Arushi, Author at SCC Times

Supreme Court recalls its order restraining Allahabad HC Judge from hearing criminal matters

“We reiterate that whatever was said in our order was to ensure that the dignity and authority of the judiciary as a whole is maintained high in the minds of the people of this country, as that will go a long way in reinforcing the faith that is reposed in us.”

Case Briefs Supreme Court

‘One of the worse and most erroneous order’: Supreme Court sets aside Allahabad High Court’s order; remands matter for fresh consideration

“At times we are left wondering whether such orders are passed on some extraneous considerations or it is sheer ignorance of law. Whatever it be, passing of such absurd and erroneous orders is something unpardonable.”

Case Briefs Supreme Court

Employees can claim compensation under Employment Compensation Act in cases of accidents during work commute: Supreme Court

Where statutes in pari materia serve a common object in absence of any provision indicating to the contrary, it is permissible for a court of law to ascertain the meaning of the provision in the enactment by comparing its language with the other enactment relating to the same subject matter.

Case Briefs Supreme Court

Constitutional bar against retrospectively imposing harsher penalty is clear and absolute: Supreme Court modifies sentence in POCSO case

Since the offence was committed on 20-5-2019, the amended provision of Section 6 of the Protection of Children from Sexual Offences (Amendment) Act, 2019, which came into force on 16-8-2019, could not have been applied to his case.

Case Briefs Supreme Court

Hyatt International has ‘permanent establishment’ in India under India-UAE DTAA; liable to pay tax in India: Supreme Court upholds Delhi HC’s decision

“Once it is found that there is continuity in the business operations, the intermittent presence or return of a particular employee becomes immaterial and insignificant in determining the existence of a permanent establishment.”

Case Briefs Supreme Court

‘Fraud is an exception to doctrine of merger’: Supreme Court recalls its own judgment obtained by fraud

The application of the doctrine of merger, in every case, shall be accompanied by an awareness of its limitations and shall not be wielded to close avenues for addressing genuine concerns. Prioritizing justice and fairness shall supersede an absolute insistence on finality.

Case Briefs Supreme Court

‘Not born as criminals’: Supreme Court permits woman convicted for fiancé’s murder to seek pardon

Mere punishment per se would not constitute a remedy for an act of crime. Therefore, the idea is to reform and rehabilitate the deviant person to bring him back into the fold of society.

Case Briefs High Courts

Delhi High Court directs State to reconsider premature release of a prisoner incarcerated for more than 21 years; suggests reconstitution of Sentence Review Board

“The Sentence Review Board (‘SRB’) deals with human beings, that too those who have been deprived of liberty across a long span of time on account of their aggression which led to criminality. The approach of the SRB ought to be reformation oriented and not a routine disposal/statistic dominated exercise.”

Case Briefs High Courts

Delhi High Court protects ‘BURGER SINGH’ trade mark in Franchise Violation Case

The Court appointed a Local Commissioner to visit a premise, as petitioner the petitioner apprehended that the respondent was likely to remove all evidence to deny its involvement in infringing activities.

Case Briefs High Courts

Delhi High Court grants interim injunction in favour of Bima Sugam India Federation; restrains use of ‘BIMA SUGAM’ mark

“The registration of the impugned domain names by Defendant 1 would be prejudicial to public interest as the Defendant 1 is seeking to monopolize the mark, which was announced by the Insurance Regulator IRDAI for a specific purpose in public interest.”

Case Briefs High Courts

‘Every degree awarded after graduation cannot be termed as post-graduation’; Delhi High Court quashes appointment of NCISM, Chairperson

The Ph.D. degree which was awarded to Respondent 5 did not presuppose acquisition of lower qualification, i.e. master’s degree in Ayurveda. Respondent 5 was admitted to Ph.D. course without undergoing the master’s degree course immediately after obtaining his graduation degree in Ayurveda.

Case Briefs High Courts

Delhi High Court: Forcible removal of minor child by parent to new place doesn’t make that place an ordinary residence

“While it is correct that for purposes of invoking jurisdiction under Section 9 of the Guardians and Wards Act, 1890, it is not necessary for the child to be a permanent resident of the place and even a temporary residence shall suffice, such temporary residence should not be illegal or forceful.”

Case Briefs High Courts

In absence of any documentary proof of date of birth, ossification test is required: Delhi HC sets aside conviction under POCSO Act

“In the present case, despite the clear statement given by the survivor that the relationship between the appellant and herself was consensual in nature, he has been convicted under the POCSO Act only for the reason that on the date of incident she was less than 18 years of age.”

Case Briefs High Courts

Public shaming of students for financial default is mental harassment, harms child’s psychological well-being: Delhi High Court on DPS Dwarka Controversy

“The driving force and character of a school is rooted not in profit maximisation but in public welfare, nation building and the holistic development of children. The primary objective of a school is to impart education and inculcate values, not to operate as a business enterprise.”

Case Briefs High Courts

Delhi HC permits IndiaMART to use ‘PUMA’ mark as a search option in drop-down menu; directs to take down infringing listings on notice

“The fact that IndiaMART provides an option for a seller to choose the brand of its products specifically describing its goods cannot, prima facie, be held to be a ground to hold that it aids and abets the infringer in displaying the counterfeit products of a particular brand.”

Case Briefs High Courts

Delhi HC quashes FIR in POCSO case considering victim’s privacy and her future prospects including marriage; directs accused to do community service

The Court noted that the complainant (‘victim’) and her mother, were currently exploring matrimonial prospects, and that the pendency of a criminal case might result as a serious impediment to her future opportunities and personal relationships.

Case Briefs

Delhi HC declares ‘RITZ’ and ‘RITZ-CARLTON’ well-known trade marks in respect of hotels and other services in hospitality industry

The plaintiffs submitted that the RITZ and RITZ-CARLTON marks are widely recognized and known among Indian consumers, especially in the hospitality and travel industry. The plaintiffs have promoted their respective trade marks heavily and have been recognized and given multiple awards and accolades.

Case Briefs High Courts

‘Hard labour cannot be overlooked’; Delhi HC directs NIOS to declare Class 12 result on or before 17 June to facilitate counselling for JEE-mains qualified students

The Court highlighted that some of the petitioners have scored good percentile and further, some of them are even from the marginalised sections of the society. They will be deprived of participation in counselling and consequent admission to the course and institute of their choice for reasons beyond their control, as the result of class 12 is yet to be declared by NIOS.

Case Briefs High Courts

Delhi HC grants interim protection to Sadhguru’s personality rights; restrains misuse of his rights through AI

The Court observed that many accounts on YouTube channels and Meta’s social media platforms are using modern day technology to modify the voice, image, likeness etc. of Sadhguru to garner more views and subscribers to piggyback on his name and reputation.

Case Briefs High Courts

Delhi HC grants bail to film director falsely accused of rape; highlights trend of lodging false complaints of sexual offences

“Every false complaint of sexual offences not just causes immense damage to the person accused of the offence, but also creates cynicism and distrust across the society, which leads to even the genuine victims of sexual offences suffer, as society starts suspecting her truthful complaint also to be false.”