Editor, Author at SCC Times

2023 SCC Vol. 1 Part 2

Central Goods and Services Tax Act, 2017 — S. 174(2)(c) — Scope of: First part protects any right, privilege, obligation, etc. under

Case Briefs High Courts

“Schezwan Chutney” is a mere descriptive term; Delhi High Court rejects plea of Capital Food (P) Ltd. of restraining Radiant Indus Chem (P) Ltd. from using the word “Schezwan Chutney”

The Delhi High Court held that “SCHEZWAN CHUTENY” was a mere descriptive term and therefore, Radiant Indus Chem (P) Ltd. could not be stopped from using the same and the Court further held that if protection was granted to the mark “SCHEZWAN CHUTNEY”, then similar protection should also be granted to ‘Tamarind Chutney' or ‘Tomato Chutney', as they were also combinations of words in “English and Hindi”.

Case Briefs Supreme Court

Specific Performance| Supreme Court’s split verdict over a party’s readiness and willingness to perform his part of the contract

While Justice Shah stated that the Kerala High Court has erred in interfering with the judgment of Trial Court of passing a decree for specific performance; Justice Nagarathna affirmed the Judgment of the High Court.

Case Briefs International Courts

ECJ mandates employers to reimburse cost of spectacles and lenses for work involving display screen equipment

European Court of Justice: In a landmark ruling the Bench comprising A. Prechal (President), M.L. Arastey Sahún (Rapporteur), F. Biltgen, N. Wahl

Case Briefs High Courts

Confessional statements should lead to discovery of ‘fact’; Delhi High Court grants bail to the accused under the NDPS Act

None of the statements of the applicant led to any discovery of a ‘fact' in terms of Section 27 of the IEA.

Case Briefs High Courts

“Woman is not a pendulum and cannot be forced to swing between motherhood and employment”,Madras High Court upholds maternity benefits, as welfare legislation and benefits cannot be deprived on mere interpretation and technicalities

It is to be remembered that birth of a baby is rebirth of a mother and if a woman is not properly taken care during the period of pregnancy and after delivery, it will certainly affect two lives, namely, mother and new borns

Case Briefs Supreme Court

Nursing Assistants not entitled to the Nursing Allowance on a par with the Staff Nurse: Supreme Court

They neither had relevant experience nor possessed educational qualification for appointment as Staff Nurse. Therefore, the Supreme Court held that the High Court erred in directing that the Nursing Assistants serving in Assam Rifles were entitled to Nursing Allowance on a par with the Staff Nurse.

Law School News Moot Court Announcements

CHRIST University | 3rd Edition of the National Moot Court Competition

About CHRIST (Deemed to be University), Delhi NCR CHRIST (Deemed to be University), a premier educational institution, is an academic fraternity of

Case Briefs High Courts

Approval of a Resolution Plan does not ipso facto discharge a Personal Guarantor of a Corporate Debtor of his liabilities under Contract of Guarantee; Allahabad High Court reiterates

Allahabad High Court said that challenge to demand notice for electricity dues, issued jointly in name of Directors of the insolvent company cannot be sustained on the ground that liabilities of guarantor stood automatically discharged on acceptance of Resolution Plan.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Cancelled Flat Bookings amount to non-performance of service; CESTAT directs Authorities to refund service tax to Builder

CESTAT states that cancelled flat bookings amount to non-performance of service,Held that Service tax is not applicable if no service is rendered.

Case Briefs District Court

[Chanda Kochhar Case] CBI Court allows addition of the charge of breach of trust in the FIR

The Special Judge of CBI Court reiterated that it is not necessary for the IO to seek prior permission of the Court for adding or deleting Sections , on the basis of material collected by him, and can intimate about it to the Court.

Case Briefs High Courts

“SUBWAY” and “SUBERB” not phonetically and deceptively similar; Delhi High Court dismisses Subway’s plea for injunction for its mark “SUBWAY” against Infinity Food’s mark “SUBERB”

The Delhi High Court dismissed Subway's plea for injunction for its mark “SUBWAY” against Infinity Food's mark “SUBERB” in a trade mark infringement case and held that the appearance of Infinity Food's red and white “SUBERB” mark could not be said to be deceptively similar to Subway's device mark, “SUBWAY”.

Legislation Updates Rules & Regulations

IFSCA notifies IFSCA (Appointed Actuary) Regulations, 2022

On 12-1-2023, the International Financial Services Centres Authority notified International Financial Services Centres Authority (Appointed Actuary) Regulations, 2022. The regulations lay down

Case Briefs High Courts

Madras High Court issues directions for conducting the traditional game of cock fight during the Pongal festival

Madras High Court granted police protection for conducting Cock fight to mark the birthday celebrations of the late Chief Minister Dr.M.G.Ramachandran, subject to certain conditions.

Legislation Updates Rules & Regulations

SEBI (Registrars to an Issue and Share Transfer Agents) (Amendment) Regulation, 2023

On 9-1-2023, the Securities and Exchange Board of India (‘SEBI') issued SEBI (Registrars to an Issue and Share of Transfer Agents) (Amendment)

Case Briefs Supreme Court

Whether non-production of Power of Attorney to prove a sale deed would be fatal to the case of the plaintiff?; Supreme Court’s split verdict

While Justice Shah stated that the plaintiff had not produced the Power of Attorney, Justice Nagarathna opined that non-production of Power of Attorney was not fatal to the case of the original plaintiff.

Case Briefs High Courts

Madras High Court grants 3.5 lakh Compensation to Prisoner who spent 9 months in Jail after Acquittal Orders

Madras High Court said that when the court issues a specific direction, it’s the prison official's duty to verify it and clarify if they have doubts. Thus, held that the detention was illegal.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Bureau of Energy Efficiency takes suo motu verification test on a sample refrigerator of Whirlpool India and found quality non-compliance; Appellate Tribunal for Electricity sets aside the order

The Tribunal stated that since the first test report was deficient, it did not stand legal scrutiny and was directed to treat the second test report as the first test report in continuation of their investigation.

Case Briefs High Courts

Loss of character or bruised reputation cannot be restored even by judicial reprieve; Bombay High Court quashes FIR filed under S. 498 A IPC

Unfounded criminal charges and long drawn criminal prosecution can have serious consequences. A person subjected to such litigation suffers immense mental trauma, humiliation and monetary loss.

Case Briefs High Courts

Offence of Rape can be permitted to be compounded to promote family life of complainant and accused; Andhra Pradesh High Court quashes complaint for being made in fit of anger

Woman files petition for compromising an offence under section 376 of IPC, stating that she made the complaint in anger instead of actually being aggrieved.