Editor, Author at SCC Times

conviction contradictory statements eyewitness

Never Reported Judgment| Conviction cannot be based on ‘shifty and treacherous’ statements of eyewitnesses [(1952) 2 SCC 186]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on credibility of the witness.

Know thy Judge

Know Thy Newly Appointed Supreme Court Judge – Justice Sandeep Mehta

Dr. Justice D.Y Chandrachud, CJI, administered oath to Justice Sandeep Mehta on 9-11-2023.

Case Briefs High Courts

Mother cannot be discriminated, as far as maternity leave is concerned; Rajasthan HC grants maternity leave to surrogate mother

“No civilization could have passed without recognizing the power of mother and often figuratively projected her as Goddess. A child born to a family sees the world first through the eyes of his or her mother and develops his or her skills through the vision of the family.”

Case Briefs High Courts

Conviction for committing sexual offences no ground for denying benefit of furlough to an otherwise eligible prisoner: Delhi High Court

“Ironically, the concerned SHO in his report on one hand mentions that the petitioner’s behaviour is satisfactory, but in the same breadth, also mentions that he can have adverse impact on law, order and security in the area, without assigning any reasons.”

Case Briefs High Courts

[Illegal Coal Levy Scam] ‘Actively participated in extortion racket, managed illegal cash’: Chhattisgarh HC denies anticipatory bail to alleged mastermind’s brother

“It is revealed during the investigation by Enforcement Directorate that the applicant is the brother and a close associate of the mastermind behind the present illegal coal levy scam and, is having strong links with politicians and businessmen in Chhattisgarh.”

Case Briefs High Courts

Simple act of touch cannot be considered manipulation for penetrative sexual assault under POCSO Act: Delhi High Court

“Conviction can be made only on the basis of the testimony of the prosecutrix without any independent corroboration. However, in such case, the testimony of the prosecutrix has to be of a sterling quality.”

Case Briefs High Courts

Making unsubstantiated allegations and waging legal war against husband and his family member amounts to extreme cruelty: Delhi High Court sets aside divorce decree

“Additionally, the attempted mediation settlement was also violated by the wife, who only wanted to enjoy the monetary benefits arising out of the settlement but never wanted to fulfil her end of the bargain”

rectification petition specific challenge trade mark

Case Briefs High Courts

[Oreo v. Fabio] Specific challenge to validity of mark to be made u/s 124 of Trade Marks Act, 1999 to ascertain prima facie tenability of challenge: Delhi High Court

“A party can only seek permission from a Court to reserve its rights to urge a challenge at a later point of time. For that, such rights must be in existence in praesenti, when the plea is made, or should be foreseeable as arising in the future.”

Case Briefs High Courts

Terms contained in approved Resolution Plan also binding on stakeholders who can file claims, but did not do so: Delhi High Court

“The respondent, having failed to lodge its claim, cannot enforce the impugned orders and notices, given the binding nature of the approved Resolution Plan.”

vendor defective title specific performance

Cases Reported Never Reported Judgments

Never Reported Judgement| Vendor cannot urge his defective title as an answer in specific performance suit by purchaser [(1952) 2 SCC 124]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on specific performance in imperfect title.

Case Briefs High Courts

State is not expected to deprive lawful benefits of employees; Himachal Pradesh HC grants service benefits to employees from initial date of appointment on contract basis

“It appears, in order to avoid its liability to pay salary attached to the post and to deprive the employees from lawful service benefits available to them, exploitative policy of contract appointment for initial five years is being adopted and practiced.”

Dream11 Dreamz11 permanent injunction trade mark

Case Briefs High Courts

[Dream11 v. Dreamz11] Delhi High Court grants permanent injunction in favour of Dream11 in trade mark dispute

“The confusion is exacerbated by the look and feel of the defendants’ website which has, obviously, deliberately and intentionally, been made to copy the plaintiffs’ website.”

Case Briefs High Courts

Conviction can be based only on cogent, reliable and credible evidence of official witnesses: Himachal Pradesh High Court

“Presumption is that every witness is impartial and independent, unless proved contrary. There is no presumption for doubting the credibility of official witnesses, in principle.

Case Briefs High Courts

Information Technology and Administrative Services provided by Singapore Entity to its Indian affiliate cannot be construed as Fees for Technical Services: Delhi HC

“The agreement between the respondent and its Indian affiliate had been effective from 01-01-2010, and if, technical knowledge, experience, skill, and other processes had been made available to the Indian affiliate, the agreement would not have run its course for such a long period.”

Case Briefs High Courts

Andhra Pradesh High Court grants four weeks interim bail on medical ground to N. Chandrababu Naidu in Skill Development Case

“It is this Court’s steadfast belief that a patient in need of medical attention should be granted immediate, effective, and comprehensive treatment. Additionally, the choice of the medical facility for treatment should remain with the patient.”

Case Briefs High Courts

Approval of Resolution Plan under IBC extinguishes all claims, dispute cannot be urged again before Arbitral Tribunal: Delhi High Court

“The IBC and the resolution process does not contemplate matters being left inchoate. In fact, it exhorts one to accept the seal of finality and quietude which stands attached to the approval of a Resolution Plan.”

Case Briefs High Courts

Delhi High Court restrains Franchisebyte from advertising, publishing video reflecting WOW! MOMO mark

“In a case such as this, if injunction is not granted ex parte, it would result in the defendant continuing to defraud the public at the expense of the plaintiff.”

Case Briefs High Courts

Wife expressing doubt towards her husband for frequently coming late at night does not constitute cruelty: Chhattisgarh High Court sets aside divorce decree

“It cannot be stated that the allegations attributed to the husband were completely wrong, but the facts would reveal that the allegations were made on account of the abnormal unexplained behaviour of the husband.”

Case Briefs High Courts

Delhi High Court grants interim injunction to SmithKline Beecham Limited for its ‘GSK’ mark

“Considering that the plaintiff operates in the pharmaceutical and medicinal sector and is also registered for the ‘GSK’ mark, the use of an identical mark, especially in an identical colour combination, is clearly dishonest and mala fide.”

Case Briefs High Courts

‘Right to marry a person of their own choice is indelible and protected under Constitution’: Delhi HC directs State to provide protection to couple who married against parents’ wishes

“There is no doubt about the factum of marriage between the petitioners and the fact that they are major. No one, not even the family members can object to such relation or to the matrimonial ties between the petitioners.”