slogans in protest.
“If the wife ill-treated the children, it would certainly cause an apprehension in the husband’s mind that it would be harmful or injurious for him to live with her where the expression ‘harmful or injurious’ was not confined to physical acts alone, but extended to mental torture as well.”
“The victim tried hanging herself due to the trauma caused because of the accused’s attempt to commit penetrative sexual assault. He brought her down, but when she started shouting, he smothered her which led to her brain death.”
“For want of better words, prima facie, we can only say that we are shocked by what we have seen within the factual matrix of this case.”
“Before the enactment of the Succession Act, succession to the property of Hindus, whether ancestral or self-acquired, was governed by the pristine principles of Hindu law as embodied in the Shastric texts and Smritis.”
“After accepting the policy, and availing the premium year after year, the insurer cannot later repudiate the claim on the ground of some ambiguity. In such cases, the principles of estoppel come into picture, which prevents the insurer from taking advantage of its own failure in disclosing the entire aspect with respect to the coverage of insurance.”
“The audio clip and letter found, alleged coercion of ED officers to implicated CM Pinarayi Vijayan and other political leaders in a case involving seizure of 30 kg of gold worth Rs 14.82 crore at the Thiruvananthapuram International Airport on 06-07-2020, which was allegedly marked as ‘Diplomatic Baggage’ and was being sent to the UAE Consulate.”
“The misappropriated amount showed that the foreign liquor found in shortage was a gigantic quantity and therefore, prima facie, it could not be held that the shortage occurred because of some unintentional omissions or oversights.”
“The land stated to be a playground was situated 500 meters away from the school and the fact that it was earlier used for conducting District and State Level School Sports Meets could not be used to indicate that the playground belonged to the school”
“The prima facie conclusion that the accused had not committed any offence under Sections 376(2)(n) and 506 IPC, automatically lead to a conclusion that they had not committed an offence under Section 3(2)(v) of the SC/ST Act.”