Arushi, Author at SCC Times

Orders passed by High Court shall be complied despite enforcement of Model Code of Conduct due to Lok Sabha elections: Punjab and Haryana HC clarifies

The Court opined that the authorities are fully authorized and are under a legal duty to execute the orders of High Court without any specific permission form or intervention of the Election Commission of India.

Case Briefs High Courts

Chhattisgarh HC registers suo motu PIL based on news report highlighting lack of sufficient staff and experts at Cyber Police Stations

The Court opined that it is highly disturbing and a matter of great concern that the people are being misled, allured and deceived by the persons using digital technology and electronic devices which come under the category of cybercrime.

Case Briefs Tribunals/Commissions/Regulatory Bodies

BookMyShow is not receiving any consideration by allowing card companies to extend discount offers, thus not providing any service to them: CESTAT

“It is very simple in the accounting standards that unless invoice is raised consideration is not collected. Therefore, it is very clear from the record that the appellant was not receiving any consideration from card companies.”

Case Briefs High Courts

‘Classic instance of triple identity’: Delhi High Court grants permanent injunction in favour of Heifer Project International in a trade mark infringement dispute

“Even after the termination of their contractual relationship and the explicit withdrawal of rights to use the plaintiff’s trademarks and logos, defendants have unauthorisedly continued use of their deceptively similar marks.”

Case Briefs High Courts

‘Right gets extinguished only if it is relinquished by process known to law’; Delhi HC rules in favour of Bhaktivedanta Book Trust in Copyright Infringement case

“There is also no other compelling reason why the claim should not be disposed of before recording oral evidence, especially since the trust deed by which copyright was assigned was registered and the defendant does not claim to be either the owner, assignee or licensee of the said right.”

Case Briefs High Courts

Delhi High Court dismisses PIL seeking extraordinary interim bail for Arvind Kejriwal; imposes cost of Rs. 75,000

“Petitioner’s claim to be custodian and representative of the people of India, is nothing but a fanciful claim which is devoid of any basis.”

Case Briefs High Courts

‘Case where trust has been betrayed and social values are impaired’; Chhattisgarh HC upholds conviction and sentence of father who repeatedly raped his minor daughter

“Nothing can be more heinous than a crime committed on the person of a child by her father, the one who is duty-bound to provide her unflinching protection from all harm.”

compromise deed to drop criminal proceedings not unlawful

Cases Reported Never Reported Judgments

Never Reported Judgment| Mere clause in compromise deed to drop criminal proceedings between parties will not necessarily render compromise unlawful [(1953) 1 SCC 249]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on unlawful consideration.

Case Briefs High Courts

Onus of proof is on prosecution to prove beyond reasonable doubt that electricity meter is dishonestly damaged for electricity theft: Delhi High Court

“Even assuming the recorded consumption to be lesser than the average computed consumption of electricity, it can at best raise a doubt against the respondent; it cannot act as a proof beyond reasonable doubt to hold that the respondent has dishonestly tampered with the meter.”

Case Briefs High Courts

‘Certificate issued during pendency of dispute would not amount to final payment certificate’; Delhi HC sets aside arbitral award in conflict with public policy of country

“When no opportunity is given to deal with an argument which goes to the root of the case based on evidence which go behind the back of the party and results in a denial of justice to the prejudice of the party, the same would amount to violation of principle of natural justice.”

Case Briefs High Courts

‘Child abuser in eventuality of false implication suffer social stigma’: Delhi HC acquits a man convicted of sexually assaulting a twelve-year-old child

“The quarrel at the time of incident and matrimonial differences provides a strong motive for falsely implicating the appellant subsequently.”

Case Briefs High Courts

Courts will do well in not ordering concurrent running of sentences for serial offenders accused of heinous crimes: Punjab and Haryana High Court

“A sentencing policy which is unusually mild and sympathetic in its operation would have a disastrous effect on society and would do more harm than good to public confidence in the efficacy of law.”

Case Briefs High Courts

Delhi High Court refers dispute to Arbitration after finding service by email and WhatsApp sufficient

“The notice invoking arbitration sent to the same address was reported to have been delivered, but in the Speed Post report, by which the petition was sent to the address, it is stated that no such person is available at the address.”

Case Briefs High Courts

Delhi HC disposes of petition seeking directions to ensure personal data collected by foreign travel companies is kept confidential; grants liberty to approach UOI

Petitioner submitted that at least three major foreign travel companies, which are running their operations in India, are partially or fully owned by foreign investors, leading to concerns regarding potential misuse of citizens’ data.

BRS leader K Kavitha judicial custody April 23

Hot Off The Press News

[Excise Policy Case] Delhi Court sends BRS legislator K Kavitha to judicial custody till April 23

Central Board of Investigation submitted in the Court that K Kavitha was not responding to them.

Case Briefs High Courts

Union of India clarifies five percent IGST rate for import of dialysis machines in a petition before Delhi High Court

Respondents further submits that IGST rate of five percent is also applicable for “Artificial Kidney” and “Disposable sterilized dialyzer”.

Case Briefs High Courts

Protestors hiding behind a shield of religious legitimacy by placing Guru Granth Sahib is no reason for State to not act against them: Punjab and Haryana High Court

“On account of handful persons sitting and blocking the road, inconvenience is being caused to the commuters and residents of the Tri-city and the misery is continuing.”

Case Briefs High Courts

Delhi High Court rejects VCK party’s petition to allot “POT” symbol for contesting 2024 General Elections

“Petitioner has simply mentioned the numerical number of constituencies it intends to contest without complying with the mandatory provisions of the Election Symbols (Reservation and Allotment) Order, 1968”

Case Briefs High Courts

‘AMUL’ has gained wide, comprehensive and nation-wide reputation; its protection transcends all classes having been declared a well-known mark: Delhi HC

“What is striking, in this case, is that Respondent 1 has produced no document whatsoever which would prove their use since 1957, as claimed.”

Case Briefs High Courts

Person cannot be said to be absconded or evaded the execution of warrant when he went to a distant place before issuance of warrant: Punjab and Haryana High Court

Petitioner asserts that his absence was neither intentional nor deliberate as prior to the registration of the FIR as well as complaint, he was not residing in India since having settled in UK in 1988.