Free speech not a licence to vilify communities
Case BriefsSupreme Court

The Supreme Court emphasised that freedom of speech does not extend to vilifying communities, with Justice Ujjal Bhuyan underscoring fraternity as a constitutional value. The Court’s observations came while examining objections to the ‘Ghooskhor Pandat’ movie title.

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right to live with dignity in hygienic environment
Case BriefsHigh Courts

“One of the integral aspects of a healthy life is hygienic environment. Absence of a healthy environment would frustrate the right of the petitioner to live with dignity.”

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National Honour Act
Case BriefsHigh Courts

“Neither the statement of the watchman nor any material collected by the prosecution on record indicated that the applicant hoisted or displayed the Indian National Flag, or was involved in its display, on 26 January 2017.”

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Chacha trade mark infringement
Case BriefsHigh Courts

“CHACHA, though otherwise a word of common usage, has clearly no connection with sarees or garments. There is no basis, therefore, for a Court to hold that, when used in connection with the sarees or garments, the word CHACHA is not distinctive.”

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set aside arbitral award findings not alive and final
Case BriefsHigh Courts

“It is trite law that if the Arbitrator fails to decide the counter claim in accordance with law, it will vitiate the award and that it is within the Arbitrator’s jurisdiction to decide both the claim and counter claim.”

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Jubin Nautiyal personality rights
Case BriefsHigh Courts

“Jubin Nautiyal is a well-known, popular and well-accepted personality and if the ex-parte ad-interim injunction and other directions, as sought, are not passed, irreparable loss and injury which may not be compensated in monetary terms.”

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compensation rights for casual drivers
Case BriefsHigh Courts

“Merely because the period for which the driver was recruited or employed is not mentioned, that cannot be a ground to reject the claim.”

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disclosure of employer-employee matter
Case BriefsHigh Courts

In the case at hand, information regarding copies of the pay slips/details of the salary paid to an employee was sought.

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interfaith live-in couples
Case BriefsHigh Courts

“The right to human life is to be treated on a much higher pedestal, regardless of a citizen’s religious belief. The mere fact that the petitioners are living in an interfaith relationship would not deprive them of their fundamental right as envisaged in the Constitution, being citizens of India.”

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homemaker unpaid contribution
Case BriefsHigh Courts

“The capacity to earn and actual earning are distinct concepts, and as per settled law, mere capacity to earn cannot be a ground to deny maintenance. The real test is whether the wife is actually earning.”

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audit of court facilities
Case BriefsHigh Courts

The present writ petition was filed by an advocate seeking provision of amenities for specially abled persons to access the Court premises.

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EdTech platform's right
Case BriefsHigh Courts

“The respondent has neither challenged the rankings made by the ranking agencies, nor has it exercised its right to be forgotten by making a request to Google to efface its existence from the Google search results.”

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property usage essential to determine commercial dispute
Case BriefsHigh Courts

“The appellants have admitted in the plaint that they have been using the suit premises for the purposes of their trade and commerce for the last more than 10 years. When the parties entered into the said agreement to sell in respect of the suit premises, appellants were in possession of the shops as tenants and were using the same even then for their trade and commerce.”

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Ancestral property attachment under PMLA
Case BriefsHigh Courts

“The plea of the property being ancestral does not ipso facto grants immunity from attachment under the PMLA.”

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Case BriefsHigh Courts

To the extent that the course studies would begin in July, the Court held that there was no occasion to allow for revision of the entire merit list on the strength of a single challenge.

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Telecom operators to pay Reserve price
Case BriefsSupreme Court

“Having slept over the matter for that length of time, the DoT cannot take advantage of its own lassitude and seek to mulct upon the respondent interest liability for that period.”

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withdrawal of charge sheet does not disrupt service
Case BriefsHigh Courts

“Because of the order restoring status-quo ante as operating prior to 18 December 2010, the petitioner continued to be an employee of Memon Co-operative Bank Ltd. and was entitled to all the benefits which were available to other employees who were absorbed by Bank of Baroda on amalgamation.”

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contempt case against advocate
Case BriefsHigh Courts

“An advocate with over 40 years of legal practice is expected to show greater restraint, if not circumspection, as he is as much an officer of the Court as the Judge presiding over it.”

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Default bail under MCOCA
Case BriefsHigh Courts

The Court held that extension of the investigation period under the Maharashtra Control of Organised Crime Act, 1999, by a Link Judge, during the absence of the designated Special Judge, does not render custody illegal or entitle the accused to default bail.

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proportionality in disciplinary punishment
Case BriefsHigh Courts

Public dissemination of allegations by a PSU employee through social media may attract disciplinary consequences. However, where misconduct does not demonstrate corruption or moral turpitude, severance from service violates the doctrine of proportionality.

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