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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, CJ., MANASH RANJAN PATHAK
Alone Trust – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. significance of national symbols (Para 1 , 2 , 3 , 4) |
| 2. legislation on emblem use (Para 5 , 6 , 8 , 9 , 10) |
| 3. awareness and misuse of emblem (Para 11 , 12 , 13 , 14) |
| 4. court's observations and recommendations (Para 15 , 16 , 17 , 18) |
| 5. conclusions and directions (Para 19 , 20 , 21 , 22 , 23 , 24) |
JUDGMENT :
1. On the advent of human civilization taking a paradigm shift from a community-based power to monarchy and taking shape in the form of a country, the Symbol, Flag, and/or Emblem were used symbolizing honour, right and the authority exercised to achieve the object of justice, ethos behind the purity of the administration and above all, inculcating the sense of values towards the motherland. It not only encompasses the honour and pride to any nation but also depicts its historical, cultural and moral values.
3. After the independence achieved by the people of our country from the colonial rule, the first and foremost task, which was felt inevitable to represent the sovereign republic identity and its values in adopting the National Flag, National Anthem and also the National Emblem. It was proposed in the Constituent Assembly that the National Emblem should be ins
The State has a statutory duty to prevent the misuse of the State Emblem, necessitating enforcement of existing laws and public education to uphold national integrity.
The court interpreted the State Emblem Act, 2005 and found that the Emblem installed on the Central Vista Project did not violate its provisions.
The main legal point established in the judgment is the requirement for officers of the Motor Vehicles Department to strictly adhere to the prescribed uniform under Rule 406 of the Kerala Motor Vehic....
No person shall use or continue to use for the purpose of any trade, business, calling or profession, or in the title of any patent, or in any trademark or design, any name or emblem specified in the....
Point of law: It is the political parties which sponsor candidates, that are in a position to incur large election expenses which often run into astronomical figures. We do not consider that preferri....
The allotment of the Lotus symbol to a political party does not violate constitutional provisions and is not deemed a corrupt practice under the Representation of Peoples Act.
The impugned clauses in the letters of registration were referable to the Second Amendment Order 1989 and within the Election Commission's power and jurisdiction.
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