substitution of ODR-appointed arbitrator
Case BriefsHigh Courts

“One cannot possibly conclude there was no consensus simply because the terms and conditions of the agreement between the parties entailed conciliation and arbitration by a named and pre-agreed Online Dispute Resolution Agency portal.”

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HOM trade mark dispute
Case BriefsHigh Courts

“Both the restaurants are premium restaurants which would obviously cater to a distinct well informed and well-educated consumer base and the likelihood of confusion is bleak in such cases.”

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HIV positive person a person of disability
Case BriefsHigh Courts

“An HIV positive employee would unquestionably be suffering long term physical impairment, which would hinder his full and effective participation in society.”

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stamp duty refund on unexecuted agreement
Case BriefsHigh Courts

“The stamp duty is not a transaction tax, but a duty payable on an instrument, which must be executed to be chargeable.”

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legal aid Indian Citizens working abroad
Case BriefsHigh Courts

“Overseas employment is a reality… When the Government is receiving benefit from the migrant workers, it has a correlative and corresponding duty to rush to their rescue when issues arise out of such overseas employment.”

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fresh remedy under Art 226 after availing statutory remedy
Case BriefsHigh Courts

“When on the same facts, a person has the right to claim one of two reliefs and with full knowledge he elects to claim one and obtains it, it is not open to him thereafter to flunk out on his election and claim the alternative relief.”

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Court of Inquiry merely a fact-finding exercise
Case BriefsHigh Courts

“The findings returned by the Court of Inquiry shall be in the nature of a preliminary report which shall facilitate the BSF authorities to decide as to whether the disciplinary proceedings against the delinquent are required to be initiated or not.”

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Inter-Operable Criminal Justice System
Case BriefsHigh Courts

“ICJS has been established to make justice delivery system more effective by integrating main pillars of criminal justice, i.e., the police (CCTNS), courts (e-courts), jails (e-prisons), forensic lab (e-forensic) and prosecution (e-prosecution).”

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Right to Dignity
Case BriefsHigh Courts

While the media enjoys freedom of speech and expression, but such right is not absolute and stands correspondingly delimited by the right of an individual to dignity and reputation.

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intra-court appeal patent disputes
Case BriefsHigh Courts

“Any expansion of the scope of the Commercial Courts Act would defeat its objectives, and there is no ambiguity regarding appeals from decrees of Commercial Courts and Commercial Divisions under Section 13 of the Commercial Courts Act.”

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Veterinary care in Lakshadweep
Case BriefsHigh Courts

The grievance was that livestock across inhabited islands were left without access to qualified and registered Veterinary Surgeons, resulting in prolonged absence of medical care.

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Sar tan se juda
Case BriefsHigh Courts

The slogan was first used in Pakistan and thereafter was spread to India and has been widely misused by certain Muslims just to intimidate people of other religions and to challenge the authority of the State.

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Kerala High Court Sabarimala
Case BriefsHigh Courts

The incidents that led to the case has deeply hurt the religious sentiments of scores of Ayyappa devotees and pilgrims.

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territorial jurisdiction in trademark cases
Case BriefsHigh Courts

The Court held that “the conclusion arrived at by the learned Single Judge that this Court did not have the territorial jurisdiction to entertain the suit cannot be faulted.”

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Law and order no ground for disobedience
Case BriefsHigh Courts

“Law and order cannot be a ground for flouting a court’s order, as that would be inexcusable, amount to a breakdown of law and order, and ultimately lead to paralysis of the constitutional machinery.”

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caste abuse to occur in public view
Case BriefsHigh Courts

“The incident is averred to have transpired within close precincts, specifically within the four corners of the walls of the shop premises. This description denotes a spatially confined and enclosed environment, shielded from casual public access and observation.”

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Bail rejection police officials abduction
Case BriefsHigh Courts

“The Magistrate undeniably is vested with the powers to accept the charge sheet as it is or independently apply his mind to the facts emerging from the investigation and take cognizance of the case, as he deems fit.”

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Altruistic kidney donation
Case BriefsHigh Courts

“Petitioner being a Doctor by profession, major in age, and knowing all the aspects relating to the donation of the kidney… thereto, her request has to be given due credence and accepted and put in action.”

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temporary employee entitled to maternity benefits
Case BriefsHigh Courts

“Every woman shall be entitled to maternity benefit at the rate of her average daily wage for the period of her actual absence, including the day of her delivery as well as the days immediately preceding and following her delivery.”

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Bombay High shocked at unsafe childbirth
Case BriefsHigh Courts

“Government is bound to give good health facilities to the citizens and it should reach to every citizen.”

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