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Plaintiffs submitted that being the ex-franchisee, Defendant 1 was clearly aware of the ownership and notoriety of the ‘MOTI MAHAL’, ‘MOTI MAHAL DELUX TANDOORI TRAIL’, ‘TANDOORI TRAIL’ and their formative marks as well as the goodwill and reputation enjoyed by the plaintiffs related to the said trade marks.
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The girl’s freedom was secured by directing her release from the custody of Shaskriya Stree Bhishekari Khikar Kendra but the relief of providing police protection was declined by the Court.
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“A prosecution witness, who was examined already, cannot be recalled by exercising the powers under Section 233 CrPC. However, such an exercise can be done under Section 311 CrPC at any stage, including that of Section 233, provided all the requirements and parameters of Section 311 are otherwise satisfied.”
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Even though in a departmental inquiry, the standard of proof is preponderance of probability, the onus to establish the charges is on the department through the Presenting Officer and once the evidence is led, the IO is required to look into the evidence of the prosecution and the defence and come to a finding, after analysis and deliberations.
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“There is no doubt that the right to liberty is enshrined in Part-III of the Constitution of India and such rights cannot be impinged except by following procedure established by law.”
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“Merely because the disciplinary authority has the power to order suspension, does not lead to the situation that he should be kept under suspension till the disciplinary proceedings are concluded.”
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“It is most unfortunate that the convicts had to undergo incarceration in prison for a period of about 14 years due to the failure of the authorities concerned to take note of the fact that they were juveniles at the time of the commission of the crime.”
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If the police is registering cases under Section 106(2) of the Nyaya Sanhita, 2023, then the individual concerned is free to avail appropriate remedy available by approaching the competent court.
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“It is true that, when the parties are in rivalry, false implication of one among them in a serious crime would be resorted to wreak vengeance and to see the obliteration of the opponent. At the same time, there may be occurrences otherwise also.”
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“Health is an essential prerequisite for human beings and plays a vital role in national development. The right to health is an essential right, without which one cannot exercise its basic human rights.”
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The controversy stems from the government’s declaration of the Nawab of Bhopal’s properties as enemy property as the Nawab’s elder daughter, Princess Abida Sultan, moved to Pakistan in 1950.
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“The applicant [MK Nasar] has been undergoing incarceration, at the pre-conviction and post-conviction phases, for over 9 years. Furthermore, the fact that the accused facing the same allegations were earlier imposed a lesser term of imprisonment and have been released after having undergone the sentence is a factor that cannot be ignored.”
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It cannot be denied that continuation of pregnancy can lead to complication at a later stage on both, the victim’s physical, psychological and mental condition. Although, the victim is suffering from severe anaemia, but team of doctors opined that she may be physically fit after correction of anaemia.
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There is sufficient material collected during investigation to indicate that the incident did take place and that slapping ‘G’ is an offence under Section 3(2)(v-a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
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Lenovo has satisfied the requirements of Section 57 of the Trade Marks Act for cancelling RPD Workstations trade mark ‘THINBOOK’.
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The issues of the under-trial prisoners or inmates in judicial custody, are required to be medically examined, particularly, the old age inmates where the likelihood of the issue of Cataract, Diabetes, Blood Pressure and other old age ailments are likely to grief such inmates.
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The Court expected the State to ensure adequate protection of the fundamental rights of Amandeep Singh Batra, including his right to life and liberty.
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“Hearing these cases, we realize how much rigid gender roles and patriarchy have trickled down into societies and guide our thoughts and actions, even in ways we do not understand, at times. We unfortunately continue to follow and perpetuate such unconsciously, which surely warrants continuous education and close introspection.”
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“The willingness of a victim to do away with unwanted pregnancy which is outcome of she having been ravished/sexually assaulted/subjected to illicit intercourse is a relevant factor to guide her reproductive choice.”
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The Court directed for the CRPF personnel to be considered as having proceeded on voluntary retirement w.e.f. 30-06-2021.
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