Failure to videograph recovery
Case BriefsHigh Courts

“It is clear that police has not conducted any videography of the recovery of motorcycles from the applicant or preparation of list of seized motorcycles, though, same is mandatory.”

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Facebook trade mark case
Case BriefsHigh Courts

“Where judgment debtors have substantially complied with a permanent injunction and no prior notice of breach was issued, execution proceedings cannot be used to seek additional compensation.”

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Reserved Judgment cannot be sent to successor judge
Case BriefsHigh Courts

Justice delayed is justice denied, and any attempt to prolong proceedings by reopening arguments after the matter stood closed and reserved for pronouncement of judgment is liable to be held vitiated in law.

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Cox & Kings arbitration
Case BriefsHigh Courts

“Only in rare and exceptional cases, where it is ex-facie evident the Arbitral Tribunal has passed an order patently illegal or perverse, or exercised power wholly without jurisdiction, interference from the writ court is warranted.”

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Advocates' Electoral Roll dispute
Case BriefsHigh Courts

For exclusion of provisionally enrolled Advocates from Bar Council Electoral Roll, remedy lies before Bar Council Election Committee, not writ court

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Pregnant nurse declared proclaimed offender
Case BriefsHigh Courts

The nurse contended that after cognizance was taken, she moved several applications on every date for exemption of her personal appearance as she was pregnant and unable to appear before the Trial Court.

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evidence-based damages in trade mark cases
Case BriefsHigh Courts

“It is the evidence which constitutes the bedrock for any award of compensatory or punitive damages.”

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Desire to end India-Pakistan hostilities
Case BriefsHigh Courts

“The Pen Drive containing the images and the video showed that the accused chatted with someone, and both criticised the hostilities between India and Pakistan. They advocated that all people, irrespective of their religion, should stay together, and that the war served no fruitful purpose.”

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MCA elections stay
Case BriefsHigh Courts

“The Court is entitled to examine the decision-making process, particularly as to how about 400 new members were inducted in the MCA under different categories, in the face of allegations of illegality, arbitrariness, and nepotism.”

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25 year old illegal land lease case quashed
Case BriefsHigh Courts

“The absence of any action for cancellation of deeds for such a prolonged period clearly indicates that the dispute is essentially civil and revenue in nature, and that the criminal machinery has been set in motion afterthought and as a substitute for appropriate civil remedies, which is impermissible in law.”

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Fresh Not Frozen deceptively similar
Case BriefsHigh Courts

“It is not what meaning is being assigned by the words chosen by the appellant, but the determining factor is whether it is deceptively similar.”

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Deceased driver was qualified in heavy vehicle driver category
Case BriefsHigh Courts

“A Court sitting in appeal does not substitute its own view for that of the Court below merely because an alternative view is possible.”

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Indore Water Contamination Crisis
Case BriefsHigh Courts

The Court remarked that the right to life under Article 21 of the Constitution includes the right to clean drinking water, and these petitions fell within the ambit of a public health emergency enshrined under Article 21.

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Partition suit cannot be rejected
Case BriefsHigh Courts

“The cause of action in a suit for partition is of a recurring nature and continues so long as the joint status subsists, crystallising only upon refusal of a demand for partition.”

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Flood Control can't endanger Ecology
Case BriefsHigh Courts

“An order was passed by the District Collector as the Chairman of the District Disaster Management Authority, suggesting removal of sand from the Thottappally Spillway and soil from the Thannirmukkam Bund, along with cutting of Casuarina trees obstructing water flow.”

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Amitoje foldable unit patent infringement
Case BriefsHigh Courts

“The claimed invention would be obvious to the person skilled in the art, and therefore, the defendant has been able to raise a credible challenge to the validity of the suit patent under Section 64(1)(f) of the Act.”

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tolerate abuse not cruelty
Case BriefsHigh Courts

“When these allegations are considered apposite Section 498A IPC, they do not constitute “cruelty” as defined in the explanation appended to the provision.”

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Bhagavad Gita reminds State its duty to common good
Case BriefsHigh Courts

“Regularisation cannot be claimed as a matter of right where the initial entry is illegal or plainly unconstitutional but where the engagement is long, continuous, against sanctioned vacant posts of duly qualified persons, the State is under a constitutional duty to undertake fair consideration and to complete the one-time regularisation exercise.”

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Thiruparankundram Hill
Case BriefsHigh Courts

“The number of participants in the festival shall be restricted to fifty only, and the official respondents shall strictly enforce the above directions.”

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protection to 20-year-old live-in couple
Case BriefsHigh Courts

“If you get into this struggle of life at an early age by choice, not only are your chances of enjoying the other opportunities of life are drastically affected, but your acceptance in society is also reduced.”

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