Editor_4, Author at SCC Times

Delhi High Court sets aside order restraining Royal County of Berkshire Polo Club from using its polo player device mark

“The Appellate Court while hearing an appeal against an interim order ought not to disturb the prima facie findings, but it can substitute its own discretion when it is found that the Trial Court has exercised the jurisdiction in ignorance of settled principles of law.”

Conference/Seminars/Lectures Law School News

Domestic and International Arbitration only differ in dispute resolution mechanism, not in essence: Justice Vibhu Bakhru at 14th Annual International Conference 2023

The Nani Palkhivala Arbitration Centre (‘NPAC’) conducted 14th Annual International Conference 2023 on ‘Recent Advances and Developments in Global Arbitration’ on September

Case Briefs High Courts

‘Grant of Contract to construct flats for homeless without Inviting Tenders not Arbitrary’: Telangana HC

“No material was brought on record to show any financial loss to the public exchequer due to the payments made to the company, completing the construction, hence, the action of the Greater Hyderabad Municipal Corporation was just, fair and reasonable”.

Legal RoundUp Supreme Court Roundups

Supreme Court Roundup August 2023 | Modi Surname Defamation; Ex-RJD MP conviction; Dying Declaration; Arnesh Kumar guidelines; Dissenting Opinion in Arbitration, and more

Take a round of the Supreme Court's Judgments and Recommendations of the Collegium in the month of August along with some top stories on Rahul Gandhi's conviction, V Senthil Balaji, Manipur Violence and much more.

Case Briefs High Courts

Delhi High Court establishes Fact-Finding Committee to evaluate sanitation and drinking water conditions in Tihar Jail

“A prisoner’s basic constitutional rights persist, even behind bars. Therefore, any measures restricting an individual’s freedom must not infringe upon their inherent dignity and rights.”

Case Briefs High Courts

Family Court has the power to order a person to undergo medical test, even if the marriage is denied: Andhra Pradesh High Court reiterates

“A Matrimonial Court has the power to order a person to undergo medical test, therefore, it cannot be contended that the relief cannot be granted merely because the marriage was denied.”

Case Briefs High Courts

An estranged wife has a right to seek amount of maintenance in the like status of her spouse; Rajasthan High Court enhances the quantum of maintenance

The object of maintenance proceeding would be that one party having no sufficient means to satisfy his/her daily needs and has no source of income to procure bread and other needs which are necessary to maintain one's life, if the same is to award after 10 years of the prayer then the very purpose would be frustrated and defeated.

Case Briefs Supreme Court

Whether Customs Act creates a first charge, overriding the charge in favour of secured creditor? SC answers

“Provisions in the Customs Act, 1962 do not negate or override the statutory preference in terms of Section 529A of the Companies Act, 2013”.

Case Briefs High Courts

Composite trade marks not to be dissected to determine deceptive similarity, comparison to be made as a whole: Delhi High Court

“The plaintiff's mark and the defendants' mark are composite trade marks, which imply that they are a combination of different elements, and their registration willd not grant an exclusive right in the word ‘d mart'.”

Case Briefs Supreme Court

‘Criminal antecedents of accused cannot be sole consideration to decline quashment of proceedings’; SC Observes

“FIR in a criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial and the delay in the registration of the FIR, by itself, cannot be a ground for quashing of the FIR”.

transfer of property act genuine transaction sham transaction

Cases Reported Never Reported Judgments

Never Reported Judgment| Price paid less than market value in transfer of property cannot convert a genuine transaction into a sham one [(1952) 1 SCC 127]

“This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Transfer of Property Act, 1882.”

High Court Round Up Legal RoundUp

HIGH COURT AUGUST 2023 WEEKLY ROUNDUP| Stories on Sex reassignment surgery; Banke Bihari Ji Temple; Misuse of Section 498A IPC; Gold Import and more

A quick legal roundup to cover important stories from all High Courts this week.

Case Briefs Supreme Court

Premature Release of Convicts | SC discusses judicial involvement in Grant of Remission

“If the view of the Presiding Judge, based on the judicial record, is mechanically followed, then the discretion of the executive empowered with execution of the sentence, would be denuded of its content”.

Case Briefs High Courts

Contractual female employees cannot be denied maternity benefits solely due to nature of employment; Delhi HC directs DSLSA to grant maternity benefit to its advocate

“ It is ironic that the petitioner being appointed with the Juvenile Justice Board, is hired to protect the interest and welfare of the children who may be suffering at the hands of criminal justice system, however, is not able to secure the benefits that are necessary for the best interest and welfare of her own child.”

Case Briefs High Courts

Liberty Footwear v. Liberty Shoes : Delhi High Court dismisses the petition for the want of jurisdiction

“District Court, Karnal where the first petition was filed pertaining to the Agreement in question alone shall have jurisdiction over the arbitral proceedings and all subsequent applications arising out of the Licence Agreement. No other Court can entertain any subsequent application.

Case Briefs High Courts

Delhi High Court directs VAT Authorities to process Flipkart’s VAT refund along with interest

A pre-deposit does not partake the character of a tax or duty. Those are sums which are deposited by an assessed solely for the purposes of pursuing the remedy of appeal.

Case Briefs High Courts

‘Serious constitutional, administrative issues’; Delhi HC requests Attorney General for India’s assistance in a petition challenging appointment of Junior Judicial Assistants

“This Court opines that the present writ petition raises serious constitutional and administrative issues and requests the Attorney General for India to assist this Court as amicus curiae on the next date of hearing.”

Case Briefs Supreme Court

Dissenting Opinion in Arbitration cannot be treated as an award if majority award is set aside: Supreme Court

“Dissenting opinion of arbitrators might provide useful clues during procedural issues, which forms a critical part when the hearings are challenged”.

Case Briefs High Courts

‘DATAPAQ’ as a whole is a registered trade mark, no exclusivity is vested in ‘DATA’ or ‘PAQ’ separately: Delhi High Court

“The appellant's mark ‘DATAPAQ' has been registered in a large number of countries and the appellant has a number of marks ending with ‘PAQ '. Thus, the mark is consistent with the series of marks being used by the appellant.”

Case Briefs High Courts

Principal Amount should be static; Arbitral Tribunal cannot add pre-reference interest to the principal amount: Delhi High Court

“The interest awarded for that period could not have been subjected to a further levy of interest running through the period during which proceedings remained pending before the tribunal.”