Arunima, Author at SCC Times

Delhi High Court quashes charges against public servant for lack of sanction under S. 197 CrPC

The individual against whom the allegations are made, ought to be a ‘Public Servant’ whose appointing authority is the Central Government or the State Government to entitle him to the protection under section 197 CrPC and not to every public servant.

Case Briefs High Courts

Delhi High Court refuses injunction in favour of NILKAMAL for its word mark; Grants injunction in favour for its device mark

The marks have to be compared as a whole mark, thus compared, there is no phonetic similarity between NILKAMAL and NILKRANTI.

Case Briefs High Courts

Delhi High Court discharges contemnors guilty of interfering in the function of Local Commissioner on unconditional apology

The contemnors apologised and stated that the entire incident is quite unfortunate and though facts have been misrepresented before the instant Court, however, they do not intend to disobey the orders of the Court and that the respondents have great respect for the Court.

Case Briefs High Courts

Delhi High Court upholds extradition of Indian National accused of murder, to Oman

“The standard of proof in an inquiry in an extradition case is not of the same level as that required in a trial.”

Case Briefs High Courts

Delhi High Court grants injunction in favour of Sun Pharmaceuticals Industries for its mark ‘SUN’

The suit was filed against the marks FERTISUN used per se as well as with the suffixes F and L as FERTISUN-F and FERTISUN-L and the corporate name of the defendant ‘LaurenSun Remedies Pvt Ltd’.

Case Briefs High Courts

Delhi High Court decrees against various domain names from using the mark AAJ TAK or alike

As per a status report dated 20-11-2023, the use of the mark ‘AAJ TAK’ has been disabled on all channels, and the domain names have been either suspended, locked or blocked.

Case Briefs High Courts

Accomplishments of athletes with intellectual disabilities often forgotten; Delhi High Court allows PIL highlighting irregularities in functioning of Special Olympics Bharat

The Court appreciated the incredible accomplishments of the athletes that represented India in the Special Olympics World Games, 2023 held in Berlin under the able and commendable guidance of SOB The athletes representing India finished their campaign with 200 medals.

Case Briefs High Courts

Delhi High Court directs Bar Council of Delhi to act against advocate for alleged fabrication of document placed on record

Delhi High Court noted that after coming to know that the said document was manufactured, respondent 1 filed a complaint before the Bar Council of Delhi against Mr. Sanjay Aggarwal, Advocate.

Case Briefs High Courts

Delhi High Court restrains rogue websites from disseminating copyright content of Universal City Studios

Technology has posed a major challenge for entities like the Plaintiffs as there is a proliferation of many platforms including websites from where unauthorised, unlicensed and pirated content of the Plaintiffs can be downloaded, accessed and viewed by customers and viewers.

Case Briefs High Courts

Delhi High Court directs The Wire to remove alleged defamatory article on Delhi Chief Secretary Naresh Kumar

While freedom of speech and expression is sacrosanct, the reputation of a person earned over several decades, cannot be sacrificed at the altar of such freedom, when the impugned publication, ex-facie, contains unsubstantiated allegations and defamatory imputations, regardless of the truth.

Case Briefs High Courts

[General Code of Conduct] Term ‘athlete’ includes coach along with staff; Delhi High Court refuses to interfere with suspension order passed by Paralympic Committee

The Petitioner is an Arjuna Awardee and is a Commonwealth and Asian Games medalist swimmer and was also appointed swimming team coach for the 2016 Rio Paralympic Games who was suspended from participating and being sponsored in any sports event organized by Paralympic Committee of India for three years.

Case Briefs High Courts

Delhi High Court directs GNCTD to constitute ‘High-Powered Committee‘ for implementation of 6th and 7th Central Pay Commission for unaided minority schools

Any employee working with an organization has the reasonable expectation of being paid a salary decently so that he can afford a decent standard of living from the said income. In case, the employee is not paid adequately, the same may render the employee unmotivated to work and the employee may not give his best in the organization and may look for other suitable jobs to supplement his/ her income.

Supreme Court Bar Association Housing Society elections

Case Briefs High Courts

Delhi High Court directs Supreme Court Bar Association Housing Society to conduct fresh elections; Appoints Justice Dhingra as the Returning Officer to conduct the elections of the Board

As there cannot be a vacuum in law, the process of election cannot be stalled specially, when a provision exists, whereby, fresh election has to be conducted in a particular manner.

Case Briefs High Courts

Delhi High Court refuses interim relief to ArcelorMittal Nippon Steel seeking supply of LNG from GAIL in November 2023

The procurement of LNG may become onerous as had happened in August and December 2022 but no irreparable loss and injury would result to the ArcelorMittal Nippon Steel.

Case Briefs High Courts

Delhi High Court restrains RPS Infrastructure Limited from using World Trade Centre marks or WTC logos

Clause 2.6 of the MOU signed between the parties clearly stipulates that upon termination/determination of this agreement the developer/respondent shall have no right to use any brand/mark associated with the consultants/petitioners, and/or any brand/mark identical or deceptively similar thereto, in relation to Project, expansion or part thereof.

Case Briefs High Courts

Delhi High Court grants bail to Ajay Kumar, former director of Amrapali Group, Noida in the residential project cheating case

FIRs were registered on the complaints of homebuyers, who have alleged that Amrapali Leisure Valley Private Limited, Amrapali Dream Valley Private Limited, and their directors/officials, including the applicant have committed offences of cheating, fraud and criminal breach of trust in respect of various residential projects in Greater Noida, Uttar Pradesh.

Case Briefs High Courts

‘A detailed enquiry be initiated on the failure on the part of the Faceless Assessing Officer’; Bombay HC holds assessment order by FAO as time barred

The case of the petitioner is quite elementary, and we are constrained to observe the complete apathy and negligent approach of the assessing officer concerned in discharging his duties, by the provisions of the Income Tax Act, 1961.

Case Briefs High Courts

Delhi High Court sets aside direction furnishing bank guarantee being violative of principles underlying Order 38 Rule 5 CPC

Whilst the court is not unduly bound by the texts or Order XXXVIII Rule 1 and 2 or Order XXXVIII Rule (5) or any other provisions of CPC, the substantial principles for grant of such interim measures cannot be disregarded.

Case Briefs High Courts

Delhi High Court| Increasing MRP of non-scheduled formulation to maximum permissible increase of 10% in a year not necessary

The 10% increase in MRP permissible under Para 20 of Drugs (Price Control) Order, 2013 must be calculated based on the actual MRP of the non-scheduled formulation in the preceding twelve months and not based on what was the MRP permissible for the preceding twelve months.

High Court Round Up Legal RoundUp

HIGH COURT NOVEMBER 2023 WEEKLY ROUNDUP| Legal Stories on Jai Hind Slogan, Illegal Coal Levy Scam, Freedom Fighter Pension, Oreo v Fabio Trademark Infringement suit and more

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