father living with second wife without divorce
Case BriefsHigh Courts

“This Court cannot be oblivious of the future aspect that there is no certainty that the child will get better love, affection, and good atmosphere from his step-mother, in comparison to what he has been receiving from his mother since birth.”

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TRACKON trade mark
Case BriefsHigh Courts

“Where a word constitutes a prominent and essential part of a registered composite/label mark, the unauthorised use of that word would amount to infringement within the meaning of Section 29(9) of the Trade Marks Act.”

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Inadequate Teachers in MP Govt Schools
Case BriefsHigh Courts

The petitioner contended that 499 schools were inadequately staffed and 102 schools had no teachers available.

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Indoor management in cooperative housing disputes
Case BriefsHigh Courts

“The Secretary allegedly acted beyond his authority and entered into a series of transactions with the Heirs and the Assignee, which included a Deed of Confirmation reaffirming the 1980 lease, a Deed of Modification that removed the restrictions on built-up area and height, and a Deed of Assignment transferring leasehold rights to the assignee.”

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recall of witness in POCSO case
Case BriefsHigh Courts

A witness who has already been examined and cross-examined, cannot be recalled and re-examined to deny the evidence he has already given before the trial court and no opportunity at a later stage can be given to him to completely efface the evidence already given by him under oath.

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penal acts non transferable to legal heirs
Case BriefsHigh Courts

“If the employee’s father was allegedly found to be involved in an offence under Section 5 of the 2006 Act, the same did not mean that the employee was to be perceived, projected, painted and put to bad treatment by passing the impugned suspension order.”

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maintenance to wife whose brother shot her husband
Case BriefsHigh Courts

“If a wife, by her own acts or omissions, causes or contributes to the incapacity of her husband to earn, she cannot be permitted to take advantage of such a situation and claim maintenance.”

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AKASA AIR trademark infringement
Case BriefsHigh Courts

“The balance of convenience lies in favour of the Plaintiff, and if the Defendants are not restrained, the Plaintiff would suffer irreparable injury which cannot be adequately compensated in terms of money.”

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Railway employee travelling on pass held bona fide passenger
Case BriefsHigh Courts

“Merely because an employee holding a valid pass fails to mention details himself, it cannot be held that he was travelling without a valid pass.”

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State guidelines outsiders trafficking
Case BriefsHigh Courts

“This crime has devastating consequences for the physical, cognitive, and socio-emotional development of children, who often suffer lifelong health issues, severe trauma-related disorders, anxiety, depression, difficulties in social integration.”

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father who impregnated minor daughter
Case BriefsHigh Courts

“The social circumstances and the economic status of the family may have compelled the Prosecutrix and her mother to give contradictory statements or to turn hostile. However, in such cases the Court cannot completely ignore the scientific evidence which has come on record.”

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Messe Frankfurt denied relief
Case BriefsHigh Courts

“There were no traceable clandestine or fraudulent activities by Netlink and its Director in organising the impugned exhibitions for the ostensible organiser, and therefore it was unnecessary to undertake the exercise of lifting the corporate veil or applying group of companies doctrine.”

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Indore Water Contamination Crisis
Case BriefsHigh Courts

The respondents contended that there was a possibility of manipulation of the original relevant record relating to the tender of laying a separate drinking water pipeline in Bhagirathpura and sample reports of M.P. Pollution Control Board.

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GST on Assignment of leasehold rights
Case BriefsHigh Courts

“The transaction pertained exclusively to transfer of benefits arising out of immovable property and had no nexus with the business of the petitioner company.”

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TIGER BRAND trade mark
Case BriefsHigh Courts

“The mark ‘TIGER’ is publici juris and common to trade and is not uniquely identifiable with a particular goods or services of the Plaintiff.”

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closure of Madarsa
Case BriefsHigh Courts

“Madarsa will not be entitled to claim any government grant till it is recognized, and the Madarsa Education Board will not be obliged to permit the students of the Madarsa in examination conducted by the Madarsa Board.”

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Enforcement of Orders under S. 24 of UP Revenue Code
Case BriefsHigh Courts

“Despite having successfully navigated the statutory procedures, undergoing summary inquiries, site inspections, and obtaining final execution orders for affixation of boundary marks, the petitioners find themselves to be in a situation where the end relief remains illusory.”

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suit proceeds de novo
Case BriefsHigh Courts

“Once it is concluded that the initial proceedings were held before a court that lacked jurisdiction, the written statement and other evidence that may have been led by the parties before the said court become non-est in the eyes of law.”

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Bar Association not State
Case BriefsHigh Courts

“Bar Association is a body of private individual lawyers and in normal discharge of its functions, it does not perform any function which can be said to be a public function”

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Major victim cannot be detained in protective home
Case BriefsHigh Courts

“Mere fact that the victim was alone, by itself, could not have been a justifiable ground to detain her in a protective home.”

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