Editor, Author at SCC Times

HIGH COURT AUGUST 2024 WEEKLY ROUNDUP | Latest news relating to Telangana Media Accreditation Rules; Twitter; Google; and more

A quick review of reported cases this week from various High Courts across the country

Delhi High Court directs ‘Andaaz-E-Nizaam’ restaurant to change name in Trade Mark infringement plea by ‘Nizam’s

Section 47 of the Trade Marks Act, 1999 provides for taking a registered trade mark off the Register on account of non-use of the trade mark.

Legislation Updates Rules & Regulations

SEBI revises ‘Tenure’ of Category I and II Alternative Investment Fund vide SEBI (Alternative Investment Funds) (Fourth Amendment) Regulations, 2024

Through the 2024 Amendment Regulations, changes have also been made to the ‘Conditions for Category I and II Alternative Investment Funds.

Case Briefs High Courts

[Breach of promise to marry v. False promise to marry] Bombay HC refuses to quash FIR against rape accused, for extracting sexual relations on pretext of marriage

“The promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given”- Supreme Court in Pramod Suryabhan Pawar v. State of Maharashtra, (2019) 9 SCC 608

Case Briefs High Courts

‘Necessary ingredients of Sec. 11(6) clearly exist’; Delhi HC appoints Arbitrator to resolve dispute between Yuvraj Singh and real estate developer for claim of Rs. 1.38 Crores

“Deletion of party is an issue to be decided by the Arbitral Tribunal, it cannot be looked into by the Court under Section 11(6) of the Arbitration Act”

Case Briefs High Courts

‘Railways has moral imperative to showcase prompt response to concerns of general public’; Delhi HC directs Railways’ senior-most officer to consider complaint de novo

The Court said that the disposal letter by the Railways neither suggested that any effort was made nor provided any measure to help evade such fatal situations in the future.

Case Briefs High Courts

‘Associate Managers appointed u/S. 3(2) of Trade Marks Act are not empowered to pass quasi-judicial orders’; Calcutta HC

The Registrar dealing with an application under the Trade Marks Act is a quasi-judicial and delegation of power under Section 3(2) is an administrative power and as such the Associate Managers are not empowered to pass quasi-judicial orders.

Case Briefs High Courts

Delhi HC grants interim relief to Falcon Autotech against Chinese Entity

“Perusal of the affidavit filed by the director of the Indian company of the defendant, categorically shows that it has been stated in categorical terms that the company has been inoperative since its incorporation rendering the same as being ‘Defunct’.

Case Briefs District Court

State of Haryana directed to complete construction of public road and ensure removal of water logging; Kharkhoda Civil Court grants ad-interim relief to inhabitants of town

The Court said that ‘swachhta’ is not only limited to the disposal of garbage but essentially includes providing a basic infrastructure that makes human life worth living.

Case Briefs High Courts

‘Revenue Audit Objections a valid ground under Section 148 of Income Tax Act for reopening concluded assessment’: Allahabad HC

“There is no dispute regarding explanation given under Section 148 regarding information that can be relied upon by the Assessing Officer to reopen assessment of escaped income.”

Legislation Updates Rules & Regulations

Provisions for ‘market abuse’ and ‘mechanism for identification of market abuse’, introduced vide SEBI (Mutual Funds) (Second Amendment) Regulations, 2024

Apart from provisions for market abuse, the 2024 Amendment Regulations also direct asset management companies to establish a whistle-blower policy which must provide a confidential channel to raise concerns about fraud, unfair practices, etc.

Case Briefs High Courts

Read why Bombay HC changed husband’s conviction u/S. 307 to S. 308 for forcibly poisoning wife amidst a quarrel

“There was no premeditation, no pre-planning and no design on the part of the convict, in such a case, if that act had led to the death of the victim, it would not have been murder, but only the culpable homicide, not amounting to murder”.

Case Briefs High Courts

Delhi HC directs X (Twitter), Meta, and Google LLC to delete URLs containing posts/videos regarding dead centipede in ‘Amul’ vanilla ice cream tub

GCMMF has been given liberty by the Court to intimate all three platforms of any other URL containing the impugned post/video apart from the ones enlisted in the plaint, which would have to be deleted by them within 36 hours.

Case Briefs High Courts

Bombay HC quashes FIR and chargesheet against members of WhatsApp group chat accused of outraging religious feelings

“Now-a-days people have become more sensitive about their religions may be than before and everybody wants to impress as to how his religion/God is supreme. Everybody should respect the religion, caste, creed etc. of another. But at the same time, if the person says that his religion is supreme, then the other person may not immediately react. There are ways and means to react on such sensitive issues.”

Case Briefs High Courts

‘X (Twitter) neither performs public function nor discharges public duty’; Delhi HC holds petition filed against suspension of ‘X’ account ‘not maintainable’

The Court opined that the proper venue for addressing a breach, such as the one in the present matter, would be the civil courts where contractual disputes are adjudicated.

Case Briefs High Courts

Know why Bombay HC issued directions for strict compliance with Government Circular for providing basic medical facilities at educational institutions

Bombay High Court noted that educational institutions in larger cities have a substantial strength of students and staff members, spending considerable number of hours away from their homes; and medical emergencies could occur due to commuting requirements and other diverse activities within the institution premises. Therefore, a structured approach and mandate of law is required to ensure a ready availability of basic medical facilities on the premises.

High Court Round Up Legal RoundUp

HIGH COURT JULY 2024 WEEKLY ROUNDUP| Stories on Arijit Singh, M.K. Stalin, Nagarik Suraksha Sanhita, right to be forgotten, and more

Have a quick look at what the High Courts across the country adjudicated on through this week.

Case Briefs High Courts

Delhi High Court grants bail to co-accused in murder case who purchased mobile and SIM card with a fake Aadhaar

The SIM card purchased by the co-accused after the alleged murder was used to misguide the investigation of the case and the family members of the deceased girl.

Legislation Updates Notifications

Intellectual Property laws decriminalized and amended vide Jan Vishwas (Amendment of Provisions) Act, 2023 w.e.f. 01-08-2024

The amendments mentioned in the Schedule to the Jan Vishwas (Amendment of Provisions) Act, 2023 have either decriminalized, omitted, or revised the penalties for certain offences in Intellectual Property laws.

Case Briefs High Courts

‘Mere familial relation with accused under PMLA is not grounds for denying security clearance u/S. 7A (1)(d) of Citizenship Act, 1955’: Delhi High Court

Decisions along with the speaking orders passed by the Foreigners Regional Registration Office to reject the OCI applications of the Russian nationals were quashed.