Arushi, Author at SCC Times

‘Forcing to file written statement during mediation will hamper entire mediation process’: Delhi HC excludes time spent in mediation for calculating limitation to file written statement

Forcing the parties to file a written statement or to complete the pleadings during the process of mediation will prevent the parties in freely communicating with each other, which they have not been able to do since the dispute started.

Hot Off The Press News

Kerala Court acquits actor Shine Tom Chacko and six others in 2015 NDPS case

Shine Tom Chacko and others were arrested by the police, suspecting cocaine and other narcotic substances use during a party.

Case Briefs High Courts

Delhi High Court declares PETER ENGLAND as well-known trade mark

Considering the widespread promotional and advertisement activities undertaken by the plaintiff, it is apparent that the trade mark ‘PETER ENGLAND’ has become the single source identifier of the plaintiff and its goods and services.

Cases Reported Never Reported Judgments

NRJ Series| Proposal with several parts must be accepted/rejected in its entirety; acceptance of one part will at best be counter-offer and not a contract [(1954) 2 SCC 728]

This report covers the Supreme Court’s Never Reported Judgment on what constitutes as a contract, dating back to the year 1954.

Case Briefs High Courts

Section 29A of Representation of People Act, 1951 does not confer upon ECI to supervise internal elections of registered political party: Delhi HC

It is not for the Election Commission of India (‘ECI’) to resolve internal management disputes of political parties and in case of any grievance, the remedy may lie in taking recourse to filing a declaratory suit or any other appropriate civil remedy.

Case Briefs High Courts

Delhi High Court grants ad interim injunction to leading pharmaceutical company NOVARTIS; restrains use of NOVITAS mark

The plaintiffs submitted that the confusingly similar trade mark in the field of pharmaceuticals, create greater injury as compared to products and services in other fields.

Case Briefs High Courts

Persons not having birth certificate due to socio-economic backwardness cannot be denied opportunity of competing in sporting events: Delhi HC

“This Court cannot be oblivious of the fact that on account of socio-economic backwardness, it may not have been feasible in some cases, to obtain the birth certificates/other documents evidencing the age of the person within certain years from the date of birth.”

Case Briefs High Courts

Delhi HC directs DLSA to ensure appropriate mechanism to monitor appearance of legal aid counsels; consider establishing mechanism to report non-representation

“The present judgment is only an attempt to put in place a mechanism to address delays caused by the non-appearance of legal aid counsels and to prevent the dismissal of cases involving individuals who are already vulnerable and seeking justice.”

Case Briefs High Courts

Simply because application to refer parties to arbitration is rejected, right to file written statement cannot be forfeited on same date: Andhra Pradesh HC

The High Court held that the Trial Court ought to have passed separate order, in accordance with law, considering the provisions related to filing of the written statement and its forfeiture, also, keeping a view that the procedural law is handmaid of justice and the Court has the power to extend the time for filing of the written statement in the facts and circumstances of each and every case.

Case Briefs High Courts

Wife’s temporary job will not disentitle her to claim maintenance from husband, if income from said job is insufficient for her maintenance: Kerala HC

“The test is whether the wife is able to maintain herself more or less in the status, in which her husband has maintained her. The wife is entitled to live the same standard of life as she lived along with the husband.”

Case Briefs High Courts

Human Rights Commissions not meant to be ‘toothless tigers’; must be ‘fierce defenders’ safeguarding the right to live without fear and with dignity: Delhi HC

Human rights are not ordinary rights. These rights are integral to Article 21, which recognizes the right to life. The reports and recommendations of Human Rights Commissions are needed to be treated with seriousness and not rendered edentulous or pointless.

Case Briefs High Courts

Sexual assault against minors also attacks their innocence and sense of safety; often leave permanent psychological scars: Delhi HC dismisses bail application of POCSO accused

“It is a stark reminder of an unfortunate reality frequently observed by courts, where acts of sexual assault against children were often committed by individuals who occupy positions of trust or confidence in the child’s life. Such relationships of familiarity and trust not only provide perpetrators access to the child but also magnify the betrayal and lasting impact of the crime.”

Case Briefs High Courts

Delhi HC grants bail to four co-owners of coaching centre basement in flooding case leading to death of three civil services aspirants

The Court directed the applicants (‘accused persons’) to make their voluntary donation of Rs. 5 lakhs with Delhi State Legal Services Authority (‘DSLSA’), within two weeks, towards the welfare of the families of the deceased. The member secretary, DSLSA, shall then consider the claims from the families of deceased and issue direction for disbursal of the said amount after due consideration.

Case Briefs High Courts

‘Merely smoking is no ground to conclude that victim is of deviant character’; Kerala HC upholds conviction u/s 377 IPC

“Youngsters are prone to commit mistakes/follies during their teens or young age for which they cannot be branded as deviant and wholly unreliable.”

Cases Reported Never Reported Judgments

NRJ Series | When SC remitted case of recovery of possession to Trial Court for rehearing as per general law, since customary law was only applicable to ryots of village [(1954) 2 SCC 699]

This report covers the Supreme Court’s Never Reported Judgment on suit for recovery of possession, dating back to the year 1954.

Case Briefs High Courts

Considerations for bail cannot be same in cases involving anti-national activities, terrorism and involvement with dreaded gangsters: Delhi HC dismisses bail petition of UAPA accused

“This Court while acknowledging that speedy trial is necessary as a Constitutional prescription, observes that in cases involving anti-national activities and terrorism on an international scale, long incarceration in itself ought not to lead to enlargement on bail, when facts showed involvement in such activities which can have a national and transnational impact.”

Case Briefs High Courts

‘Identical marks, identical goods/services and identical target consumers’: Delhi HC grants relief in favour of Rapido in trade mark dispute

“It is clear that the impugned mark has been adopted by Respondent 1 dishonestly to trade upon the goodwill and reputation of the petitioner under the RAPIDO marks and to associate itself with the petitioner.”

Case Briefs High Courts

Magic mushroom not a scheduled narcotic or psychotropic substance: Kerala HC grants bail to NDPS accused

In the present case, since the charas and ganja seized from the accused were of small quantities, the question to be decided by the Court is whether the mushroom and magic mushroom capsules together can be considered as commercial quantity.

Case Briefs High Courts

‘Details of manual strangulation reflects how victim suffered traumatic end of her life’; Delhi HC dismisses bail application of husband in dowry death case

“To trivialize a case of murder on the ground that the accused and the victim, being husband and wife, had an altercation and therefore, the husband being drunk at the spur of the moment, had killed her, is not only unacceptable but also shocking.”

Case Briefs High Courts

Considering hospitalisation as pre-requisite to invoke S. 498-A IPC erodes purpose of provision; such narrow interpretation will render provision ineffective: Delhi HC

The husband’s contention that the present case is not a case where the wife is hospitalised due to cruelty or harassment committed upon her, is not only unmerited but also cross the threshold of having a mentality that in a serious Section 498-A IPC cases, the woman should have injuries and medical treatment record of a hospital.