Bringing you the Best Analytical Legal News
“The prosecutrix is not an accomplice but rather the victim and the sole injured witness of the assault, and thus her evidence assumes great evidentiary value. But where she declines to identify the perpetrators, she is either a consenting party, or the persons being tried are not the actual perpetrators.”
Continue reading
“The balance of convenience does not persuade this Court to grant a blanket stay on the impugned Survey.”
Continue reading
“The live and reasonable nexus between the alleged activities and purpose of detention was irretrievably lost by the unexplained delay of nearly over a year.”
Continue reading
“The identity in the defendant’s marks is so close to Mankind’s trade marks that the two are indistinguishable. The infringing activities of the defendant is likely to cause confusion in the course of trade of Mankind leading to erosion of consumers’ trust.”
Continue reading
The Court pointed out that no employee can be forced to contract out of his statutory rights, however, unfortunately, the practice of extracting undertakings from employees who have been reinstated after tedious litigation is common. These exploitative undertakings often pertain to forgoing past service benefits and are obtained by placing the employees under duress.
Continue reading
The accused has undergone inordinate incarceration for 4 years and 3 months. Even otherwise, given the snail’s pace of the proceedings in the Trial Court, it may so happen that before the same concludes, the applicant may end up undergoing the entire sentence without being held guilty.
Continue reading
“Asha Bhosle has the right to control the use of all facets of her personality since the same formed part of her exclusive Personality Rights and the misappropriation of the same without her consent was liable to be restrained not only on the basis of the publicity rights but also on the basis of the tort of dilution, more particularly, tarnishment.”
Continue reading
“Naresh Goyal is aggrieved by his account being classified as “fraud” by the Bank of India. He has not been served with any order passed by the Bank classifying his accounts as “fraud”. It is therefore evident that the earlier classification of his account by the Bank as “fraud” is without any justification or reasons.”
Continue reading
“The scope of the intervention of the court in arbitral matters is virtually prohibited, if not absolutely barred.”
Continue reading
The Advocate failed to inform the appellant that the case had been withdrawn by the opposite party three years ago, thus the Court stated that right created in favour of one party cannot be taken away when the delay was a direct result of the negligence and inaction of other party.
Continue reading
“Where two persons may be registered proprietors of marks, which are identical or deceptively similar to each other, neither person would be allowed to interfere with the exclusive right of the other person to use the mark, though each of them would have a right of injunction against a third party, who may not be a registered proprietor of the mark.”
Continue reading
“A Company which is faceless in India, cannot on the basis of baseless allegations, come forward and challenge the laws of the nation.”
Continue reading
The problem that Malabar Gold now faces is that several posts/materials/stories are being posted on social media platforms against it by random persons seeking to connect Malabar Gold with the neighbouring country.
Continue reading
“Anupam Mittal could not be alleged to have committed any offence in his personal capacity.”
Continue reading
“The evidence, whether oral, documentary, or circumstantial, falls short of establishing the essential ingredients of the alleged offence of bribery.”
Continue reading
“Bihar Prohibition and Excise Act does not prohibit sale etc. of the non-alcoholic substances in conformity with the standard set by the BIS”
Continue reading
“Time and again this Court has cautioned the Courts to eschew the tendency to pass strictures and remarks against the public servants unless the same was absolutely necessary for disposal of the case and the concerned officer has been put to notice.”
Continue reading
The Court observed that merely because the girl had now given birth to a child the acts of the applicants could not be brushed aside.
Continue reading
“The infraction of the rights of the appellant can take place in various shapes like dilution of its mark, initial interest confusion, and actual confusion.”
Continue reading
“If he will be allowed to go scot free, message will go in the society that anything can be stopped to be delivered by a Judge for if such type of hooliganism is made in the open Court.”
Continue reading