enquiry of Trial Court Judge
Case BriefsHigh Courts

“Although the Trial Court might be right in obtaining spot inspection report, but that report should have been considered after recording evidence of witnesses and the trial Court should have come to a conclusion as to whether temporary injunction order was breached by any of the parties or not, but nothing of that sort has been done.”

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Ticketed event not religious ceremony
Case BriefsHigh Courts

“The plaintiff was entitled to grant licences for communication to the public and public performance under Section 30, Copyright Act, and since 2014, was issuing licence as the licence-holder of the copyright.”

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Loss of love and affection compensation siblings
Case BriefsHigh Courts

Kerala High Court evaluates if siblings of a deceased accident victim are eligible for compensation under the head ‘loss of love and affection’, while also revisiting notional income, dependency calculations and conventional heads of damages.

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Bangladeshi convict premature release
Case BriefsHigh Courts

Holding that the Sentence Review Board cannot reject premature release solely on the gravity of the offence, the Delhi High Court said such decisions must consider custodial conduct, rehabilitative indicators, and other relevant factors under the 2004 Policy and Delhi Prison Rules, 2018.

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misuse of POCSO
Case BriefsHigh Courts

The Madras High Court observed that cases involving consensual adolescent relationships often result in the young boy facing criminal consequences due to parental differences.

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man convicted of his wife
Case BriefsHigh Courts

“It is sad commentary on our criminal justice delivery system and requires introspection and real remedial measures like increasing number of Judges, their supporting staff and infrastructure. There is not shortcut to hard work required for deciding criminal appeals. Just holding conferences and meetings can never ameliorate the situation.”

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not every insult offence under SCST Act
Case BriefsHigh Courts

“From the allegations made in the complaint, the prosecution has not proved that the accused is guilty of an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989”

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Kataria surname protected
Case BriefsHigh Courts

“The appellant’s mark is not registered, but it is using the mark ‘Kataria’ being its surname with continuity and have encashed upon it by creating a business world by use of the goodwill of their forefathers/predecessors and are banking upon the same.”

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disability certificate issued by non-treating doctor
Case BriefsHigh Courts

“A qualified medical practitioner who has not treated the injured can always give evidence on the basis of the medical reports of the injured and give a certificate on the loss of earning capacity or disability.”

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Section 279 IPC
Case BriefsHigh Courts

“Possibility of rashness and negligence by a driver cannot be negated on the mere account of low speed, especially when it is alleged that the respondent was driving a heavy vehicle, carrying material over the permissible weight limit, in a zig-zag manner prior to the accident.”

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CAPITAL as translation of RAJDHANI trademark infringement
Case BriefsHigh Courts

“Defendants have copied the trade dresses of the plaintiff in entirety, in which plaintiff has a copyright and the intent behind copying is to trade over the goodwill and reputation of the plaintiff, which it has built over the years and to misrepresent to the public that their goods have some association with the plaintiff.”

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WhatsApp chats insufficient
Case BriefsHigh Courts

“Merely relying on the WhatsApp chat, the divorce decree cannot be granted, since it is not proved by leading evidence.”

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Jal Jeevan Mission
Case BriefsHigh Courts

Larsen And Toubro Limited filed the present petition aggrieved by the inaction on the damage caused to the water pipelines laid down by them under the Jal Jeevan Mission.

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welfare measures in state-operated old-age homes
Case BriefsHigh Courts

“The true objective of such homes is realized not merely by their existence, but by ensuring that they are adequately equipped with basic amenities, medical facilities and welfare support for the residents.”

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S. 22 ID Act applicable to bank employees
Case BriefsHigh Courts

“Section 22(1), ID Act will apply squarely to the Trade Union and there is no basis for the inference that managerial or supervisory employees of higher ranks or cadres are excluded from the ID Act. The restrictions imposed under Section 22, ID Act are designed to protect the interests of the public and ensure the smooth operation of a Public Utility Service.”

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Manforce advertisement copyright
Case BriefsHigh Courts

“A comparison of the original artistic works of the plaintiff posted on Instagram with that of the infringing works of Defendants1 and 2 posted on Instagram clearly depicts, prima facie, infringement of the copyrights of the plaintiff.”

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Bio-Medical Waste Rules enforcement
Case BriefsHigh Courts

“Handling of biomedical substances demands meticulous oversight and strict adherence to scientific procedures and any administrative or institutional laxity in this sphere brings grave and irreversible consequences.”

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lack of girls toilets
Case BriefsHigh Courts

“There is not even washrooms or toilets for female students, making it difficult for them to spend even five to six hours in school. This system is a form of oppression against girls. This could be a major reason for many female students dropping out or not attending school at all.”

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Summoning Order under Section 138 NI Act
Case BriefsHigh Courts

“Issuance of summons in a criminal case is a very serious matter, since even mere issuance of summons by criminal court may stigmatise a person, who may not be required to be summonsed at all.”

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other officers can be opted by Competent Authority
Case BriefsHigh Courts

“Clause 16 of the Government Order uses the term ‘may’ and not ‘shall’, and therefore assistance of a higher authority of the department concerned is not mandatory. Mere irrelevant procedural irregularities would not vitiate the proceedings unless they have an absolute deterrent effect to destroy the prosecution case in toto.”

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