Simranjeet, Author at SCC Times

11 accused persons in Delhi Riots of 2020 discharged

‘No reference to show existence of criminal conspiracy’; Delhi Court discharges all 11 accused persons in Delhi Riots of 2020

“It does not appeal to logic and probability that persons in the mob of Muslim Community will raise slogan of “Jai Shree Ram” or they will beat a Muslim person, while acting as part of a mob in a communal riot between Hindu and Muslim.”

Case Briefs High Courts

Mere acquittal in a cruelty case filed by wife, cannot be a ground to grant divorce to husband: Delhi High Court

“While human emotions know no bounds and rules, but definitely human sensibilities emanating from mind shall have prevailed for an educated person like appellant to have reigned his affections for third person, with scant regard for respondent who reposed complete faith by entering into vows of marriage.”

Case Briefs High Courts

Look-alike products undermine integrity of fair trade; Obligation upon e-commerce platforms to ensure that sellers’ complete details are available: Delhi HC

“Irreparable harm will be caused if injunction is not granted, as on online platforms and marketplaces, it is extremely easy for sellers to proliferate the images and continue to dupe customers.”

Case Briefs High Courts

‘Mental illness not a choice’; Delhi High Court reinstates SSB constable dismissed from service for attempting suicide

“Section 115 of the Mental Healthcare Act, 2017 raises a statutory presumption that any person who attempts to commit suicide shall be presumed to have severe stress and shall not be tried and punished under the Penal Code, 1860.”

Case Briefs High Courts

[GOLD STEP v. GOLD FLAKE] Delhi High Court grants ad-interim injunction to ITC Ltd for its mark ‘GOLD FLAKE’ in relation to cigarettes

“Since defendants are using different marks on outer packaging of the impugned products and identical roundel devices on the individual cigarette sticks, the Local Commissioner is permitted to open cigarette packs to inspect the logos/devices on the individual cigarette sticks.”

Case Briefs High Courts

Delhi High Court upholds ‘first-come-first-served’ basis to allot free election symbols to unrecognized parties

“Petitioner is seeking to retain an advantage for the registered unrecognized political parties to get continued access to a particular free symbol and therefore indirectly converting a free symbol into a reserved symbol.”

Case Briefs High Courts

‘Disclose how setting up liquor vend can be permitted under mixed-use policy of MPD 2021’; Delhi HC stays opening of liquor vend in a plea by Resident Welfare Association

“By virtue of Para 15.6.2(e) of the Master Plan of Delhi, 2021 (‘MPD 2021’), the opening of a liquor shop in a residential premise under the mixed-use policy of the MPD 2021 is expressly prohibited.”

Case Briefs High Courts

Section 10(10-AA) of Income Tax Act 1961 differentiating tax on leave encashment between State and Central Government employees, not violative of Article 14: Patna High Court

“If there is equality and uniformity in each group, the law will not become discriminatory, though due to some fortuitous circumstance arising out of peculiar situation, some included in a class get an advantage over others so long as they are not singled out for special treatment.”

Case Briefs High Courts

Telangana HC upholds validity of S.38(2) of RPA which provides for preferential treatment to candidates of political party over other independent candidates

“Section 38(2) of the Representation of the People Act, 1951, does not treat the equals as unequals, as the candidates belonging to recognized political parties, registered political parties and independent political parties stand on a different footing.”

Case Briefs High Courts

[Investment Scam] Delhi HC directs removing of accounts impersonating Akshay Tanna, head at KKR Advisors, on social media to deceive public

“The unknown operators of the profiles and groups are not associated with Akshay Tanna or KKR Advisors India (P) Ltd. and have not been authorized in any manner to offer financial trading and investment related advice on their behalf.”

Cases Reported Never Reported Judgments

Never Reported Judgment | Illicit relation and conceiving a child prior to the date of marriage does not lead to presumption of marriage [(1952) 2 SCC 720]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on presumption of marriage.

Case Briefs High Courts

Delhi High Court dismisses petition challenging normalization process adopted by NTA in JEE (Main) Exam

“To iron out the discrepancy which arises as a result of the unavoidable possibility of different papers being of different difficulty levels that the process of normalization is adopted. Individual discomfitures are inevitable in such a process and cannot afford a basis to unseat the entire examination.”

Case Briefs High Courts

Delhi HC sets aside CIC order allowing disclosure of exemption sought by Shri Ram Janmabhoomi Teerth Kshetra for its donations

“The information pertaining to an assessee cannot be granted under the Right to Information Act, 2005 in view of Section 138(1)(b) of the Income Tax Act, 1961.”

Case Briefs High Courts

‘Does not align with Third Party Usage Guidelines for Oracle Trade Marks’; Delhi HC restrains Sonoo Jaiswal from using Oracle’s mark ‘JAVA’ in domain name ‘javatpoint’

“If ‘JAVA’ is being used by defendants in a way that capitalizes on its trade mark value established by plaintiff, and not merely in reference to the programming language, then it constitutes infringement.”

Case Briefs High Courts

‘Purely a governmental function’; Delhi HC disposes of petition seeking to allocate a 24-hours Sindhi Channel on Doordarshan

“Respondents shall make every possible effort and endeavour to open a new Doordarshan Channel for the Sindhi Community in the future as per policy and other guidelines.”

Case Briefs High Courts

Dart Properties (P) Ltd. files for execution of Conciliated Agreement with Cinema Ventures (P) Ltd. for payment of outstanding amount; Delhi HC issues notice

“The protection of moratorium will not be available to the directors/officers of Cinema Ventures (P) Ltd. and execution proceedings can be filed against them.”

Case Briefs High Courts

Delhi HC holds President, General Secretary of Delhi Sikh Gurdwara Management Committee guilty of contempt for not paying salaries to staff, teachers

“The helpless employees and teachers have been repeatedly knocking on the doors of the Court and have been frustrated by respondents by giving undertakings, which they had no intention and means to comply with, and such undertakings were given merely to buy time.”

Case Briefs High Courts

Disputes arising from commercial contracts with Government not amenable to writ jurisdiction; remedy available in civil law: Telangana High Court

“Once the agreement entered into between the parties is considered as a contract like any other contract, for the enforcement of the covenants of the contract or for any breach thereof, the parties have to work out their remedies under civil law.”

Case Briefs High Courts

Delhi HC directs Government of Delhi to complete selection process in Child Welfare Committees and Juvenile Justice Boards by 15-04-2024

“The delay in timely addressal of rehabilitation and repatriation procedures directly impacts the well-being and rights of children, as they remain in vulnerable situations for prolonged periods without adequate support and intervention.”

Case Briefs High Courts

‘No bonafide use of mark in relation to rice’; Delhi HC directs Registrar of Trade Marks to remove Chaman Lal Sachdeva’s mark ‘AL-WALIMAH’ due to non-use

“The investigation report, prima facie, reveals that the mark ‘AL-WALIMAH’ is never used by Respondent 1 and no rice product under the impugned mark is found in the market survey of relevant shops, nor did any shopkeeper expressed any knowledge in that regard.”