Editor_4, Author at SCC Times

Delhi High Court grants permanent injunction in favour of Himalaya Wellness Company for its ‘LIV.52’ mark

“One cannot forget that these are ayurvedic preparations and not allopathic medicines or scheduled drugs for which, doctors’ prescriptions are required. These are over the counter preparations, which are often brought by patients without prescription.”

Case Briefs High Courts

Consent of parties does not confer validity to marriage violating condition specified u/s 5(i) of Hindu Marriage Act, 1955: Delhi High Court

“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.”

Case Briefs High Courts

Delhi High Court grants eight-days interim bail to POCSO accused for participating in his brother’s last rites

“The applicant is granted interim bail for a period of eight days from the date of his release, subject to his furnishing personal bond in the sum of Rs.50,000 with one surety of the like amount, to the satisfaction of the Trial Court.”

Case Briefs High Courts

‘Punishment order passed in quasi-judicial proceedings must contain reasons’: Rajasthan HC sets aside non-speaking punishment orders

“It is true that discipline is the hallmark of disciplinary forces like police and each and every member of the disciplinary forces are not supposed to violate the discipline by consuming liquor in public space or should arrive in public place in a drunken position.”

Case Briefs High Courts

Delhi High Court grants permanent injunction to Modicare Limited for its ‘WELL’ mark

“In the case of pharmaceutical, cosmetics, health and related wellness products a higher standard would be required to be laid down in view of the damage that such products can cause to the consumers.”

Case Briefs High Courts

Wife not entitled to interim maintenance u/s 24 of Hindu Marriage Act, 1955 when both spouses qualified and earning equally: Delhi High Court

“The object of Section 24 of the Hindu Marriage Act, 1955 is to ensure that during the matrimonial proceedings either party should not be handicapped and suffer any financial disability to litigate only because of paucity of source of income.”

Case Briefs High Courts

‘Right to fair investigation and trial is fundamental right of victim as well’: Rajasthan High Court quashes order transferring the investigation without reason

“First progress report of the investigation has been called for in seven years. Moreover, the administrative instruction has not been followed inasmuch as more than thrice transfer of investigation of the case was not permissible.”

Case Briefs High Courts

Delhi High Court refuses to stay the registration for the mark ‘SCHEZWAN CHUTNEY’

“This Court is not inclined to stay the impugned trade mark registration for the mark ‘SCHEZWAN CHUTNEY’. Moreover, the issue of jurisdiction of this Court would have to be considered first.”

Case Briefs High Courts

[Good day v. Good time] Delhi High Court grants interim injunction in favour of Britannia Industries, restrains sale of Good Time cookies

“If an ad interim injunction is not granted in the present case it will cause irreparable loss to the plaintiff, as the defendants’ packaging is deceptively similar to that of the plaintiff’s, which causes confusion to the customers.”

Case Briefs High Courts

Recording phone conversations without consent violates right to privacy under Article 21 of the Constitution: Chhattisgarh High Court

“The Family Court has committed an error of law in allowing the application under Section 311 of Criminal Procedure Code, 1973 along with the certificate issued under Section 65 of the Indian Evidence Act, 1872.”

Case Briefs High Courts

Maintenance proceedings under Hindu Adoptions and Maintenance Act, 1956 are not suits, ad valorem court fee not liable to be paid: Delhi High Court

“The Family Courts Act, 1984 was enacted pursuant to the 59th Report of the Law Commission wherein it was stressed that in dealing with the disputes concerning the family, the family court should adopt an approach radically different from that adopted in ordinary civil proceedings.”

Case Briefs High Courts

Kurkure and Cheetos classifiable as ‘namkeen’ and not ‘snacks’ under Rajasthan Value Added Tax, 2003: Rajasthan High Court

“The Tax Board ignored the ordinary definition of namkeen, specification of namkeen as set out by the Bureau of Indian Standard and the FSSAI licenses granted to the petitioner, which categorizes the product in question as namkeen.”

Case Briefs High Courts

False and frivolous allegations against spouse without any evidence amounts to cruelty: Delhi High Court upholds divorce

“In the Indian context where the husband has chosen to be in a joint family with his parents, he cannot be forced to separate from the first day of his marriage merely on the whims of his wife.”

Case Briefs High Courts

Section 9 of A&C Act not confined by technicalities of CPC; but Court cannot ignore fundamental principles governing attachment before judgment: Delhi HC

“The issuance of a direction to release such royalty sum would involve not only a conclusive and final adjudication on the petitioner’s right to receive such sum but also framing of an interim award and that cannot be said to fall within the ambit of Section 9 of the A&C Act.”

Case Briefs High Courts

Court cannot presume disobedience; strict and irrefutable proof of disobedience required for punitive action under Order 39 Rule 2A of CPC: Delhi High Court

“In its zeal to ensure implementation of rule of law, the court cannot hold a person guilty of violation of its orders and proceed punitively against him merely because the circumstances give rise to a strong suspicion of the court’s order been disobeyed.”

Case Briefs High Courts

Revealing CBI’s enquiry report will impede the investigation process, thus exempted from disclosure under RTI Act, 2005: Delhi High Court

“This Court is of the opinion that the information that is being sought by the petitioner would impede the investigation conducted by the CBI involving a large-scale fraud, including many accused.”

Case Briefs High Courts

‘Murder of wife and 3 daughters including an infant is barbaric’; Orissa HC upholds life imprisonment

“Murder was committed in the convict’s house, and he attempted to burn the entire house along with the dead bodies in the dead of night which pointed fingers towards the convict alone and the same was strengthened by his post occurrence conduct”.

Case Briefs High Courts

‘Nature of employment will not decide maternity benefits’: Delhi HC grants maternity benefits to contractual employee whose contract ended during pregnancy

“Mere creation of the welfare legislation is not enough. A duty is cast upon the State and the subjects of the Act, to uphold the integrity, objective and the provisions of the legislation in its true letter and spirit.”

Case Briefs Supreme Court

Why should grounds of arrest be furnished in writing by ED? SC explains constitutional and statutory mandate

“The very purpose of the constitutional and statutory protection would be rendered nugatory if the authorities concerned are permitted to merely read out or permit reading of the grounds of arrest, irrespective of their length and detail, and claim due compliance with the constitutional requirement under Article 22(1) and the statutory mandate under Section 19(1) of the PMLA”.

Case Briefs Supreme Court

‘Conclusion of Trial to take reasonable time’; SC grants bail to murder accused in custody for more than 4.5 years

The Court did not express anything on the merits of the case and released the accused considering the period in custody and reasonable time for conclusion of Trial.