Simranjeet, Author at SCC Times

Attempt to commit suicide and false allegations of illicit relationship, amount to mental cruelty: Delhi High Court reiterates

“False allegations of illicit relationship are the ultimate kind of cruelty as it reflects a complete breakdown of trust and faith amongst the spouses without which no matrimonial relationship can survive.”

Case Briefs High Courts

Mere absence of injuries cannot be a ground to hold that penetrative sexual assault did not take place: Delhi High Court

The Trial Court observed that the victim was very young at the time of the incident and minor contradictions could not be a ground to disbelieve her testimony.”

Case Briefs High Courts

‘Mere fining not sufficient’; Uttaranchal High Court directs State to blacklist handlers/owners who subject their Equines to cruelty, maltreatment

“The District Magistrate concerned is to ensure that sufficient police force is deployed at barrier to prevent forced unauthorized entry into Yatra Route by unregistered handlers, along with their unregistered Equines and any other routes, which are not barricaded, should be blocked to prevent unauthorized entry.”

Case Briefs High Courts

Google’s use of trade marks as keywords for display of advertisements, amounts to ‘use’ under Section 29(6) of Trade Marks Act, 1999: Delhi High Court

“There is nothing illegal in seeking out internet users as targets for advertisements that they may find relevant. In brick-and-mortar world, there will be no question of infringement if customers looking for a product are also offered products of rival competitors”.

Case Briefs High Courts

‘Demolition carried out is in violation of interim orders’; Patna High Court initiates contempt case against officials of Patna Municipal Corporation

“A contempt case is initiated against the Municipal Commissioner, the Additional Municipal Commissioner, the Executive Officer and the Executive Engineer of the Patna Municipal Corporation; and against the Project Director of the Patna Smart City.”

Case Briefs High Courts

Delhi High Court directs Registrar of Trade Marks to remove Deal International’s mark ‘SHERRIN’ due to non-use and trade mark squatting

“The logo and style of writing of the mark ‘SHERRIN’ having been designed in Australia by Russell Corp Australia (P) Ltd., several years prior to the application filed by Ashok Mahajan, trading as Deal International, is also liable to be protected under the law of copyright.”

Case Briefs High Courts

Delhi High Court takes suo motu cognizance of sexual assault on 3-year-old girl child by school cleaner in South Delhi

“The counsel for the respondent was directed to take all necessary measures to protect the identity and right to privacy of the girl child and that the media acts in compliance with Section 23 of Protection of Children from Sexual Offences Act, 2012.”

Case Briefs High Courts

‘Right to conduct business is subject to reasonable restrictions’; Delhi HC dismisses plea to quash Northern Railways tender notification on new trains

“Engaging in opportunistic litigation undermines the fairness and credibility of the tendering process, creating an environment of unpredictability. Such practices must be strongly discouraged to ensure the integrity of the tendering system of procurement.”

Case Briefs High Courts

Delhi HC directs Goldmines Telefilms to not upload audio-visual songs from 14 movies in copyright infringement case by Super Cassettes Industries

“The suit is filed in respect of exploitation of audio-visual songs from the movies, namely, Diljale; Main Aisa Hi Hoon; Vaastav; Bees Saal Baad; Ek Chaddar Maili Si; Guru; Hisaab Khoon Ka; Jungbaaz; Pati Patni Aur Tawaif; Pyaar Ka Mandir; Tahakla; Muddat; Indaniyat ke dushman; and Oonche Log.”

Case Briefs High Courts

Superior court’s reversal/modification of a question of law forming the basis of a judgment cannot be a ground for review; Delhi HC reiterates

“In certain situations, it may be expedient to leave it to the arbitrator to determine the issue as to whether stamping is insufficient, and if so, the arbitrator will take recourse to Section 33 of the Stamp Act, 1889.”

Case Briefs High Courts

‘Policy framed by the Government is in national interest’; Delhi High Court dismisses plea against conversion of Ordnance Factory Board into Corporations

“The policy decision of the Government is aimed to enhance functional autonomy, efficiency and unleash new growth potential and innovation in Ordnance Factories. The re-structuring is aimed at transforming the Ordnance Factories into productive and profitable assets, deepen specialization in product range, enhance competitiveness, improving quality and cost efficiency.”

joint estate co-sharer immovable property

Cases Reported Never Reported Judgments

Never Reported Judgment | When a co-sharer in possession of a joint estate disposes of entire property and appropriates sale proceeds, he will be accountable for money to other co-sharers [1951 SCC 122]

“This report covers the Supreme Court's Never Reported Judgment dating back to the year 1951 on Transfer of Property Act, 1882.”

Case Briefs High Courts

Delhi High Court grants injunction in favour of Glaxo Group for its marks Betnovate-N, Betnovate-C, T-Bact, Cobadex, Zentel, Augmentin

“The comparison of the defendant’s and the plaintiffs’ marks will show that the defendant has not merely copied one mark or packaging but has deliberately adopted a series of marks, in packaging with almost identical colour combinations.”

Case Briefs High Courts

Delhi High Court grants permanent injunction to New Balance Athletics Inc for its ‘N’ device mark

“The matter will next be listed on 16-08-2023, to decide whether the plaintiff’s registered trade marks , and , are “well-known” trade marks within the meaning of Section 2(1)(zg) of the Trade Marks Act, 1999.”

Case Briefs High Courts

Provide column for ‘no religion’, ‘no caste’ in birth certificate applications: Telangana High Court directs State Government

“The right to freely profess, practice or propagate any religion, includes in it the citizens right to say that they do not believe in any religion, and they do not want to profess, practice, or propagate any religion. The State cannot compel the citizen to profess or declare that he belongs to one religion or the other.”

Case Briefs High Courts

[SpiceJet v. Kal Airways] Delhi High Court upholds Arbitral Award of Rs. 270 crores; rejects SpiceJet’s plea

“The Tribunal provided reasons for the findings delivered, and there was no perversity apparent on the face of the record or which goes to the root of the matter. Therefore, the impugned Award could not be said to be patently illegal.”

Case Briefs High Courts

No permanent injunction to Prestige after expiration of suit design; entitled to rendition of accounts against Gupta Light House: Delhi High Court

“The defendant’s pressure cookers are imitative of the suit designs of the plaintiff and the case of piracy under Section 22(1) of the Designs Act, 2000 exists, but due to the expiry, the suit design is now in the public domain and there can be no judgment or decree restraining use of the suit design by anyone.”

Cases Reported Never Reported Judgments

Never Reported Judgment | When contract is not for delivery of goods in installments, supplier cannot treat non-payment of goods as ground for non-delivery of balance goods [1951 SCC 267]

This report covers the Supreme Court's Never Reported Judgment dating back to the year 1951 on breach of contract.

Case Briefs High Courts

Delhi High Court directs Indian Railways to ensure periodic audit for safety and security measures at Stations

The measures undertaken by the Indian Railways clearly reflected that the safety and security of passengers was of paramount importance to the Railways.

Case Briefs High Courts

Delhi High Court directs National Rare Diseases Committee to explore possibility of procuring medication for Spinal Muscular Atrophy at affordable price

“Effective deliberations between companies and National Rare Diseases Committee and also a positive response from the Companies will have substantial impact on lives of children who are suffering from rare diseases.”