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“Petitioner has established that that it was the prior registered proprietor and prior user of the mark ‘GANESH’ and its other formative marks since 1936. The adoption and use of the mark ‘GANESH HARA MATAR’ by Respondent 1, is likely to create confusion in the market.”
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“Every woman should live a life of respect, equality and decency, free from any kind of fear, force, violence and discrimination. According to Article 21 of the Constitution of India, every citizen, including women is entitled to the right to life and dignity.”
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The Court held that the petitioner should be permitted to terminate her pregnancy because allowing the Petitioner to continue with the pregnancy can impair the mental stability of the Petitioner as she is showing suicidal tendencies.
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“Tendency to stop the recruitment process of non-SCS category candidates points out towards the greed of the State Civil Service category candidates to grab all the posts meant for State Civil Service and non-SCS category candidates.”
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These guidelines will remain in force until the Government of Madhya Pradesh examines the situation and incorporates appropriate provisions into the Madhya Pradesh Motor Vehicles Rules, 1994.
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Section 22(1) of the Maharashtra Public Trusts Act, 1950 provides for change when same is desired in the interest of the administration of public trust, therefore, changing name at the behest of and on the directions of Charity Commissioner will not fall within the provisions of Section 22(1) of the said Act.
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The Court criticized the authorities for their prolonged inertia despite prior orders and sanctioned plans.
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These petitioners, who had not even applied under the second scheme cannot be permitted to challenge the same, that too, at a belated stage i.e. after four years of the closure of such scheme.
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“Such individuals, who were involved in trafficking even modest amounts of contraband, were akin to termites eroding the fabric of society. It is imperative that in such cases, the Court takes a firm and resolute stance, addressing them with the utmost severity to curb this insidious menace.”
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“Only in cases of gross failure of the administrative machinery causing injury to the public at large who are unable to obtain any redress except with the intervention of the Court, should the Court intervene and this dividing line should be strictly maintained.”
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Madras High Court noted that in this case, the Headmaster of the School at the time of occurrence, neither informed about the sexual assault committed by the accused persons to the authorities concerned nor taken any action against them
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“When an accused is in custody under PMLA irrespective of the case for which he is under custody, any statement under section 50 of PMLA to the same investigating agency is inadmissible against the maker.”
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It is the case of the petitioner that they have been using the mark “JACK DANIEL’S” since 1895 in respect of alcoholic beverages. The petitioner is the registered proprietor of various trademarks including “JACK DANIEL’S” and other formative parts.
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Upon a person obtaining exemption, he cannot be said to be discharging liability to pay duty. The Court clarified that charging provision under Section 110(3) of Finance Act, 2018 is a percentage of customs duty paid, as collected by the Central Government. The duty paid being zero, collection is zero and the percentage of it must also be zero.
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“It is the duty of the Court to remove the chaff from the grain in its pursuit for truth. It is not open to the trial Court to throw out the entire prosecution evidence just because it was contradictory on certain aspects of the case.”
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“Excess drinking and indulging in night life in Indian society is still a social taboo. While we may not be understood to discourage night clubs, but the policy makers ought to take into consideration the Indian culture and consider that the percentage of literacy and mature understanding and repercussions of excessive drinking is yet a far-reaching goal.”
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Personal jewellery which is not found to have been acquired on an overseas trip and was always a used personal effect of the passenger would not be subject to the monetary prescriptions incorporated in Rules 3 and 4 of Baggage Rules, 2016.
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To attract the offence under Section 3061 of the Penal Code, 1860, clear mens rea to commit the offence must be established on applicant-accused’s part, as it requires active/direct act, leading the deceased to commit suicide.
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It is the obligation and bounded duty of the husband to maintain his wife and children, if he has sufficient means and neglects or refuses to maintain them in case wife is unable to maintain herself and her child.
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No separate category is carved out as an exception to the normal Rules of remission provided under Section 4321 of the Criminal Procedure Code, 1973 for a Police personnel committing heinous crime of murdering his pregnant wife.
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