Editor_4, Author at SCC Times

Delhi High Court sets aside Assessment Order passed against Bausch and Lomb for violation of natural justice principles

It is wholly insufficient to proceed to make an addition on the basis that CBIC is an apex body and information provided by it cannot be doubted, without even analyzing such information.

Case Briefs High Courts

[Karim’s v. Karin’s] Delhi High Court rules in favour of Karim’s trademark in infringement suit

“The Defendants have entirely imitated Plaintiff No. 1’s registered trademarks, replicating all aspects such as font of the letters, design of the logo, color scheme, size, style, and placement of letter and the taglines. Both the marks are also used for identical services.”

Case Briefs High Courts

‘Seat of arbitration is the place where arbitral proceedings are anchored’; Delhi High Court rejects petition filed u/s 34 of Arbitration Act

The Delhi High Court says that the seat of the arbitration is to be determined based on arbitral proceedings and not with cause of action for underlying disputes.

national legislation contravention EU law

Case Briefs Foreign Courts

EU Law does not prevent national legislation from excluding associations of judges from challenging decisions vis-a-vis appointment of prosecutors: CJEU

The Court held that Art 2 and Art.19(1) TEU, read with Arts 12 and 47 of the Charter must be interpreted as not precluding any national legislation which excludes professional associations of judges from challenging the appointment of prosecutors competent to conduct criminal prosecutions against judges.

Case Briefs High Courts

Delhi High Court reverses acquittal of father for sexually assaulting his minor daughter

‘Victim would have thought that she would find monastery in the lap of her father, instead, he turned out to be a monster.’

Case Briefs High Courts

Delhi High Court restrains franchisor to sell poor quality food items under the name of BURGER SINGH after termination of Franchise Agreement

Termination of Franchise Agreement will revoke respondent authorization to operate the franchise outlet, as well as obligating the respondent to cease the use of petitioner’s trademark.

Case Briefs High Courts

[FMGE] Delhi High Court refuses provisional registration as medical practitioner due to criminal case pending for impersonation

The Petitioner is accused of a very serious offence of impersonation. It is the allegation that somebody else appeared on his behalf to take Foreign Medical Graduate Exam (FMGE).

Case Briefs High Courts

Lists of gifts exchanged during marriage should be maintained to avoid allegations of dowry: Allahabad High Court issues directions

Allahabad High Court directed the Chief Secretary of UP to confirm whether Dowry Prohibition Officers had been appointed as required by law, in the absence of which the State Government was directed to justify such non-compliance

Case Briefs High Courts

Delhi High Court issues show cause to advocate for writing derogatory comments in chat box during virtual hearing

The petitioner, a practicing advocate, who was expected to maintain decorum placed comments in the chat box during the proceedings via video conferencing against the sitting judge and the proceedings being taken up by the Court.

Case Briefs High Courts

Madras HC directs police to provide security for organization of dance and music events during temple festivals

Madras High Court said that the election process has concluded, and the polling has already taken place. Thus, it asserts that such grounds cannot be deemed acceptable for not permitting the temple festival.

Case Briefs High Courts

Madras HC directs ASI and Archaeological Department to conduct survey of toilet and cafeteria constructed within protected area of 1000 years old Shiva Temple

“Arulmigu Gangaikonda Cholisvarar temple is a protected monument under the Archaeological Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 1958.”

Case Briefs High Courts

Delhi High Court restrains Hindustan Unilever Limited from comparing ‘Ponds’ with ‘Nivea’, holds comparison to be misleading

The Delhi High Court opined that the law related to advertisements in any form — print, digital, or TVC will also extend to ‘in-mall’ marketing campaigns since it is a method of promotion and marketing of company’s product to a consumer.

Case Briefs High Courts

Can the Court order disclosure of identity information of an Aadhaar cardholder? Delhi High Court answers

“Considering the facts of the present petition, this Court is of the considered opinion that interest of justice would be served if the information as sought by the petitioner is provided”

Case Briefs High Courts

Delhi HC directs Chief Secretary to implement Committee recommendations to cure defects in current medical system to avail financial assistance

“To ensure the implementation of the said recommendations, this Court directs the Chief Secretary, GNCTD to convene monthly meetings till all the recommendations get implemented and action taken report shall be filed by the Chief Secretary, GNCTD on or before 15-10-2024.”

Case Briefs High Courts

‘Cattle in dairies next to landfills feed on hazardous waste; their milk would have serious consequences on humans consuming’; Delhi HC issues directions for relocation of dairies

“The magnitude of the problem is humongous, which has been compounded by the abject failure of the concerned authorities and the respondents to take timely action, despite repeated directions of this Court.”

Case Briefs High Courts

Arbitration award cannot be set aside on erroneous application of law unless it is patently illegal: Allahabad High Court reiterates

“The award is not required to be set aside until and unless it is vitiated by “patent illegality” appearing on the face of the record with a caveat that the award should not be set aside merely on the ground of erroneous application of law or by appreciation of evidence.”

Case Briefs High Courts

‘Wholly Misconceived’; Delhi HC dismisses petition seeking FIR against PM Narendra Modi for allegedly delivering hate speech

The Court noted that petitioners have filed the present petition even though the representation made to the Election Commission of India is stated to be under consideration.

Case Briefs High Courts

Bombay HC upholds Notifications changing the names of Aurangabad and Osmanabad to Chhatrapati Sambhajinagar and Dharashiv, respectively

The Court opined that if an authority is empowered to name a revenue area under a statutory provision, there are no reasons to deny the power for altering the names of a revenue area to such an authority.

Case Briefs High Courts

Can the issue of limitation be decided in a petition under Section 11 of the Arbitration Act? Delhi High Court answers

“The Court’s jurisdiction at the pre-reference stage is only to determine the prime facie existence of an arbitration agreement and the final adjudication, even on the question of limitation, is to be left to the arbitral tribunal, being the parties’ chosen forum.”

Case Briefs High Courts

Delhi High Court grants bail to accused for having a sexual relationship on the false pretext of marriage

Court said evidence shows a consensual relationship between two adults where promise to marry may not have been motivating factor for sexual relationship.