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When substantial justice and technical considerations conflict, substantial justice should be preferred, and the right to be considered for appointment should not be defeated based on panel expiration.
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“Upon India entering into a treaty or protocol does not result in its automatic enforceability in courts and tribunals; the provisions of such treaties and protocols do not therefore, confer rights upon parties, till such time, as appropriate notifications are issued, in terms of Section 90(1).”
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“There is certainly an improvement in the matter of establishment of Commercial Courts and steps are being taken to fill up the remaining posts of District Judges, Commercial Courts.”
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“The Court failed to appreciate as to how the position, where not only does the respondent had the power to unilaterally appoint two out of the three arbitrators and compelled the petitioner to choose one of the panels of five arbitrators can be said to meet the test of ‘counter balancing’.”
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The unfilled cans which have been seized, shall be released in favour of the Defendants, which were given to them on a superdari basis, in the presence of a representative of the plaintiff. The plaintiff’s representative may accordingly visit the Defendants’ premises on 01-11-2023 at 11:00 a.m.
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“The summoning of a person repeatedly without probable cause or reasonable ground and only on the ground of suspicion alone is not in accordance with the principles of due causes and fairness”
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“The applicant is granted interim bail for a period of eight days from the date of his release, subject to his furnishing personal bond in the sum of Rs.50,000 with one surety of the like amount, to the satisfaction of the Trial Court.”
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The comparison of the features of the prior existing third party apps with Plaintiffs’ mobile app, fortifies the stand of the Defendants that the distinguishing features are not enough for the Plaintiffs to cross the threshold of idea expression dichotomy to claim originality and consequently protection in the gaming app and copyright infringement.
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“It is true that discipline is the hallmark of disciplinary forces like police and each and every member of the disciplinary forces are not supposed to violate the discipline by consuming liquor in public space or should arrive in public place in a drunken position.”
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The Court considered the question that whether the election of a contestant for the post of Sarpanch, Nakhara Gram Panchayat was void as he has more than two children?
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Madras High Court directed the State to reconsider the request of Producer to screen five shows of the film a day, in theatres, between 7:00 am and 1:30 am
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NGT had highlighted the serious functional irregularity in efficiency and competence on the part of CECB officials, holding them guilty of offence under Section 26 of NGT Act for failure to comply with NGT order.
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The certificates for the current students who are currently undergoing Class 10 and Class 12 as also other children, for the academic year 2023-2024, shall be issued under the existing name of the defendants.
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Kerala High Court regarded the wife’s email to her husband’s employer as “outcry of a desperate wife, to live with her husband, after bringing him back to normalcy”.
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Calcutta High Court noted the rising trend of consensual sexual relationships among adolescents and recognized the need to address such cases within the legal framework.
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“In the case of pharmaceutical, cosmetics, health and related wellness products a higher standard would be required to be laid down in view of the damage that such products can cause to the consumers.”
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The Calcutta High Court held that the decision in the declaratory suit would not necessarily non-suit the plaintiff in the eviction suit as the matters in issue in the two suits are not directly and substantially same.
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Earlier in a writ petition concerning the issue of continuation of V. Senthil Balaji as a Cabinet Minister of the State consequent to his arrest, the Court left it to Chief Minister MK Stalin to decide about the continuance of Senthil Balaji (who is in judicial custody) as a Minister without Portfolio
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“If the candidature is not rejected at the threshold and candidate is allowed to participate in the selection process and ultimately his name was there in the merit list, though such candidate has no indefeasible right to claim appointment, he does have a limited right of being accorded fair and non-discriminatory treatment”.
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“If mushrooming of websites, which use the name Bigg Boss, is permitted, it will boost piracy and unauthorized dissemination causing huge loss to Viacom18 Media (P) Ltd.”
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