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A non-obstante clause is generally incorporated in a statute to give an overriding effect to a particular section or the statute as a whole. While interpreting a non-obstante clause, the court is required to find out the extent to which the legislature intended to do so and the context in which the non-obstante clause is used.
This rule of interpretation has been applied in several decisions.
#IOS@CurrentLegalGK
What does non-obstante clause meansA non-obstante clause is generally incorporated in a statute to give an overriding effect to a particular section or the statute as a whole. While interpreting a non-obstante clause, the court is required to find out the extent to which the legislature intended to do so and the context in which the non-obstante clause is used.
This rule of interpretation has been applied in several decisions.
#IOS@CurrentLegalGK
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Supreme Court Explains Criteria For Grant Of Interim Injunctions In Trademark Infringement Cases
https://www.livelaw.in/supreme-court/supreme-court-explains-criteria-for-grant-of-interim-injunctions-in-trademark-infringement-cases-301179
https://www.livelaw.in/supreme-court/supreme-court-explains-criteria-for-grant-of-interim-injunctions-in-trademark-infringement-cases-301179
www.livelaw.in
Supreme Court Explains Criteria For Grant Of Interim Injunctions In Trademark Infringement Cases
The Supreme Court recently laid down the criteria to be generally applied while deciding the cases of trademark infringement. The Court said that although the Trade Marks Act, 1999 does not...
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Supreme Court Explains Criteria For Grant Of Interim Injunctions In Trademark Infringement Cases https://www.livelaw.in/supreme-court/supreme-court-explains-criteria-for-grant-of-interim-injunctions-in-trademark-infringement-cases-301179
Following criteria are generally applied in granting injunction(i) Serious question to be tried / triable issue:
The plaintiff must show a genuine and substantial question fit for trial. It is not necessary to establish a likelihood of success at this stage, but the claim must be more than frivolous, vexatious or speculative.
(ii) Likelihood of confusion / deception
: Although a detailed analysis of merits is not warranted at the interlocutory stage, courts may assess the prima facie strength of the case and the probability of consumer confusion or deception. Where the likelihood of confusion is weak or speculative, interim relief may be declined at the threshold.
(iii) Balance of convenience:
The court must weigh the inconvenience or harm that may result to either party from the grant or refusal of injunction. If the refusal would likely result in irreparable harm to the plaintiff's goodwill or mislead consumers, the balance of convenience may favor granting the injunction.
(iv) Irreparable harm
: Where the use of the impugned mark by the defendant may lead to dilution of the plaintiff's brand identity, loss of consumer goodwill, or deception of the public β harms which are inherently difficult to quantify β the remedy of damages may be inadequate. In such cases, irreparable harm is presumed.
(v) Public interest
: In matters involving public health, safety, or widely consumed goods, courts may consider whether the public interest warrants injunctive relief to prevent confusion or deception in the marketplace.
PERNOD RICARD INDIA PRIVATE LIMITED & ANOTHER
VERSUS
KARANVEER SINGH CHHABRA
2025
@CurrentLegalGK
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#Tip@CurrentLegalGK
Always the judgments of substantive law must be read with facts .
Eg. BNS, ICA, Tort, POCSO, DV, Dowry
Always the judgments of substantive law must be read with facts .
Eg. BNS, ICA, Tort, POCSO, DV, Dowry
Why?ο»Ώ
To avoid reading multiple judgments with different reasoning because reasoning differs with facts but the core reasoning will get build up once you read analysis of some important judgments on substantially varied facts.
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https://indianexpress.com/article/opinion/columns/best-of-both-sides-sc-order-on-stray-dogs-overlooks-that-compassion-is-what-makes-a-city-a-home-10190013/?utm_source=chatgpt.com
#Quote_@CurrentLegalGK
βTruth is found not in the extremes, but in the reconciliation of opposites.β
~Hegel
βTruth is found not in the extremes, but in the reconciliation of opposites.β
~Hegel
Hearing best of both sides help us reach the true balance.
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4037820222025-08-18-615982.pdf
507 KB
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Woman 'Manipulating' Minor Boy Into Penetrating Her Is Sexual Assault Under Section 3 POCSO Act: Karnataka High Court
https://www.livelaw.in/high-court/karnataka-high-court/karnataka-high-court-rules-woman-inducing-minor-boy-offence-pocso-act-301205
https://www.livelaw.in/high-court/karnataka-high-court/karnataka-high-court-rules-woman-inducing-minor-boy-offence-pocso-act-301205
www.livelaw.in
Woman 'Manipulating' Minor Boy Into Penetrating Her Is Sexual Assault Under Section 3 POCSO Act: Karnataka High Court
The Karnataka High Court has said that a woman who manipulates or induces a child (minor boy) to penetrate her, is a circumstance that falls squarely within the ambit of penetrative sexual assault
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'We'll Be Just Expressing A View On Law, Not On TN Governor Decision' : Supreme Court On Presidential Reference Over Bill Timelines
https://www.livelaw.in/top-stories/well-be-just-expressing-a-view-on-law-not-on-tn-governor-decision-supreme-court-on-presidential-reference-over-bill-timelines-301299
https://www.livelaw.in/top-stories/well-be-just-expressing-a-view-on-law-not-on-tn-governor-decision-supreme-court-on-presidential-reference-over-bill-timelines-301299
www.livelaw.in
'We'll Be Just Expressing A View On Law, Not On TN Governor Decision' : Supreme Court On Presidential Reference Over Bill Timelines
The Constitution Bench of the Supreme Court, which is hearing the Presidential Reference on the issue relating to Bills, orally observed during the hearing on Tuesday (August 19) that it was only...
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'We'll Be Just Expressing A View On Law, Not On TN Governor Decision' : Supreme Court On Presidential Reference Over Bill Timelines https://www.livelaw.in/top-stories/well-be-just-expressing-a-view-on-law-not-on-tn-governor-decision-supreme-court-on-presidentialβ¦
We are in advisory jurisdiction, we are not in appellate. In Article 143, the court can render an opinion that a certain judgment does not lay down correct law but it will not overrule the judgment," Justice Surya Kant stated.
@CurrentLegalGK
@CurrentLegalGK
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Mere Abuse In A Filthy Language Does Not Attract Offence Of Criminal Intimidation U/s 506 IPC: SC [Read Judgment]
https://www.livelaw.in/top-stories/abusing-a-person-is-not-criminal-intimidation-144562
https://www.livelaw.in/top-stories/abusing-a-person-is-not-criminal-intimidation-144562
www.livelaw.in
Mere Abuse In A Filthy Language Does Not Attract Offence Of Criminal Intimidation U/s 506 IPC: SC [Read Judgment]
The Supreme Court has observed that mere act of abusing a person in filthy language does not satisfy the ingredients of the offence of Criminal Intimidation (Section 506 IPC). The bench...
JLO NOTIFICATION OUT.pdf
7.9 MB
JLO NOTIFICATION
5 Seats for General
Easy syllabus with focus on language (hindi included)
see Page 4 special focus on government working related provisions.
@CurrentLegalGK
5 Seats for General
Easy syllabus with focus on language (hindi included)
see Page 4 special focus on government working related provisions.
@CurrentLegalGK
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Failure To Frame Counter Claim As An Additional Issue When It Forms Part Of Pleadings Is Patently Illegal: Delhi High Court
https://www.livelaw.in/high-court/delhi-high-court/failure-to-frame-counter-claim-as-an-additional-issue-when-it-forms-a-part-of-the-pleadings-though-not-prayer-clause-patently-illegal-delhi-high-court-301310
#Arbitration@CurrentLegalGK
https://www.livelaw.in/high-court/delhi-high-court/failure-to-frame-counter-claim-as-an-additional-issue-when-it-forms-a-part-of-the-pleadings-though-not-prayer-clause-patently-illegal-delhi-high-court-301310
#Arbitration@CurrentLegalGK
www.livelaw.in
Failure To Frame Counter Claim As An Additional Issue When It Forms Part Of Pleadings Is Patently Illegal: Delhi High Court
The Delhi High Court Bench of Justice Jasmeet Singh has observed that once the reasons/basis for a counter claim, the amount and computation of the counter claim had been made in the Reply, it does...
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Irretrievable Breakdown of Marriage
https://www.livelaw.in/articles/article-142-of-constitution-and-irretrievable-breakdown-of-marriage-as-ground-for-divorce-analysis-301373
https://www.livelaw.in/articles/article-142-of-constitution-and-irretrievable-breakdown-of-marriage-as-ground-for-divorce-analysis-301373
www.livelaw.in
Irretrievable Breakdown of Marriage
βIrretrievable breakdown of marriageβ as a ground for divorce is not yet statutorily recognized by the Indian Law Maker. I do not know about the position in other countries where the βcultureβ,...
Frozen Without Warning: How Account Freezing Has Become India's Silent Financial Punishment
https://www.livelaw.in/articles/frozen-without-warning-account-freezing-become-indias-silent-financial-punishment-301319
https://www.livelaw.in/articles/frozen-without-warning-account-freezing-become-indias-silent-financial-punishment-301319
www.livelaw.in
Frozen Without Warning: How Account Freezing Has Become India's Silent Financial Punishment
In India's expanding maze of financial regulation, account freezing has quietly morphed from a protective measure into a blunt weapon. A single instruction from an investigating agency can lock a...
Forced To Resign: A Legal Vacuum Being Exploited By IT Companies
https://www.livelaw.in/articles/forced-to-resign-a-legal-vacuum-being-exploited-by-it-companies-301206
https://www.livelaw.in/articles/forced-to-resign-a-legal-vacuum-being-exploited-by-it-companies-301206
www.livelaw.in
Forced To Resign: A Legal Vacuum Being Exploited By IT Companies
The recent announcement of a planned mass layoff at Tata Consultancy Services (TCS), expected to affect around 12,000 employees globally, has caused widespread concern. It has once again...