Editor, Author at SCC Times

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.”

Case Briefs High Courts

Wife’s resistance to stay apart from husband does not constitute cruelty; Chhattisgarh High Court sets aside divorce decree

“It is well settled that in the matrimonial house, the wife should not be treated as hired chattel or a bonded labour to stay under the conditions imposed by the husband.”

Case Briefs High Courts

Extremely difficult for examination agencies to identify exact number of students engaged in malpractices; Delhi HC dismisses plea challenging cancellation of exam

“The very integrity of the entire selection process was compromised and DSEU could not determine its extent and hence, had to resort to cancelling the entire examination process, to protect the sanctity of the recruitment process.”

Case Briefs High Courts

Delhi High Court grants interim injunction to Phonographic Performance Limited in a copyright infringement dispute

“Forbearance from granting such relief would enable the defendants to continue exploiting the plaintiff’s copyright, which would result in irreparable prejudice to the plaintiff.”

Case Briefs High Courts

Delhi High Court quashes FIR registered u/s 12 of POCSO Act against man suffering from Psychosis with Borderline Intellectual Ability

“The medical board has opined that the petitioner required regular medical care and supervision and the support of the family members for his compliance to the medical treatment.”

Case Briefs High Courts

Demands made to recover loan amount cannot be treated as abetment to suicide: Chhattisgarh High Court

“If there was any unlawful activity performed by the petitioner to recover the loan amount, either the deceased or her husband could have taken shelter of any competent Court of law or made a complaint before the police authorities, which is missing in this case.”

Case Briefs High Courts

[Pradhan Mantri Garib Kalyan Package Scheme] Raj HC directs Government to release claim amount to wife whose husband died during Covid-19 duty

“The shield of accidental insurance in the shape of the accident on duty were meant to reassure a health worker that the government stood by him and his family members in the time of the dire crisis.”

preventive detention grounds of detention ambiguous

Cases Reported Never Reported Judgments

Never Reported Judgment| When in a 4:1 verdict, SC refused to release man detained under Preventive Detention Act; Justice M.C. Mahajan dissented [(1952) 1 SCC 769]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on the Preventive Detention Act, 1950.

Case Briefs High Courts

Delhi High Court grants permanent injunction in favour of Himalaya Wellness Company for its ‘LIV.52’ mark

“One cannot forget that these are ayurvedic preparations and not allopathic medicines or scheduled drugs for which, doctors’ prescriptions are required. These are over the counter preparations, which are often brought by patients without prescription.”

Case Briefs High Courts

Consent of parties does not confer validity to marriage violating condition specified u/s 5(i) of Hindu Marriage Act, 1955: Delhi High Court

“The very fact that the wife had not only claimed but also accepted pendente lite maintenance during the appeal from the first husband fortifies that the marriage was not finally dissolved.”

Case Briefs High Courts

Delhi High Court grants eight-days interim bail to POCSO accused for participating in his brother’s last rites

“The applicant is granted interim bail for a period of eight days from the date of his release, subject to his furnishing personal bond in the sum of Rs.50,000 with one surety of the like amount, to the satisfaction of the Trial Court.”

Case Briefs High Courts

‘Punishment order passed in quasi-judicial proceedings must contain reasons’: Rajasthan HC sets aside non-speaking punishment orders

“It is true that discipline is the hallmark of disciplinary forces like police and each and every member of the disciplinary forces are not supposed to violate the discipline by consuming liquor in public space or should arrive in public place in a drunken position.”

Case Briefs High Courts

Delhi High Court grants permanent injunction to Modicare Limited for its ‘WELL’ mark

“In the case of pharmaceutical, cosmetics, health and related wellness products a higher standard would be required to be laid down in view of the damage that such products can cause to the consumers.”

Case Briefs High Courts

Wife not entitled to interim maintenance u/s 24 of Hindu Marriage Act, 1955 when both spouses qualified and earning equally: Delhi High Court

“The object of Section 24 of the Hindu Marriage Act, 1955 is to ensure that during the matrimonial proceedings either party should not be handicapped and suffer any financial disability to litigate only because of paucity of source of income.”

Case Briefs High Courts

‘Right to fair investigation and trial is fundamental right of victim as well’: Rajasthan High Court quashes order transferring the investigation without reason

“First progress report of the investigation has been called for in seven years. Moreover, the administrative instruction has not been followed inasmuch as more than thrice transfer of investigation of the case was not permissible.”

Case Briefs High Courts

Delhi High Court refuses to stay the registration for the mark ‘SCHEZWAN CHUTNEY’

“This Court is not inclined to stay the impugned trade mark registration for the mark ‘SCHEZWAN CHUTNEY’. Moreover, the issue of jurisdiction of this Court would have to be considered first.”