Arushi, Author at SCC Times

Mere assertions or absence of recovery of narcotics from accused insufficient when nexus with narcotic network prima facie exists: Delhi High Court

The Court observed that accused prima facie seems to be involved in organized narcotic network and has been frequently in touch with the main supplier of the contraband and with the receiver of the contraband.

Case Briefs High Courts

Mere suspicion of extra-marital affair, however morally reprehensible, does not per se amount to abetment of suicide: Delhi HC grants bail to a man accused u/s 498A, 304-B IPC

Even after assuming, that such relationship existed between petitioner and his sister-in-law, or demeaning language in reference to the deceased, was exchanged via WhatsApp between them, these facts, stand alone, do not, prima facie, disclose the specific ingredients of cruelty or harassment related to dowry demand.

Case Briefs High Courts

Delhi HC directs CIC to determine whether inclusion of name in CBI’s list of ‘Undesirable Contact Men’ falls within exception under S. 24(1) RTI Act; remands case to CIC

“Prima facia, this Court finds merit in the petitioner’s argument that the publication of his name in the newspaper clipping, has resulted in a violation of human rights as the same has harmed his dignity and professional standing.”

Case Briefs High Courts

‘Completely erroneous to suggest vacations undermine speedy redressal of consumer disputes’; Delhi HC directs Department of Consumer Affairs to restore vacations in NCDRC

The Court stated that the notion that courts/tribunals have excessive vacations is a common myth, based on a complete misconception as regards judicial functioning and workload. Further, even on working days, judicial work is not confined to presiding over court proceedings and extends well beyond regular working hours.

Case Briefs High Courts

‘Mere confinement to jail cannot reduce convict’s status to that of chattel’; Delhi HC grants parole to a murder convict

The Court stated that it cannot be overlooked that he has been in jail for more than twenty years and may be for a crime that he has committed but that does not denude him of his basic right to life.

Case Briefs High Courts

Delhi High Court sets aside charge u/s 21 POCSO Act against mother for delay in reporting sexual assault of her child by father

The Court stated that when the mother herself was living under constant fear, abuse, and violence inflicted by the same man, who had assaulted her child, her capacity to protect, act, or even process the truth is also deeply impaired. It is vital to understand the state of helplessness and paralysis that may result in such a traumatic environment.

Case Briefs High Courts

‘Woman is considered as husband’s property and its devastating consequences is well documented in Mahabharata’; Delhi HC discharges man in adultery case

The Court stated that despite having example of Mahabharata to demonstrate the consequence of absurdity of treating of a woman as a chattel, the misogynistic mindset of our society understood this only when the Supreme Court declared Section 497 of Penal Code, 1860 as unconstitutional in Joseph Shine v. Union of India, (2018) 2 SCC 189.

Case Briefs High Courts

Merely because suicide is committed in parental home and not matrimonial home, does not mean it is not a case of dowry death: Delhi HC dismisses bail application

The expression “soon before her death” in Section 304-B of Penal Code, 1860 must be read as an expression of continuity of time and not an expression of mere length of time. The legislature in its wisdom had used the phrase as “soon before” and not “immediately before”.

Case Briefs High Courts

Delhi HC grants permission for transplantation of 26 trees to facilitate Supreme Court expansion project

The Court stated that the applicant should obtain necessary permissions from the municipal authorities concerned to see if more trees can be planted on the road leading to the Supreme Court as the same was enveloped with fully grown trees till some years ago.

Case Briefs High Courts

Delhi HC issues directions for considering guardianship application and protection of children’s properties

Courts are zealous guardians for the protection of the properties of minors and efforts must be made to ensure that the properties are immediately secured so that they are not frittered by unscrupulous relatives who like vultures want to prey on the meagre belongings that have been left behind.

Case Briefs High Courts

Delhi HC grants permanent injunction to Tata Group’s Ginger Hotels; restrains fake websites from infringing its trade mark

The Court stated that Defendants 1,8, 9 and 10 are engaged in illegal activities, which are potentially criminal in nature, and are aimed at deceiving unwary consumers by making them pay through their website under the false pretence of securing reservations with the plaintiff’s ‘GINGER’ hotels.

Case Briefs High Courts

DNA report merely proves paternity, and it cannot by itself establish absence of consent: Delhi HC acquits a man convicted of rape

Despite having multiple opportunities to report the alleged acts, complainant remained silent. Her complaint came only after the pregnancy was discovered. The Court stated that these facts lend credence to the possibility that the FIR was a reaction to social pressure and the nature of the relationship was re-cast retrospectively to explain an unwanted pregnancy.

Case Briefs High Courts

Delhi HC grants permanent injunction in favour of Peak XV Partners; restrains fraudulent websites and WhatsApp groups from passing off its trade mark

The unauthorized actions of Defendant 1, including the creation and operation of fraudulent WhatsApp/Telegram groups, websites and mobile apps, have given rise to substantial confusion, leading individuals to falsely believe that the impugned groups and website are affiliated with plaintiff.

Case Briefs High Courts

Delhi HC grants relief to e-commerce platform ‘Purplle’; directs removal of mark ‘Purplle Tree’ from Register of Trade Marks

Despite Respondent 1’s endeavour to create distinctions, it is crystal clear that the marks are confusingly/deceptively similar to the petitioner’s registered trade mark. Such use of a similar mark would invariably mislead consumers and members into believing that the goods under the impugned mark were sourced from the petitioner.

Case Briefs High Courts

Delhi HC restrains rogue websites from illegally streaming IPL 2025 matches; grants ‘dynamic+’ injunction in favour of Star India

The systematic, organised and intentional nature of the infringement, and the regularity and consistency with which the said content is being updated/ uploaded on the said “rogue websites” shows the extent of the violation of the rights of the plaintiff in real time.

Case Briefs High Courts

Delhi HC grants permanent injunction against shop owners from infringing Louis Vuitton trade marks on wallets, handbags, belts etc.

The Court stated that the mala fide intent of Defendants 7 and 8, is evident from their infringing activity of selling counterfeit products bearing the plaintiff’s trade mark with the sole objective of capitalizing on the immense goodwill and brand image enjoyed by the plaintiff.

Case Briefs High Courts

Patriarchal to say that woman must foresee marriage problems solely because she is elder to her partner; DHC refuses to quash FIR against a man accused of rape on pretext of marriage

The accused, despite being fully aware of the age difference, actively pursued the relationship, gave assurances of marriage, and induced the victim to make financial and emotional commitments.

Case Briefs High Courts

Delhi High Court grants bail to an alleged member of Lawrence Bishnoi Gang accused of shooting outside of Ex-MLA’s residence

The CCTV footage exhibited before the Court does not clearly reveal the shooter’s identity. Moreover, the forensic analysis of the CCTV footage and the Call Detail Records analysis of the accused’s mobile phone is still pending. Therefore, the Court refrains from drawing any conclusions at this stage.

Case Briefs High Courts

Delhi HC seeks Centre’s response on regulatory mechanism to ensure taxi apps are disabled friendly prior to their launch and have all accessibility features mandated under law

The Accessibility Audit Report revealed an alarming state of affairs inasmuch as 207 accessibility issues is identified in the ‘Rapido Android App’. Notably, 81 of these issues are referred to as “High Impact (P0)”.

Case Briefs High Courts

‘Section 482 of CrPC cannot be used as an instrument to short circuit prosecution and bring its sudden death’; Delhi HC dismisses petition seeking to quash FIRs

When exercising jurisdiction under Section 482 of CrPC, the Court will not ordinarily embark upon an inquiry whether the evidence in question is reliable or whether on a reasonable appreciation of it the accusations will not be sustained, as that is the function of the Trial Court.