Simranjeet, Author at SCC Times

‘Compliance with Ss. 15-A(3), 15-A(5) of SC & ST Act mandatory’; Delhi HC sets aside bail order granted without hearing the victim

“It is mandatory for the Court to issue a reasonable notice of any Court proceedings, including any bail application filed by the accused, to the victim and the victim or the dependent of a victim has a right to be heard at any proceeding under the Scheduled Castes and the Scheduled Tribes Act (Prevention of Attrocities), 1989.”

Cases Reported Never Reported Judgments

Never Reported Judgment | Decree of possession of co-owned property can only be passed to the extent of the share of each collateral [(1952) 2 SCC 571]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on possession of co-owned property.

Case Briefs High Courts

Delhi High Court constitutes Committee of experts to ensure availability and accessibility of medical facilities in Delhi hospitals

“Under Article 47 read with Article 21 of the Constitution, it is the obligation of State to ensure a robust public health system.”

Case Briefs High Courts

Weight of carriers like towels, bedsheets cannot be included to determine small/commercial quantity of contraband: Delhi HC

“The quantity of contraband assumes relevance as quantum of sentence to be awarded for an offence of possessing/transporting contraband committed under the NDPS Act is dependent on the fact whether the quantity of such contraband is small quantity, commercial quantity or intermediate quantity.”

Case Briefs High Courts

Calculation must be made as per limits prescribed by Central Govt from time to time in case Payment of Gratuity is applicable on any establishment: Tripura HC

“Section 4(5) of Payment of Gratuity Act, 1972 is indicative of fact that the Act being a beneficial legislation, entitlement of employee cannot be reduced below the prescribed ceiling limit under Section 4(3) of Act, rather this provision approves receiving of a better gratuity than what is notified by Central Government.”

Case Briefs High Courts

Charge sheet not invalidated/vitiated, if documents relied on by prosecution not filed along with it: Delhi High Court

“The right of an Investigating Officer for further investigation in terms of Section 173(8) of the Criminal Procedure Code, 1973 (‘CrPC’) is not taken away only because the charge sheet is filed under Section 173(2) of the CrPC against the accused.”

Case Briefs High Courts

‘Deliberate practice of trade mark squatting’; Delhi High Court grants permanent injunction to Volans Uptown LLC for its mark ‘Botanic Hearth’

“Registration of identical trade mark, specifically targeting the same class of goods raises a significant concern for potential confusion and deception among the public.”

Case Briefs High Courts

Fundamental right to travel abroad cannot be curtailed only because of default in loan payment: Delhi High Court

“Office Memorandum issued by Ministry of Home Affairs permits Banks to issue a request for opening a Look Out Circular, in exceptional cases, even if they are not covered by its guidelines, even in such cases, the same can be issued only if departure of such person is detrimental to sovereignty/security of India.”

Case Briefs High Courts

Product-by-process claims must be examined on the anvil of a new and unobvious product: Delhi High Court

“There is an imperative necessity to balance the inventor’s interest and secure public interest and thus ensure that the claim does not travel beyond the invention itself.”

Case Briefs High Courts

Delhi High Court directs IBA to ensure that banks follow SOP regarding disclosing information to law enforcement agencies

“Srinivasarao, Senior Advisor, Indian Banks Association is sent notice to appear before the Court on the next date of hearing, i.e., 06-04-2024, so that the stand of all the Banks can be considered.”

Case Briefs High Courts

Tripura HC upholds discharge order of Judicial Officer, who approached Minister of State for Social Justice and Empowerment for his transfer

“The service rule of petitioner being a Judicial Officer is covered by Tripura Judicial Service Rules, 2003 and the ambit of Article 311 of the Constitution pertains to permanent employees and not probationer Judicial Officer.”

Case Briefs High Courts

‘Limitation period for arbitration to be decided by Arbitral Tribunal while passing order u/s 20 of A&C Act’; Telangana HC appoints nominee arbitrator u/s 11(6)

“It is a well-settled law that while deciding the question of appointment of arbitrator, the Court shall not touch the merits of the case as it may cause prejudice to the case of the parties.”

Case Briefs High Courts

‘Pay additional Rs 20 lakhs compensation to families of people who died due to manual scavenging’; Delhi HC directs Union of India

“When a person approaches the court and gets a declaration of law in his favour, it is expected that the State shall extend the same benefit to all the similarly situated persons without forcing those persons to approach the court of law.”

Case Briefs High Courts

‘Mere allegation that prosecutrix may be a member of gang of honey trapping, not sufficient to direct further investigation u/s 173(8) CrPC’; Delhi HC imposes Rs 20,000 costs

“The objective for ‘further investigation’ is to find the truth and bring evidence on record for ensuring substantial justice. However, this right does not extend to mere ‘reinvestigation’ or ‘fresh investigation’ to be started ab initio.”

Case Briefs High Courts

Delhi High Court grants anti-arbitration injunction in an international commercial arbitration

“It needs no re-articulation that one of the cardinal principles of arbitration is, that since arbitration is a remedy that is founded on consent of parties, the agreed procedure for appointment of an arbitrator must be scrupulously followed. However, the same is not done in the present case.”

Case Briefs High Courts

Delhi HC upholds arbitral award for transfer of Kashmir Harvard Educational Institute’s domain name ‘kashmirharvard.edu.in’ to Harvard College

“Petitioner shows a scant regard for the limited scope of intervention with an award in an international commercial arbitration, or for the process of the Court. Pleas have been advanced which are contrary to the record, and many attempts have been made to mislead the Court.”

Cases Reported Never Reported Judgments

Never Reported Judgment | Mortgage and cash credit transaction are independent transactions; unliquidated damages for breach of one cannot be set-off against another [(1952) 2 SCC 542]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on mortgage transaction.

Case Briefs High Courts

[IIT Delhi students’ death] ‘Faculty/staff of IIT shall counsel students to give their best without succumbing to pressures/stress of performing better’: Delhi HC

“The Court deeply discourages the growing trend of pressurizing young minds to perform the best in every aspect of life, leading them to take unfortunate steps.”

Case Briefs High Courts

Delhi High Court restrains usage of mark ‘RAASHEE’ in relation to pan masala in a trademark infringement suit by ‘RAJSHREE’; imposes Rs 50,000 as costs

“Defendant is free to use the two proposed marks, i.e., and , so long as the said marks are used in a manner where the words ‘MY’ or ‘मेरी’ are of the same font, colour and size as the word ‘RAASHEE’.”

Case Briefs High Courts

‘All defects rectified’; Delhi High Court orders commencement of operation of News TV Channel “Lokshahi Marathi”

“Petitioners were suggested to take corrective measures to ensure that entire activity of channel is under its own control and demonstrate the same through furnishing a future roadmap to align its structure and operations in accordance with the Guidelines for Uplinking and Downlinking of Satellite Television Channels in India, 2022.”