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“The plaintiffs are the prior adopters and long-standing users of the subject mark ‘HIMALAYA’ since 1930 in connection with ayurvedic, wellness, pharmaceutical and personal care products.”
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“The fact that the same authority first remanded the matter for enhanced punishment and then, being dissatisfied even with the enhanced penalty of four increments, proceeded suo motu to impose the maximum penalty of dismissal, raises a serious doubt regarding the objectivity and fairness of the process.”
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The jurisdictional pre-condition for reference to arbitration is the concluded contract between the parties and their intention to refer the dispute to arbitration and in absence of the same, a foreign award would run contrary to the Public Policy of India.
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The accused had been apprehended with pouches of MDMA, charas and ganja. The MDMA was later found to be methamphetamine by the forensic lab report.
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“There is no lien on the certificate of the students since the certificate of the student is his/her property.”
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“The relief sought is not in respect of any specific incident or against any person who may have committed any such incident as is alleged in the writ petition or the relief clause.”
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The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be used for summary property disputes.
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The Court held that Nescafe Premix is classifiable under Entry C-II-3 and not under the general Entry C-II-18(2) of the Bombay Sales Tax Act, 1959.
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“In interpreting items in statutes whose primary object is to raise revenue and for which purpose they classify diverse products, articles and substances, resort should be had not to the scientific and technical meaning of the terms or expressions used, but to their popular meaning.”
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“The moment a higher court stays a conviction, the anathema of conviction goes out of the window and the person against whom such conviction is stayed, though not absolved, cannot be stated to be a convicted person.”
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CCI has jurisdiction to investigate allegations of abuse of dominant position in the broadcasting market, irrespective of TRAI’s regulatory framework.
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“Even assuming the married lady had some relation prior to her marriage with the applicant, and that the applicant had lent money to her on assurance of marriage, that cannot be construed as giving a license to the applicant to post objectionable post over the social site.”
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“No religion prescribes that prayers should be performed by disturbing the peace of others nor does it preach that they should be through voice amplifiers or beating of drums.”
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The Court ordered reconsideration of a herbicidal composition patent application.
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“Copyright protection is granted to an artistic work under the Act, only if the said work meets the threshold of originality.”
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“Prolonged incarceration without trial amounts to infringement of right of an accused enshrined under Article 21 of the Constitution of India.”
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“Only the Southern Cult residents of Kancheepuram are entitled to Adhiapaka Mirasi. Northern Cult members may join only as ordinary worshippers.”
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“The petitioner claiming appointment on the basis of grandfather’s land being acquired almost 45 years back and claiming to be a project affected persons was contrary to the advertisement.”
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The directions are to be complied in letter, spirit, and execution, as they are indispensable to regulating the inbound flow of pilgrims and paramount for safeguarding the life, health and safety of every devotee visiting Sannidhanam and the Sanctity of the Holy Temple.
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In a case pertaining to cyberfraud of Rs. 2,02,00,000 through digital arrest, the High Court issued sweeping directions to Additional Chief Secretary, Home, Director General of Police , Director General, State Crime Record Bureau and Cyber for issuance of necessary notifications, circulars, standard operating procedure etc., to handle the issue of rising cybercrime in State of Rajasthan.
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