Editor, Author at SCC Times

[Good day v. Good time] Delhi High Court grants interim injunction in favour of Britannia Industries, restrains sale of Good Time cookies

“If an ad interim injunction is not granted in the present case it will cause irreparable loss to the plaintiff, as the defendants’ packaging is deceptively similar to that of the plaintiff’s, which causes confusion to the customers.”

Case Briefs High Courts

Recording phone conversations without consent violates right to privacy under Article 21 of the Constitution: Chhattisgarh High Court

“The Family Court has committed an error of law in allowing the application under Section 311 of Criminal Procedure Code, 1973 along with the certificate issued under Section 65 of the Indian Evidence Act, 1872.”

Case Briefs High Courts

Maintenance proceedings under Hindu Adoptions and Maintenance Act, 1956 are not suits, ad valorem court fee not liable to be paid: Delhi High Court

“The Family Courts Act, 1984 was enacted pursuant to the 59th Report of the Law Commission wherein it was stressed that in dealing with the disputes concerning the family, the family court should adopt an approach radically different from that adopted in ordinary civil proceedings.”

Case Briefs High Courts

Kurkure and Cheetos classifiable as ‘namkeen’ and not ‘snacks’ under Rajasthan Value Added Tax, 2003: Rajasthan High Court

“The Tax Board ignored the ordinary definition of namkeen, specification of namkeen as set out by the Bureau of Indian Standard and the FSSAI licenses granted to the petitioner, which categorizes the product in question as namkeen.”

Case Briefs High Courts

False and frivolous allegations against spouse without any evidence amounts to cruelty: Delhi High Court upholds divorce

“In the Indian context where the husband has chosen to be in a joint family with his parents, he cannot be forced to separate from the first day of his marriage merely on the whims of his wife.”

Case Briefs High Courts

Section 9 of A&C Act not confined by technicalities of CPC; but Court cannot ignore fundamental principles governing attachment before judgment: Delhi HC

“The issuance of a direction to release such royalty sum would involve not only a conclusive and final adjudication on the petitioner’s right to receive such sum but also framing of an interim award and that cannot be said to fall within the ambit of Section 9 of the A&C Act.”

Case Briefs High Courts

Court cannot presume disobedience; strict and irrefutable proof of disobedience required for punitive action under Order 39 Rule 2A of CPC: Delhi High Court

“In its zeal to ensure implementation of rule of law, the court cannot hold a person guilty of violation of its orders and proceed punitively against him merely because the circumstances give rise to a strong suspicion of the court’s order been disobeyed.”

Case Briefs High Courts

Revealing CBI’s enquiry report will impede the investigation process, thus exempted from disclosure under RTI Act, 2005: Delhi High Court

“This Court is of the opinion that the information that is being sought by the petitioner would impede the investigation conducted by the CBI involving a large-scale fraud, including many accused.”

Case Briefs High Courts

‘Murder of wife and 3 daughters including an infant is barbaric’; Orissa HC upholds life imprisonment

“Murder was committed in the convict’s house, and he attempted to burn the entire house along with the dead bodies in the dead of night which pointed fingers towards the convict alone and the same was strengthened by his post occurrence conduct”.

Case Briefs High Courts

‘Nature of employment will not decide maternity benefits’: Delhi HC grants maternity benefits to contractual employee whose contract ended during pregnancy

“Mere creation of the welfare legislation is not enough. A duty is cast upon the State and the subjects of the Act, to uphold the integrity, objective and the provisions of the legislation in its true letter and spirit.”

Case Briefs Supreme Court

Why should grounds of arrest be furnished in writing by ED? SC explains constitutional and statutory mandate

“The very purpose of the constitutional and statutory protection would be rendered nugatory if the authorities concerned are permitted to merely read out or permit reading of the grounds of arrest, irrespective of their length and detail, and claim due compliance with the constitutional requirement under Article 22(1) and the statutory mandate under Section 19(1) of the PMLA”.

Case Briefs Supreme Court

‘Conclusion of Trial to take reasonable time’; SC grants bail to murder accused in custody for more than 4.5 years

The Court did not express anything on the merits of the case and released the accused considering the period in custody and reasonable time for conclusion of Trial.

restriction landlords right public interest unreasonable

Cases Reported Never Reported Judgments

Never Reported Judgment| Restrictions imposed on landlord’s rights in public interest are not unreasonable [(1952) 1 SCC 764]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on West Bengal Rent Control (Temporary Provisions) Act, 1950.

Case Briefs District Court

[Absolute Barbecque Restaurant case] Delhi Court directs registration of FIR for cheating and criminal conspiracy against owners of a property in Connaught place

The landlord concealed the fact that NDMC’s approval for dismantling work in the premise was not taken, leading to sealing of the premise, where Absolute Barbecque was about to run.

Case Briefs High Courts

Delhi High Court refuses to exercise jurisdiction by invoking the doctrine of forum conveniens

“The issuance of the letter dated 10-05-2016 from Delhi can, at best, be said to constitute a ‘slender part of the cause of action’ and cannot be determinative of the question as to whether this Court ought to entertain the petition.”

Case Briefs High Courts

Himachal Pradesh HC directs DGP to comply with POCSO Act for protecting identity of victim

“This Court must record its concerned about the manner, in which, the mandatory provisions of Section 33(7) of the Protection of Children from Sexual Offences Act, 2012 are being violated, with impunity.”

Case Briefs High Courts

Significance of socio-cultural activities cannot be ignored: Delhi High Court permits Dussehra celebration at district park

“What in fact, is a matter of concern is not a ban of these activities but to work out the mechanism to ensure that the programs are held in a regulated manner without causing any harm or damage to the environment.”

Case Briefs Supreme Court

Trial not likely to be concluded soon; SC grants bail to NDPS accused after 6 years in Jail

The accused had spent nearly 6 years and 2 months in jail, which is more than half the period of punishment for the offences he was charged with.

Book Review

Book Review| Bindal’s latest book offers insight into the contours of obscenity in law and practice, writes Vishavjeet Chaudhary

Latest addition to the landscape of jurisprudence around obscenity laws in India is Saurabh Bindal’s convincing read titled Obscenity: Prevention, Law and

Case Briefs District Court

Delhi Court discharges Baidyanath Ayurved, its Director and public officials from coal block allocation case

The Ministry of Coal’s policy was concerned with end use and the end use for the Baidyanath Ayurved being ‘power’ was in conformity with the MoC’s policy.