Arushi, Author at SCC Times

Intelligently executing deed appreciating its interest is valid

Never Reported Judgment| Validity of mother’s ‘Intelligent’ transfer of property to her second son with full appreciation of its effect over her interests [(1953) 1 SCC 371]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on Section 129 of the Transfer of Property Act,1882.

Case Briefs High Courts

Delhi HC denies parole to a convicted terrorist; Permits one time video call to see and talk to his parents

The Court opined that it is faced with a situation where it has to balance the interest of the State and the Country on the one hand, and the longing of an accused to see his parents, who are unable to travel to Delhi.

Case Briefs High Courts

‘Courtroom can still be a wild enough place without summoning spirits from beyond the grave’; Punjab and Haryana HC withdraw petition filed by a deceased man

The Court warned petitioner’s counsel to exercise a tad more caution in future legal escapades as it would not want to inadvertently summon anymore ghostly clients or find us entangled in a legal mess of supernatural proportions.

Case Briefs High Courts

[VIAGRA v. VIGOURA] ‘Confusion between medicinal products pose serious risks to public health’; Delhi HC grants permanent injunction in favour of Pfizer Products

“When consumers encounter different products with similar branding in the same retail context, the risk of assuming a common source or affiliation increases.”

Case Briefs High Courts

Cattle Cruelty| Andhra Pradesh HC directs District Collectors of Kakinada and East Godavari to file report on safe keeping and transportation of cattle as per Government Order

The Court opined that some of the photographs annexed with the petition reflects a very sorry state of affairs. It reflects that number of dead animals in the cattle marketing area are being handled by cranes and other heavy machinery.

Case Briefs High Courts

Delhi HC quashes FIR against a man accused of fraud, forgery and fabrication of documents considering amicable settlement between parties

Petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. Respondent 2 also states that he has settled the disputes with the petitioner out of his own free will, volition and without any coercion.

Case Briefs High Courts

‘Unjustified perception that wife working as police officer can never be victim of domestic violence’; Delhi HC sets aside order discharging husband and his family of cruelty

“The essence of gender-neutrality must permeate through every line of a judgment, and a judge must cultivate thoughts that are inherently gender-neutral.”

Case Briefs High Courts

‘Well-meaning teacher facing trial for suicide of hypersensitive student will be travesty of justice’; Punjab and Haryana HC set aside abetment of suicide charge against a teacher

“If a person committing suicide is hypersensitive and the allegations attributed to the accused are otherwise not ordinarily expected to induce a similarly situated person to take the extreme step to commit suicide, it will be unsafe to hold the accused guilty of abetment of suicide.”

Case Briefs High Courts

‘Inconvenience of specific party cannot outweigh statutory provisions’; Delhi High Court directs DGCA to process deregistration of 54 leased GoAir aircrafts

“It is trite that the international treaty obligations are required to be followed strictly and any deviation therefrom would have adverse effects including downgrading of the business interests of country in the international community.”

Case Briefs High Courts

Orders passed by High Court shall be complied despite enforcement of Model Code of Conduct due to Lok Sabha elections: Punjab and Haryana HC clarifies

The Court opined that the authorities are fully authorized and are under a legal duty to execute the orders of High Court without any specific permission form or intervention of the Election Commission of India.

Case Briefs High Courts

Chhattisgarh HC registers suo motu PIL based on news report highlighting lack of sufficient staff and experts at Cyber Police Stations

The Court opined that it is highly disturbing and a matter of great concern that the people are being misled, allured and deceived by the persons using digital technology and electronic devices which come under the category of cybercrime.

Case Briefs Tribunals/Commissions/Regulatory Bodies

BookMyShow is not receiving any consideration by allowing card companies to extend discount offers, thus not providing any service to them: CESTAT

“It is very simple in the accounting standards that unless invoice is raised consideration is not collected. Therefore, it is very clear from the record that the appellant was not receiving any consideration from card companies.”

Case Briefs High Courts

‘Classic instance of triple identity’: Delhi High Court grants permanent injunction in favour of Heifer Project International in a trade mark infringement dispute

“Even after the termination of their contractual relationship and the explicit withdrawal of rights to use the plaintiff’s trademarks and logos, defendants have unauthorisedly continued use of their deceptively similar marks.”

Case Briefs High Courts

‘Right gets extinguished only if it is relinquished by process known to law’; Delhi HC rules in favour of Bhaktivedanta Book Trust in Copyright Infringement case

“There is also no other compelling reason why the claim should not be disposed of before recording oral evidence, especially since the trust deed by which copyright was assigned was registered and the defendant does not claim to be either the owner, assignee or licensee of the said right.”

Case Briefs High Courts

Delhi High Court dismisses PIL seeking extraordinary interim bail for Arvind Kejriwal; imposes cost of Rs. 75,000

“Petitioner’s claim to be custodian and representative of the people of India, is nothing but a fanciful claim which is devoid of any basis.”

Case Briefs High Courts

‘Case where trust has been betrayed and social values are impaired’; Chhattisgarh HC upholds conviction and sentence of father who repeatedly raped his minor daughter

“Nothing can be more heinous than a crime committed on the person of a child by her father, the one who is duty-bound to provide her unflinching protection from all harm.”

compromise deed to drop criminal proceedings not unlawful

Cases Reported Never Reported Judgments

Never Reported Judgment| Mere clause in compromise deed to drop criminal proceedings between parties will not necessarily render compromise unlawful [(1953) 1 SCC 249]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on unlawful consideration.

Case Briefs High Courts

Onus of proof is on prosecution to prove beyond reasonable doubt that electricity meter is dishonestly damaged for electricity theft: Delhi High Court

“Even assuming the recorded consumption to be lesser than the average computed consumption of electricity, it can at best raise a doubt against the respondent; it cannot act as a proof beyond reasonable doubt to hold that the respondent has dishonestly tampered with the meter.”

Case Briefs High Courts

‘Certificate issued during pendency of dispute would not amount to final payment certificate’; Delhi HC sets aside arbitral award in conflict with public policy of country

“When no opportunity is given to deal with an argument which goes to the root of the case based on evidence which go behind the back of the party and results in a denial of justice to the prejudice of the party, the same would amount to violation of principle of natural justice.”

Case Briefs High Courts

‘Child abuser in eventuality of false implication suffer social stigma’: Delhi HC acquits a man convicted of sexually assaulting a twelve-year-old child

“The quarrel at the time of incident and matrimonial differences provides a strong motive for falsely implicating the appellant subsequently.”