Editor, Author at SCC Times

MakeMyTrip Dialmytrip restrains deceptively similar

[MakeMyTrip v. Dialmytrip] Delhi High Court temporarily restrains Dialmytrip from using ‘Dialmytrip’ mark/name in respect of any travel related services

“Balance of convenience lies in the plaintiff’s favour, considering that it is a well-known company in the travel business who has built its goodwill and reputation throughout the years, if an injunction is not granted it will lead to irreparable loss to the plaintiff.”

Case Briefs High Courts

Mechanism required to ensure action against unauthorized construction systematic, transparent and even-handed: Delhi High Court

“Several cases are filed in this Court every week in which it is alleged that Municipal Corporation of Delhi has taken no action despite several complaints having been submitted regarding a particular construction.”

Case Briefs High Courts

‘Matter is of serious nature’: Delhi HC orders five agencies to share information to find couple accused of manufacturing and selling counterfeit medical devices

“According to the plaintiff, the defendants’ activities pose a huge threat to human life owing to the defendants’ non-compliance with stringent quality check on the efficacy and safety of the products that has been maintained by the plaintiff.”

Case Briefs High Courts

No mandate under CrPC for witness to appear before Court only when summoned; Andhra Pradesh HC sets aside conviction considering contradictory evidence of witnesses

“Unless there is any blatant mistake or error on the face of the record which may lead to miscarriage of justice, the Revisional Court shall not exercise its diligence over the matter.”

Op Eds OP. ED.

Constitution Day 2023: Legal Experts reflect on the significance of India’s Founding Document

Insights from Legal Luminaries on India’s Guiding Light

Case Briefs High Courts

Delhi HC restrains DJ Light and Sound Association Chandigarh from misinforming public that no licence required to play Phonographic Performance Limited music recordings

“It is further pointed out that, without filing any response to the present plaint, Defendant 2 is continuing to mislead the public into believing that no license is required to be obtained from the plaintiff before exploiting the recordings in which it has copyright.”

Events/Webinars News

Founder’s Day: Celebrating the visionary behind India’s leading law publisher

Many of you may know about Eastern Book Company and its immense contribution to the development of legal landscape in the country. Today is the day to learn about the legacy of its founders.

Case Briefs High Courts

Depriving furlough to convict undergoing long term imprisonment counterproductive to reformative approach: Delhi HC grants furlough to man convicted of rape and murder of minor

“Only on the basis that the convict has committed a gruesome crime many years ago, it cannot be said that his temporary release on furlough would be against the interest of the society.”

Case Briefs High Courts

Offences u/s 21 of POCSO Act bailable; pre-arrest bail not maintainable: Himachal Pradesh High Court

“The classification of the offences under the Criminal Procedure Code clearly shows that if the offences are punishable with imprisonment for less than three years, the offences are bailable and non-cognizable.”

passport minor child separated from mother

Case Briefs High Courts

Rajasthan High Court directs authorities to issue passport to a minor separated from his mother

“It is not even a case where father is objecting to the issuance of the passport. On the other hand, he has chosen to abandon the child. Father of the minor has not even cared to pay any child care support money in terms of the settlement arrived as per the divorce decree.”

conviction contradictory statements eyewitness

Cases Reported Never Reported Judgments

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.