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The Court stated that it is open for the intermediaries to communicate with the YouTubers to adjust their accounts to remove infringing content. A large following or long-standing channel is no defence unless prior use before the National Stock Exchange (NSE) can be proven.
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“Such unauthorized use does not only lead to unjust commercial enrichment but also infringes on the individual personality rights and in cases of a pornographic content tarnish the plaintiff’s reputation and goodwill.”
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“The Right to Life enshrined under Article 21 of the Constitution is not merely a guarantee against the unlawful taking of life, but a positive mandate upon the State to ensure a safe environment where human life is preserved and valued.”
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The FIR alleged that he was operating a fake Embassy illegally in Kavi Nagar, Ghaziabad, by hoisting flags of various countries and putting diplomatic number plates on vehicles to defraud people. The Embassy did not have the permission of the Ministry of External Affairs.
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“There is no question of vesting any unfettered, untrammelled, or unchanneled discretion in the governmental authority, as the discretion must be exercised judiciously, after due application of mind and for the public good.”
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“Prima facie, it emerges that the IO is acting under pressure or is ‘persuaded’ by some other factors. We need not say anything more at this stage.”
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Initiation of administrative proceedings for disciplinary action against the appellant, we unhesitatingly hold, was bad in law and non est.
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“Prima facie, the State Government had acted based on the liberty granted by the Coordinate Bench, since the earlier Government Orders had failed due to lack of proper gazette notification. However, the State Government had acted bona fide based on the earlier judicial pronouncement.”
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“Alternate Dispute Resolution mechanisms or more particularly, arbitration, can only be the chosen method if both/all parties to the dispute can agree that it will be so. This freedom is not only insofar as choosing the medium, but it also encompasses choice of forum, applicable law and to some extent even procedural norms.”
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Kerala HC, in suo motu proceedings on complaint regarding Kodungallur Temple, directs comprehensive scheme for sanitation, drinking water, and devotee management across all temples under Board control
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The jurisprudence pertaining to the grant of divorce under Article 142(1) on the ground of irretrievable breakdown of marriage has been developed with caution through various judgments.
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“We must be alive to the situation that UPPUCRA was enacted to curtail an emergent situation in society, where, certain persons go about not professing or propagating their religion, but thrusting it upon others in the belief that the religion they believe in must be followed by others.”
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“If the press and the media are doing their duty fairly and accurately … the courts should restrain itself from dragging them into courts on the mere asking.”
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The petitioner highlighted issues pertaining to widespread creation and circulation of AI generated videos on digital platforms posing serious threat to public order and functioning of a healthy democracy.
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“In India, the concept of legal aid is closely tied to the vision expressed in the Preamble of the Constitution, which promises justice be it social, economic, and/or political, along with equality of status and opportunity, and affirms the secular character of the State.”
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Minor differences and addition of house mark cannot outweigh phonetic and structural similarity between competing marks.
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“Protection of natural resources and fragile ecosystems is not only a statutory obligation but a constitutional imperative.”
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“A fatal impulse or ill-fated thoughts of the suicide, however unfortunate and touchy it may be, cannot fray the fabric of the provision contained in Section 306 IPC.”
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“If both the giver and the taker are penalised, no giver of dowry can be expected to come forward to make a complaint, being under the threat of being prosecuted himself.”
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“While the organised sectors may be regulated through government orders and legislative intervention, the unorganised sector requires a more facilitative mechanism. However, beyond regulatory frameworks, what remains imperative is, a sustained and pervasive effort to sensitise all segments of society, reaching every corner of the State to foster awareness, empathy and compliance.”
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