Gold Flake trade mark
Case BriefsHigh Courts

“Substituting ‘K’ with ‘M’ to form ‘GOLD FLAME’ from ‘GOLD FLAKE’ does not make the competing Marks dissimilar. A consumer of average intelligence and imperfect recollection or not well-versed in English would be unable to distinguish between the competing products.”

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DNA test in routine manner
Case BriefsHigh Courts

In the present case, wherein the wife gave birth to a daughter on 17-12-2012, it was alleged by the husband that she had last visited him on 20-5-2011.

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Constable's appointment under Freedom Fighter quota
Case BriefsHigh Courts

If the petitioner is permitted to continue only on the sole ground that he has completed nine years’ service, it would legalize his illegal act. It would prompt many other candidates to play such tactics and get a job. It is a matter of chance that his illegality was unearthed.

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Arbitral award to TCS over cancelled exam
Case BriefsHigh Courts

“The UPLA Secretariat terminated the agreement with TCS in 2016, citing anomalies in another examination conducted by TCS for the Railway Recruitment Board.”

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Kerala Clinical Establishments Act
Case BriefsHigh Courts

“The Act does not create new constraints; rather, it operationalises the constitutional duties through a registration-cum-standards regime, a transparency mandate, and enforceable minimum requirements for emergency care and stabilisation.”

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detention period extension
Case BriefsHigh Courts

“The ‘Law and Order’ problems typically affect only individuals or small groups, whereas ‘public order’ disruptions affect the community’s normal functioning.”

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naming of government departments
Case BriefsHigh Courts

“The present is not a case warranting exercise of writ jurisdiction, as the cause espoused is purely an administrative act for the experts in the field to ponder on and this Court lacks expertise in this regard.”

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ICAI 5-year debarment
Case BriefsHigh Courts

“The report is bereft of independent findings on the report of the disciplinary committee by dealing the contentions/submissions raised by the respondent. The Council has done merely a cut-paste job and produced the entire report of the disciplinary committee in its report.”

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Amit Baghel
Case BriefsHigh Courts

“The reliefs sought by the petitioner, particularly those seeking directions for immediate arrest, the manner of investigation, supervision by a senior officer of a particular rank, and periodic status reports, amount to a prayer for judicial supervision and micromanagement of criminal investigation.”

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withdrawal of Accepted voluntary retirement
Case BriefsHigh Courts

“If it was really a case of disability of the petitioner, then she ought to have approached the Commissioner under the Disabilities Act, as it is the Commissioner who has the power under the said Act to grant appropriate relief.”

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S. 37 NDPS twin conditions
Case BriefsHigh Courts

“The petitioner was found in possession of 3.670 kilograms of charas, which was a commercial quantity and hence, the rigours of Section 37 of the NDPS Act applied to the present case.”

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Husband Refused To Divorce
Case BriefsHigh Courts

The Court remarked that when the other party opposes the prayer for divorce despite their being no possibility of them living together, such conduct of party deriving pleasure from difficulties and tension of the other party also amounts to cruelty.

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Hermes Birkin well-known trade mark
Case BriefsHigh Courts

“Hermes’ long-standing reputation and consistent use of the Subject Marks across jurisdictions establishes a continuous and significant commercial presence.”

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Trial Court lethargy in duty
Case BriefsHigh Courts

“The Trial Court after almost 11 years issued Non-Bailable Warrants to the persecution witnesses but till date, not a single witness has appeared before it to give evidence.”

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O 3+ trade mark case
Case BriefsHigh Courts

Freecia Professional is a cosmetic company selling facial kits under the house mark ‘PROADS’ similar to the plaintiff’s O 3+ range.

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Higher post in officiating capacity higher salary
Case BriefsHigh Courts

In the present case, the petitioner, who was working as Trained Graduate Teacher, was not promoted to the post of Head Master (Junior Wing) formally but had taken over the said post as the vacancy arose due to superannuation.

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interim relief to Foundever
Case BriefsHigh Courts

“There is a preliminary objection raised by ESIC Corpn. as to the maintainability of the petition before the Bench on the ground that the petition should have been filed before the Single Judge or before the Bench having the assignment of Labour and Service Matters.”

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doctor did not rise upon MLA's arrival
Case BriefsHigh Courts

During the COVID-19 pandemic, an MLA visited hospital and was annoyed that the Government Casualty Medical Officer did not rise upon his arrival. Thus, a Show Cause Notice was issued to him regarding initiation of disciplinary proceedings.

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production of call details right to privacy
Case BriefsHigh Courts

“It enables the Court to secure important documentary evidence that may be in the possession of individuals or organization and helps prevent the destruction, tampering or loss of crucial documents, thereby maintaining the integrity of the judicial process.”

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Ketan Parekh
Case BriefsHigh Courts

“The right to travel abroad has been considered to be a facet of right to life and personal liberty, and, thus, cannot be subjected to unreasonable and arbitrary restrictions, even when a person is facing a prosecution.”

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