Editor, Author at SCC Times

‘Contradictory Dying Declarations containing consistent statements about abuse and cruelty can be considered’;Telangana High Court upholds conviction of husband

The Telangana High Court upheld the conviction of a husband under Section 498A of Penal Code, 1860 (IPC) despite there being contradictions in the dying declarations as there were consistent statements about abuse and cruelty committed on the wife in all the dying declarations.

Case Briefs High Courts

Family Courts are reluctant to release maintenance amount and unwantedly insist for release orders; Kerala High Court directs Family Courts to release the arrears of maintenance

Kerala High Court: In a case filed seeking the release of maintenance amount as in the instant set of facts

Case Briefs High Courts

Delhi High Court sets aside conviction 19 years after the verdict over lost Trial Court’s records

The conviction and sentence awarded to a man in 2003 for culpable homicide not amounting to murder has been set aside by the Delhi High Court more than 19 years after the appeal was filed, due to the persistent inability to locate or reconstruct the trial court record.

Case Briefs High Courts

Bombay High Court issues directions to State highlighting the non-implementation of the Mental Healthcare Act, 2017 in the State of Maharashtra

Bombay High Court: In a PIL filed highlighting serious issues of the non-implementation of the Mental Healthcare Act, 2017, in

Case Briefs Foreign Courts

Canada SC | An accounting of profits requires that the infringer disgorge all profits causally attributable to infringement of the invention after the grant of patent

The Supreme Court of Canada was deciding a dispute between Nova Chemicals and Dow Chemicals, where the issue revolved around accounting of profits as a remedy for patent infringement.

Case Briefs High Courts

Jharkhand High Court directs Jharkhand Public Service Commission and State to complete the process of appointment of Assistant Public Prosecutor within a period of two months

Jharkhand Public Service Commission and State were directed to complete the process of appointment of Assistant Public Prosecutor pursuant to Advertisement No. 03/18 within a period of two months.

Case Briefs High Courts

Delhi High Court grants Rs. 2 Crore damages to Adobe in a trade mark infringement suit against a cyber squatter

The Delhi High Court, in a suit for trade mark infringement by a habitual cyber squatter, Namase Patel over Adobe’s marks ‘ADOBE’, ‘PHOTOSHOP’ and ‘SPARK’, granted Rs. 2 Crore as damages to Adobe.

Case Briefs High Courts

Madras High Court imposes restrictions on the usage of cell phones by the priest, devotees, and public inside Arulmigu Subramaniya Swamy Temple, Tiruchendur

Madras High Court: In a petition filed under Article 226 praying to issue a writ of mandamus directing the respondents

Case Briefs High Courts

Writ petition under Article 226 of the Constitution cannot be filed for seeking alteration in contract: Delhi High Court

The Delhi High Court held that a borrower cannot ask for alteration of contract by way of a writ petition and a contract can only be altered through mutual consent between the parties.

Case Briefs Supreme Court

Supreme Court grants anticipatory bail to man accused of rape after 10 years of courtship; sets aside Rajasthan High Court’s order

The Supreme Court, while allowing the special leave petition filed by the petitioner, set aside the order passed by the Rajasthan High Court which had dismissed the anticipatory bail application without considering the facts and circumstances of the case.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Insolvency and Bankruptcy Code does not contemplate lookback period; Information and relevant documents not to be withhold from Liquidator to investigate transactions done even beyond two years from Insolvency Commencement Date

National Company Law Appellate Tribunal | While dealing with an appeal challenging the impugned order passed by NCLT, Anant Bijay

Case Briefs High Courts

Can caste-based reservation be given to an individual if one converts to another religion; Madras High Court explains considering instant facts

Madras High Court: In a case filed by the petitioner- candidate seeking the reason for his non-selection as well as

Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

16 interesting stories from Tribunals and Commissions [November, 2022]

Mehul Choksi banned from SEBI for 10 years; SC acted in violation of the provisions of Constitution: CIC; No prohibition on advocate to represent different company in separate proceedings filed under Section 7 IBC; Interim directions to Gurugram Municipal Corporation vis-a-vis banned foreign dog breeds and increased cases of pet and stray dog menace; and more

Case Briefs High Courts

[Ban on Popular Front of India (PFI)] Karnataka HC refuses to interfere with the Govt. decision to give immediate effect to the ban

The Govt. of India had imposed a ban of PFI declaring it an unlawful organisation under the UAPA. The Notification banning the organisation was given ‘immediate effect’, which was then challenged before the High Court

Case Briefs High Courts

Delhi High Court restrains a Ludhiana based company from further manufacture of bicycles under the mark ‘RALLIES’; allows to sell the existing stock

Swiss Bike Vertriebs GMBH, a subsidiary of ACCELL Group filed a suit against Imperial Cycle Manufacturing Company for seeking permanent injunction restraining them from committing acts of trademark infringement and passing off with respect to the Swiss Bike’s mark ‘RALEIGH’ which was used for bicycles/cycles/bikes.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Claims of various stakeholders to be considered by Resolution Professional in accordance with law; NCLT, Chandigarh emphasizes

That various stakeholders are to be considered by the Resolution Professional under the relevant provisions of IBC andin accordance with law, and the same should be placed before the CoC for approval. Thus, the resolution plan was sent back for approval by the Committee of Creditors.

Case Briefs High Courts

Delhi High Court directs Pocket FM to take down audio book titled “Mossad: The Greatest Mission of the Israeli Secret Service” in a copyright infringement suit

Mebigo Labs Private Limited filed a suit seeking permanent injunction restraining Pocket FM Private Limited from committing acts of copyright infringement and unfair competition regarding the Hindi translation of the audio book titled “Mossad: The Greatest Mission of the Israeli Secret Service”.

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Victim should not remain without remedy”; NGT orders factory not to resume work unless compensation paid as per law

National Green Tribunal | A bench comprising of Adarsh Kumar Goel (Chairperson), Sudhir Agarwal (Judicial Member), JJ., and A. Senthil

Case Briefs High Courts

Delhi High Court directs Union Government and Kendriya Vidyalaya Sangathan to sanction 987 posts for special educators in Kendriya Vidyalaya across country

The Union Government and Kendriya Vidyalaya Sangathan (KVS) were directed by the Delhi High Court to sanction the positions of 987 special educators to meet the demands of the 5,625 special students enrolled in different Kendriya Vidyalayas.

Case Briefs High Courts

Bombay High Court grants bail to a woman accused of throwing her newborn child from the top of the building

Bombay High Court: In an application filed seeking bail against FIR registered for the offense punishable under sections 317, 302,