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The present case has highlighted the importance of maintaining a balance between protecting fair access to standardized technologies and protecting intellectual property rights.
“Section 38(2) of the Representation of the People Act, 1951, does not treat the equals as unequals, as the candidates belonging to recognized political parties, registered political parties and independent political parties stand on a different footing.”
“There is an imperative necessity to balance the inventor’s interest and secure public interest and thus ensure that the claim does not travel beyond the invention itself.”
“The absence of guidelines cannot ipso facto result in invalidation of Bihar Private Schools (Fee Regulation) Act, 2019, especially one in the nature of regulation aimed at ensuring that education is not commercialized and reduced to mere means of profiteering.”
“A party can only seek permission from a Court to reserve its rights to urge a challenge at a later point of time. For that, such rights must be in existence in praesenti, when the plea is made, or should be foreseeable as arising in the future.”
“The very fact that the wife had not only claimed but also accepted pendente lite maintenance during the appeal from the first husband fortifies that the marriage was not finally dissolved.”
Having regard to larger ramifications of NN Global case, the Supreme Court viewed that proceedings should be placed before a seven-judge bench to reconsider the correctness of the view by a five-judge bench.
“The legislature itself has defined the books and newspapers separately. The wrath of Article 14 of the Constitution is attracted only when equals are sought to be treated differently.”
“Fiscal legislation having uniform application to all registered persons, cannot be said to be violative of Article 19(1)(g) of the Constitution and the question of such statutory provision being violative of Article 302 of the Constitution and in teeth of Article 13 of the Constitution of India does not arise at all.”
by Vasanth Rajasekaran †
Cite as: 2023 SCC OnLine Blog Exp 38
On 13-4-2023, the Ministry of Road Transport and Highways notified the Central Motor Vehicles (Third Amendment) Rules, 2023 to amend the Central
The parties may choose to enter two different contracts covering the same transaction at different points of time, however, the purchase orders do not in any manner supersede the contract between the parties.
Delhi High Court: In a case where application was filed by Nokia under Order 39 Rule 10 of CPC, the
Bombay High Court: While hearing a challenge to the Government Notification dated 04/10/2022 changing the jurisdiction of Dept Recovery Tribunals
“A difference in the seniority of a particular officer is not the same as a difference in their ranks.”
Calcutta High Court: Md. Nizamuddin, J. decided on a petition which was filed challenging the impugned order of the appellate commissioner confirming
Karnataka High Court: P.S. Dinesh Kumar J dismissed the petition being devoid of merits. The facts of the case are such that
Patna High Court: The Division Bench of Amreshwar Pratap Sahi, CJ and Anjana Mishra, J. dismissed an appeal challenging election of a
Supreme Court: Interpreting the provisions of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (PMP Act),
Punjab and Haryana High Court: While deciding upon the challenge to the appointment of 21 Parliamentary Secretaries by the Government of Punjab,