INDIA GATE trade mark
Case BriefsHigh Courts

“The power of rectification is exercisable only by the High Court exercising appellate jurisdiction over the appropriate office of the Trade Marks Registry, wherein the entry relating to the impugned mark is made.”

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Felling Of 488 Trees
Case BriefsHigh Courts

The Court remarked that the news article displayed a shocking state of affairs wherein 488 trees were sought to be axed despite the NGT declining such an action and repeated orders by the Court.

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Balasore self-immolation
Case BriefsHigh Courts

“Several laws have been enacted, and several steps have been taken by the judiciary as well as the administrative machineries to prevent such kind of occurrences. However, all such steps have gone in vain, and the society has collectively failed to save the life of a young girl.”

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High Courts to keep their hands away
Case BriefsSupreme Court

During the course of suo motu action on illegal constructions and rampant felling of trees in the Corbett Tiger Reserve, the Supreme Court granted an order of sanction vis-a-vis an officer, who then went on to challenge it before Uttaranchal High Court and obtained a stay.

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pay and recover principle
Case BriefsSupreme Court

To deny compensation to the victim/dependents of the victim, simply because the accident took place outside the bounds of the permit would be offensive to the sense of justice, for the accident itself is for no fault of his.

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Supreme Court enrollment fee limit
Case BriefsSupreme Court

“We make it clear that in future if it is brought to our notice that any of the State Bar Council is charging beyond the statutory fee prescribed, we shall proceed to hold the responsible authority guilty of contempt. This aspect should also be highlighted by the Bar Council of India in the Circular we are asking them to issue.”

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Husband has duty to empower wife
Case BriefsHigh Courts

“If the husband has a duty towards his parents, then he also has the duty to complete the course that would enhance the capability of the wife and to empower her. Equality in marital tie-up does not mean development of only one, and restrictions for the other, especially the wife.”

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intimidating Local Commissioner
Case BriefsHigh Courts

It is the case of contemnor that the alleged object was not a firearm, but a toy gun used to scare away stray animals and the said toy gun was lying on the office table prior to the inspection, which unintentionally got mixed with a pile of papers.

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false allegations of illicit relationship
Case BriefsHigh Courts

“We are aware that relationship between the parties had gone so bitter that neither of them was having any empathy for the other, but even this kind of relationship cannot be an excuse to make false allegations regarding the moral character of the other party.”

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unlawful assembly
Case BriefsSupreme Court

“The Trial Court overlooked the consistent and corroborated testimony of injured eyewitnesses and failed to appreciate the legal effect of the active participation of the appellants as members of an unlawful assembly. The High Court, in reversing the acquittal, has given cogent and well-reasoned findings based on a proper appraisal of the record.”

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Jamia Teachers Association's dissolution
Case BriefsHigh Courts

“The unilateral formulation and approval of a revised Constitution for Jamia Teachers Association, without consultation or consent of its members, undermines the autonomy of the Association and violates the right to self-governance inherent in Article 19(1)(c) of the Constitution.”

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dismissal of CRPF constable for furnishing duplicate marksheet
Case BriefsHigh Courts

“Any service especially Defense and Security Services, require a kind of trust between the employer and employee and it is all the more essential where the security of life, limbs and property of the citizens of the country are concerned.”

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Doctrine of Merger
Case BriefsHigh Courts

“While exercising the review jurisdiction, it must be borne in mind that review proceedings are not by way of an appeal and must strictly be confined to the scope of Order XLVII Rule 1 of the Civil Procedure Code, 1908”.

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Limitation begins when continuous breach of contract ceases
Case BriefsHigh Courts

“The breach continued only during the period of the contract and not upon its expiry. The Court observed that the breach was continuous, but only during the subsistence of the contract. Once the contractual period fixed by the parties had expired, the breach could no longer be considered ongoing.”

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railway officials partying in boxing ring
Case BriefsHigh Courts

“Such conduct reflected gross misconduct and disregard for the sanctity of a place meant for sports training and practice.”

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Apathy towards aged-in laws
Case BriefsHigh Courts

“Sustained neglect of marital obligations, coupled with acts designed to exacerbate discord, eroded the very foundation of the matrimonial bond.”

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Detention order executed after 45-days delay
Case BriefsHigh Courts

“If a detenue satisfied the Court that there was an unexplained delay in execution of the detention order, then such an order would be interpreted as breaking the live-proximity link in between the event of detention and passing of the detention order.”

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Madhu Kishwar
Case BriefsHigh Courts

“Even if the allegations of the complainant are taken at the highest, considering the complainants conviction in a case arising out of same incident, the same can at best be considered as a self-defense or an altercation at the stage when the complainant has formed an unlawful assemble and caused injuries to the petitioner and another person when they were carrying out certain functions assigned to them.”

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monitoring movements forcing wife to resign is cruelty
Case BriefsHigh Courts

“The continued mistrust of the husband creates an atmosphere of humiliation, fear and emotional suffering and such conduct makes it unreasonable to expect the wife to continue living with him and the wife is entitled to live with dignity and freedom through the remedy of divorce.”

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private schools Pay Commission
Case BriefsHigh Courts

The Courts, in exercise of their powers under Article 226 of the Constitution of India, can constitute committees but these committees are only fact finding in nature. Judicial functions cannot be relegated to these Committees.

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