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In a situation where rights available to persons with disabilities under the 2016 Act or the Rules 2017 or under any other measure involving the service-related issues are found to have been infringed or violated, the provisions of the 2016 Act will have to be given effect to.
Defendant 1 is unknown person/persons, who have fraudulently engaged with different business entities to commit fraud, impersonation and are misleading the general public into believing that they are acting on behalf of the plaintiff.
The petitioner has filed a petition seeking directions for GNCTD to take necessary steps to ensure compliance with the directions issued by the Supreme Court of India and the Delhi High Court regarding live streaming and video recording of court proceedings.
The camouflaged and coercive manner in which service charge is being collected by the restaurant establishments itself shows the unlawful nature of the charge. This would clearly constitute an unfair trade practice under Section 2(47) of the CPA, 2019 as the collection of service charge materially misleads the consumer with respect to the price at which the food is being sold.
It is beyond cavil, on a plain reading of Rule 9B, that it applies squarely and exclusively to the judicial officers who have retired from the services of DHJS alone. It does not envisage any retired judicial officer of the HJS of a State other than Delhi.
The defendants are websites that are making the plaintiff’s series/show available to the public without procuring any valid license or authorization from the plaintiff. These defendants’ websites unlawfully provide access to infringing content free of charge, without requiring users to register. The availability of such content is monetized through advertisements displayed on these platforms.
In April 2022, while conducting a market survey, the plaintiff came across the defendant’s listing on the online trade directory of www.tradeindia.com selling butyl tubes of two-wheeler and four-wheeler vehicles under the infringing marks.
It is a settled position in law that when the arbitration agreement is silent on the aspect of ‘seat’, ‘venue’ or ‘place’ of arbitration, the determining factor will be where the cause of action arises as well as where the defendant/respondent actually or voluntarily resides or carries on their business.
One has to be conscious of the intersectionality of a girl child who has undergone trauma of sexual violence. Such a victim, on being summoned by court to depose and virtually relive the trauma, is bound to get jitters and consequences like loose motions and fever etc, caused by nervousness and agony.
The unauthorized use of the “LIV” element in a manner that does not materially differentiate the defendants’ mark from the plaintiffs’ well-established “Liv.52” mark amounts to a violation of the plaintiffs’ statutory rights.
Section 28 of Customs Act, by its very nature posits, in each set of facts and circumstances, the issuance of a SCN either under Section 28(1) or under Section 28(4) of the Act and not under both. Under the circumstances, we are unable to agree that the impugned SCN under section 28(4) of the Act post the issuance of the SCN under Section 28(1) could be termed a “Supplementary Notice”.
The plaintiff uses the mark ‘JANGEER’, whereas the mark of the defendant includes an ‘I’ in place of ‘EE’ and ‘D’ in place of ‘R’ i.e., ‘JANGID’. Apart from the difference in the spellings of the marks of the plaintiff and the defendant, the manner and style of writing is also completely different. The added features in the defendant’s mark make it quite distinct from the plaintiff’s mark.
“By selling counterfeit medical products, the defendants have not only inflicted substantial financial loss upon the plaintiff but have also misled the consumers who purchased these products under the false belief that they were genuine. Given the gravity of the infringement and the extent of harm caused, compensatory damages alone would be inadequate to compensate the plaintiff.”
“The presence of ‘sexual intent’ is the determining factor in distinguishing an act of mere physical force from an act that constitutes sexual assault under the POCSO Act.”
Even if the contention of the petitioner is accepted that there was no domestic violence, then too her right to claim residence is still maintainable.
The factual matrix in this case presented a situation in which a minor student was visited with certain consequences by reason of misusing a smartphone while in school.
The possibility of marking a lien on disputed amount, whenever it is identifiable, should be explored as a more appropriate interim measure. Ideally, it should be the first and foremost option.
The Court observed that before alleging defamation based on a tweet, the plaintiff should bear in mind the conversational nature of medium and bear responsibilities for the content of its own tweets which lead to the Impugned Tweets.
Proceedings of contempt can only be initiated within 1 year of the act of contempt.
RIL has extracted the ‘Migrated Gas’, however, the said extraction/ exploration of the ‘Migrated Gas’ without any ‘explicit and express permission’ cannot be said to have been in ‘most efficient manner for betterment of the Union’, which did not belong to it and which did not entitle them to reaping any profits therefrom.