Consenting Adults Have the Right to Choose Life Partners and Seek Protection even from Parents, Relatives or Friends: Delhi HC
The case highlights the continuing challenges faced by adult couples who choose to marry against family wishes.
The case highlights the continuing challenges faced by adult couples who choose to marry against family wishes.
‘Since the petitioners are both Indian national citizens, they are well and truly entitled to the protection as available to them in the form of the guarantees and fundamental right(s), enshrined under Article(s) 19 and 21 of the Constitution.’
“The right to personal development is an integral facet of the right to life and personal liberty under Article 21 of the Constitution, and, therefore, any interpretation of ‘custody principles’ must be interpreted in a manner that not only respects and upholds this constitutional guarantee but also is in sync thereof.”
“The offence alleged to have been committed by the applicant herein has multifarious effects on the Society at large, more so, since the applicant has put the life and limb of one and all in utter danger.”
Landlord’s bona fide requirement for himself or for his dependent family members, founded on age, medical condition and need for financial independence of his children, constitutes a genuine and valid ground for eviction.
“With respect to the bona fide requirement of the landlord, the landlord was only to make out a legitimate case setting out the plausible reason which are not fanciful and unreasonable to establish a bona fide requirement of the subject premises.”
“The Delhi Rent Control Act, 1958 is silent about any requirement of the landlord giving the details/ divulging anything qua the nature/ purpose/ disclosure of the proposed new business by the landlord.”
“This Court while dealing with edible items for human consumption, owes a duty of exercising a greater degree of care, caution as also to apply a more stringent test to avoid any possibility/likelihood of confusion between different edible products amongst the general public.”
“Any confusion between the edible products, if allowed to continue, can lead to disastrous consequences on human health. Therefore, the Court must adopt more cautious and stringent approach for judging the likelihood of confusion and to exercise greater care.”
The Court observed that many accounts on YouTube channels and Meta’s social media platforms are using modern day technology to modify the voice, image, likeness etc. of Sadhguru to garner more views and subscribers to piggyback on his name and reputation.
In the present case, a social media influencer-Defendant 3, was the owner of Instagram handle “@hustlewithhritik”, and uploaded the reel titled “Never Use Dettol in your Skin” featuring the offending portion of the impugned podcast.
The systematic, organised and intentional nature of the infringement, and the regularity and consistency with which the said content is being updated/ uploaded on the said “rogue websites” shows the extent of the violation of the rights of the plaintiff in real time.
“An average consumer with an imperfect recollection is likely to be deceived into thinking that the plaintiff has opened a new ‘SOCIAL’ outlet in Vadodara, Gujarat where the defendant is operating its outlet.”
The Delhi High Court directed the respondents to consider releasing petitioner’s terminal benefits by taking into account the higher salary which he was drawing during the 14 years when he was working as a Research Officer.