Simranjeet, Author at SCC Times

Delhi High Court grants permanent injunction to the mark ‘VOLVO’ and awards Rs. 10 lakhs damages and costs

The Delhi High Court observed that ‘VOLVO' mark was blatantly infringed as branded stickers and infringing products bearing the said mark were found on the premises of the defendant.

Case Briefs High Courts

Agreement specifying ‘no interest to be granted’ takes away Arbitrator’s power to deviate and grant his own interest rate: Delhi High Court

Even if the Arbitrator is successful in justifying his reasons for deciding a rate of interest, the Agreement between the parties being the birth-giver, should be held at a higher stature when it concerns an issue that has been pre-decided and mutually agreed upon by the parties.

Case Briefs High Courts

Delhi High Court refuses to quash FIR against doctor accused of carrying out illegal sex determination; issues direction for proper implementation of PCPNDT (Prohibition of Sex Selection) Act

The Delhi High Court observed that it was aware of the conflict that plagued women who were torn between societal and familial pressure to bear sons and the emotional stress and moral uncertainty they experienced for not bearing a male child.

Case Briefs High Courts

[Modi Surname Defamation Case] Patna High Court stays Lower Court’s order against Rahul Gandhi

The Patna High Court stayed Lower Court’s order against Rahul Gandhi in the ‘Modi Surname’ defamation case.

Case Briefs High Courts

Delhi High Court gives one month time to Government to decide on the plea of Recognition of Transgender Community as third gender for free travel in DTC buses

In a petition filed for recognition of transgender community as a third gender for providing free travel to them in buses, the Delhi High Court gave one month period to the Government to decide the said matter.

Case Briefs High Courts

Delhi High Court stays use of ‘BURGER KING’ mark in a rectification petition filed by Burger King Co. LLC against a family restaurant

In a rectification petition filed by Burger King Co. LLC against a family restaurant, the Delhi High Court stayed the operation of the mark ‘BURGER KING’ in Class 43 as it was identical to the well-known mark ‘BURGER KING’ and was likely to deceive public and create confusion.

Case Briefs High Courts

Delhi High Court holds Officials guilty of Contempt of Court for wilful disobedience of Court’s order directing to enhance staff’s minimum wage

The Delhi High Court held that the Special Commissioner Transport; the Chief Secretary; and the Secretary Labour of the Delhi Government were guilty of Contempt of Court for wilful disobedience of High Court’s order, directing them to enhance staff’s minimum wage.

Case Briefs High Courts

Delhi High Court extends scope of Section 16 of Court Fees Act, 1870 to cases where suit is stayed due to imposition of moratorium

The Delhi High Court extended the scope of Section 16 of the Court Fees Act, 1870 by holding that the cases in which suit is stayed due to imposition of moratorium would fall within the ambit of Section 16.

Case Briefs High Courts

Whether victim’s right to be heard includes the obligation to be impleaded as a party in criminal proceedings; Delhi High Court answers

The Delhi High Court holds that there is no requirement in law to implead the victim to any criminal proceedings, whether instituted by the State or by the accused. The Court further directed the Registry to ensure that anonymity of the victims is strictly maintained.

Case Briefs High Courts

Commissioner of CGST and Central Excise cannot continue adjudication proceedings after the inordinate delay of 13 years: Delhi High Court

The Delhi High Court held that the Commissioner of CGST and Central Excise cannot continue the proceedings for adjudication of the impugned show cause notice, after the lapse of thirteen years.

Case Briefs High Courts

‘Blatantly infringed Louis Vuitton marks’; Delhi High Court grants permanent injunction and imposes Rs. 9.59 lakh costs on the manufacturers for selling counterfeit goods

The Delhi High Court opined that the defendants took unfair advantage of the reputation and goodwill of Louis Vuitton (LV) marks and deceived the unwary consumers of their association with the LV marks.

Case Briefs High Courts

State facing water shortage due to deforestation in hill areas; Manipur High Court takes suo motu cognizance of a news report published in Imphal Free Press

The Manipur High Court took suo motu cognizance of a news report published in Imphal Free Press, titled “State facing water scarcity due to deforestation in hill areas”.

Case Briefs High Courts

Delhi High Court restrains 40 rogue websites from illegally hosting, streaming, reproducing, and distributing of original cinematographic work of entertainment companies

The Delhi High Court restrained 40 rogue websites from illegally streaming original copyrighted cinematographic work of Universal City Studios, Warner Bros, Netflix, Disney, and other entertainment companies.

Case Briefs High Courts

Writ jurisdiction cannot be invoked to avoid contractual obligations or to modify the contract: Delhi High Court upholds Single Judge’s decision

The writ court should not exercise its powers under Article 226 of the Constitution which will obstruct contractual rights between the parties.

Case Briefs High Courts

Frame guidelines for providing adequate number of toilets and sanitary napkins dispenser facilities to girls in schools: Patna High Court

The Patna High Court opined that when guidelines for providing toilets and sanitary napkin dispenser facilities for girls in schools were issued, the District Administration or the local bodies could be entrusted with the establishment and maintenance of such facilities in a seamless manner.

Case Briefs High Courts

‘Child not comfortable with her mother’; Patna High Court upholds Family Court’s decision of giving daughter’s custody to her father

The Patna High Court observed that the daughter wanted to reside with her brother and father and was not comfortable in staying with her mother, thus, the Court upheld the Family Court’s decision of giving the daughter’s custody to her father.

Case Briefs High Courts

Pursuing Master of Law Program not to be considered as a break in practice of an advocate: Delhi High Court

The Delhi High Court holds that pursuing Master of Law Program would not be considered as a break in practice of an advocate as per Resolution No. 160/2009 passed by Bar Council of India. Further, the advocate is not required to suspend his enrolment to pursue the said program.

Case Briefs High Courts

Surrender of right to use spectrum before commencement of Finance Act, 2016, not chargeable to service tax; Delhi High Court sets aside service tax demand of Rs. 56 crores against MTNL

The Delhi High Court set aside the demand for service tax of Rs. 56 crores against MTNL holding that the surrender of any right to use the spectrum before 14-5-2016, the date on which the Finance Act, 2016 came into force, will not be chargeable to service tax.

Case Briefs High Courts

Outstanding from forex fluctuations are not ‘proceeds of crime’ under the PMLA Act: Telangana High Court quashes ED case against Sukesh Gupta, Director of MBS Jewellers

The Telangana High Court quashed ED case against Sukesh Gupta and opined that the differential amount of rupee dollar fluctuation could be termed as an outstanding which could be recovered in a civil suit but could not be termed as ‘proceeds of crime’.

Case Briefs High Courts

Services provided by EY India to overseas EY entities are not “intermediary services”; Delhi High Court directs processing of ITC refund applications filed by EY India

The Delhi High Court held that Ernst and Young Ltd. is not an ‘intermediary’ under the IGST Act, as it does not arranges or facilitates services to overseas EY entities from the third parties but only renders services to them.