Codeine cough syrup case
Case BriefsHigh Courts

The prosecution alleged that the co-accused established bogus firms under different names and that transactions of these firms were carried out by accused Vibhor Rana using the bank IDs and passwords of his associates and employees, thereby facilitating the illegal sale of the cough syrup.

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quantum of maintenance
Case BriefsHigh Courts

“It does not mean that a proportionate part of a husband’s income is to be awarded to the wife and children, rather the maintenance must be in proportion to the needs of the children. The amount of Rs 50,000 per month was a meager amount for the two daughters of growing age and it was inadequate and very less.”

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police assistance for injunction order
Case BriefsHigh Courts

“Mere filing of an appeal cannot and does not operate as a stay of the order appealed against, unless an order of stay operation of the same has been passed.”

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misuse of victim compensation scheme in sexual offences
Case BriefsHigh Courts

Where prosecutrix unequivocally resiles from allegations in a voluntary statement under Section 164 CrPC, no grave suspicion survives to warrant framing of charges under Sections 328 and 376 of the IPC.

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cooperative society membership succession dispute
Case BriefsHigh Courts

The Court clarified that it had not adjudicated upon the merits of title or succession and expressly left those issues open to be decided by a competent forum in accordance with law.

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SAP personnel not entitled to superannuation
Case BriefsHigh Courts

“If any age of superannuation was to be included or read into the scheme, the same could only be done by a proper amendment and not by any recommendatory letter.”

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illegal tiger poaching
Case BriefsHigh Courts

“Such a method is not only fatal to animals but poses a grave and imminent danger to human life as well, as any unsuspecting person may come into contact with the live electric traps laid for illegal poaching.”

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Stray Dog feeding
Case BriefsHigh Courts

Presence of aggressive stray dogs on streets are causing grave risk to the lives of children, elderly people and vulnerable sections of society and also unabling them to access streets and parks because of the fear of being attacked and bitten by the rabies infected stray dogs.

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tribal woman sentence reduction over erroneous assumption
Case BriefsHigh Courts

“The discrepancy that occurred was not attributable to the petitioner in any manner; rather, it arose from a systemic lapse involving the Registry of this Court, the Trial Court, the governmental authorities, and the office of the Public Prosecutor.”

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res judicata bars re-litigation
Case BriefsHigh Courts

“Since disputes had already been subjected to arbitration and culminated in the Arbitral Award, the disputes and differences, including differences over interest payment prior to commencement of arbitration, are issues that are covered by constructive res judicata.”

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Illegal Tree Felling Case
Case BriefsHigh Courts

The Court noted that the State’s report did not mention the complete afforestation area and the number of trees that could be accommodated there. Further, a part of that area was adjacent to a city forest, i.e., trees already existed there.

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CEDON Trade Mark
Case BriefsHigh Courts

“The Defendants shall each pay a sum of Rs. 5 Lakhs as costs to the Plaintiff within a period of 8 weeks from today.”

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Audit of govt lawyer fees
Case BriefsHigh Courts

“The submission made before the Court as regards the financial wherewithal of the petitioner was factually correct, therefore, the Court did not want to doubt the statement of a counsel that he was unable to even engage a clerk for obtaining certified copies for the 818 cases.”

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substitution of ODR-appointed arbitrator
Case BriefsHigh Courts

“One cannot possibly conclude there was no consensus simply because the terms and conditions of the agreement between the parties entailed conciliation and arbitration by a named and pre-agreed Online Dispute Resolution Agency portal.”

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HOM trade mark dispute
Case BriefsHigh Courts

“Both the restaurants are premium restaurants which would obviously cater to a distinct well informed and well-educated consumer base and the likelihood of confusion is bleak in such cases.”

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HIV positive person a person of disability
Case BriefsHigh Courts

“An HIV positive employee would unquestionably be suffering long term physical impairment, which would hinder his full and effective participation in society.”

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stamp duty refund on unexecuted agreement
Case BriefsHigh Courts

“The stamp duty is not a transaction tax, but a duty payable on an instrument, which must be executed to be chargeable.”

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legal aid Indian Citizens working abroad
Case BriefsHigh Courts

“Overseas employment is a reality… When the Government is receiving benefit from the migrant workers, it has a correlative and corresponding duty to rush to their rescue when issues arise out of such overseas employment.”

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fresh remedy under Art 226 after availing statutory remedy
Case BriefsHigh Courts

“When on the same facts, a person has the right to claim one of two reliefs and with full knowledge he elects to claim one and obtains it, it is not open to him thereafter to flunk out on his election and claim the alternative relief.”

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Court of Inquiry merely a fact-finding exercise
Case BriefsHigh Courts

“The findings returned by the Court of Inquiry shall be in the nature of a preliminary report which shall facilitate the BSF authorities to decide as to whether the disciplinary proceedings against the delinquent are required to be initiated or not.”

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