Arushi, Author at SCC Times

Delhi High Court directs advocate to render pro bono legal services for his misbehaviour and unnecessary aggressive behaviour in courtroom

There can be no doubt unnecessary aggression and raising of voice in Court which demonstrates disrespect cannot be tolerated. Lawyers are ought to maintain decorum in the court room.

Case Briefs High Courts

Delhi HC grants permanent injunction in favour Eureka Forbes; restrains trade mark and copyright infringement of Aquaguard’s spare parts

Defendant 3 has taken unfair advantage of the reputation and goodwill of the plaintiff’s trade marks/artistic works and has also deceived the unwary consumers of their association with the plaintiff by dishonestly adopting the plaintiff’s registered marks/labels without any plausible explanation.

Case Briefs High Courts

Delhi HC grants relief to Kiranakart Technologies for its quick commerce platform Zepto; directs cancellation of ‘ZEPTO’ trade mark registered by an individual in 2014

The petitioner has filed an affidavit of the authorized representative of an independent investigating agency to support its averments regarding non-use of the impugned mark by Respondent 1 in relation to the services in class 35 for nearly 8 years up to the date of filing of the present petition.

Cases Reported Never Reported Judgments

NRJ Series| Agreement to be effectual as an assignment of actionable claim must be in writing and comply with Section 130 of Transfer of Property Act, 1882 [(1954) 2 SCC 869]

This report covers the Supreme Court’s Never Reported Judgment on actionable claim dating back to the year 1954.

Case Briefs High Courts

Letters Patent Appeal will not lie against judgment passed by Single Judge in appellate jurisdiction or against order by Court subject to superintendence of this Court: Delhi HC

The jurisdiction available to this Court under Article 227 of the Constitution is primarily in the nature of superintendence and accordingly the Letters Patent Appeal will not lie in the instant matter.

Case Briefs High Courts

‘Does not affect investigative prerogatives’; Delhi HC upholds order to preserve Call Detail Records, location data of CBI officials and independent witnesses

Since the Call Detail Records and location data have only been ordered to be preserved and not disclosed, there is no basis for the petitioner’s apprehension that this would provide an undue advantage to the defence. The direction simply ensures that potentially relevant evidence is not lost due to automatic deletion.

Case Briefs High Courts

Delhi HC temporarily restrains Azure Hospitality from playing Phonographic Performance’s copyrighted songs without license in its restaurants/bars

The act of the defendants of playing the sound recordings in their restaurants/bars, for which the plaintiff holds the copyright would, on a prima facie view, amount to infringement of the plaintiff’s copyright in terms of Section 51 of the Copyright Act, 1957.

Case Briefs High Courts

Delhi HC directs to conclude trial of acid attack accused in a month; Issues directions for compliance of higher courts’ order to conclude trials in time bound manner

It is unfortunate that despite directions from Supreme Court and this Court, the trial has not yet concluded. This was unacceptable, considering that such directions were passed while disposing of the bail application, and the accused is in judicial custody for over 10 years. Such prolonged delay in compliance with judicial directions defeats the very purpose of directing expeditious trial.

Case Briefs High Courts

‘Real women empowerment begins with right to live and move freely without fear’; Delhi HC upholds conviction of a man accused of harassment in public space

Public transport, which is meant to ensure mobility and independence, instead became a site of fear and vulnerability for the victim, and any undue leniency to an accused caught at the spot, may embolden any future for perpetrators.

Case Briefs High Courts

‘Deliberate attempt to misled and confuse consumers’; Delhi HC awards costs and damages of Rs. 20 lakhs to Castrol Ltd in trade mark dispute

Upon careful comparison of the plaintiff’s trade dress and that of the defendants, it became apparent that the overall colour scheme, get-up and layout of the defendants’ impugned packaging is nearly identical to that of the plaintiff’s trade dress.

Hot Off The Press News

Kerala Court grants bail to BJP leader PC George in hate speech case

A case was registered against PC George, alleging commission of offences punishable under Sections 196(1)(a), 299 of Bharatiya Nyaya Sanhita, 2023 and Section 120(o) of Kerala Police Act, 2011.

Case Briefs High Courts

RVNL is liable to be taxed at concessional rate of 12% GST, and not 18% for railway work contracts: Madras HC

After applying the definition of Railway as defined under the Railways Act, 1989, to the contract between the petitioner and RVNL, it would constitute that the work specified under the contract is the original work pertaining to railway for the purpose of the subject notification and thus, covered under Serial No. 3(v)(a) of the notification dated 28-06-2017 issued by Central Government.

Case Briefs High Courts

‘Retention of balance after assessing officer reduced the demand amounts to unjust enrichment’; Jharkhand HC orders refund of pre-deposit amount submitted during appeal proceedings

The Court stated that it failed to understand how the respondents could have retained the amounts deposited by the petitioner at the time of preferring the appeal and seeking stay of demand, after the appeal is decided, and matter is remitted back, and fresh assessment order is passed.

Case Briefs High Courts

‘Ought to have complied with Section 115 of Mental Healthcare Act’; Kerala HC sets aside conviction of a mother who killed her infant son and then attempted suicide

On literal interpretation of Section 115(1) of Mental Healthcare Act, 2017, it can be stated that any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and cannot be tried and punished for any offences under Penal Code, 1860.

Case Briefs High Courts

‘Expedition of trial cannot be at cost of fairness’; Delhi HC permits cross examination of Head Constable in Delhi riots case

While this court does not fault the Trial Court for attempting to proceed with the trial expeditiously, but, denying to the petitioner (‘accused’) the right to cross-examine the Head Constable on an issue which is critical to his defence appears to have been a disproportionate sense of expedition.

Cases Reported Never Reported Judgments

NRJ Series| When SC held repayment of original debtor’s debts by his legal heirs as a good consideration in agreement between parties [(1954) 2 SCC 847]

This report covers the Supreme Court’s Never Reported Judgment on consideration, dating back to the year 1954.

Case Briefs High Courts

Delhi High Court temporarily restrains use of ‘Masaba’ mark; grants interim protection to House of Masaba in a trade mark case

The plaintiff averred that given the widespread sale, promotional and advertising activities undertaken by the plaintiff, the registered trade marks has become the single source identifier of the plaintiff and its goods and services.

Case Briefs High Courts

Law should evolve to acknowledge and respect adolescent relationships, if they are consensual and free from coercion: Delhi HC upholds acquittal of POCSO accused

While the legal age of consent is important for protecting minors, the adolescents should be allowed to express their feelings and engage in relationships without fear of criminalization. The focus of the law should be on preventing exploitation and abuse rather than punishing love.

Case Briefs High Courts

Duty of educated litigant does not end merely by signing counsel’s fee cheque; expected to keep track of litigation: Delhi HC dismisses application seeking condonation of delay

The appellants cannot seek condonation of such colossal delay under the pretext of professional misconduct of their previous counsel. It is not only the colossal length of delay; it is the unacceptable explanation of the delay, which must be discarded.

Case Briefs High Courts

Delhi HC appoints Justice Arvind Sangwan as sole arbitrator in a petition filed by Dixon Technologies

The arbitration would take place under the aegis of the Delhi International Arbitration Centre and would abide by its rules and regulations.