Ritu, Author at SCC Times

Separate Suit challenging auction sale by Transferee Pendente Lite not maintainable: Supreme Court

“A transferee pendente lite takes the property subject to the outcome of the proceedings, irrespective of notice or bona fides.”

Case Briefs High Courts

S. 159(5) provide no shield against infringement of well-known trademark; Bombay High Court restrains use of “FEDEX” as corporate name

“Where explanation for adoption of the mark is not honest and there are two different versions with different reasons and which reasons themselves are not proved, such explanation should be disregarded on the principle that things speaks for themselves.”

Case Briefs High Courts

Bombay High Court quashes appointment of Collector as Administrator of Shani Shingnapur Temple Trust

“The executive cannot invoke the purpose of the Shree Shanaishwar Devasthan Trust (Shingnapur) Act, 2018 to justify a procedure that the Act itself does not permit.”

Case Briefs High Courts

‘In Honour Killing cases, bail is a carefully guarded exception’; Madras HC rejects bail in Kavin Honour Killing Case

“In grave offences like honour killing, bail is a carefully guarded exception, balancing liberty with justice and societal order. Judicial vigilance and societal awareness are crucial in eradicating the heinous crime.”

Case Briefs High Courts

AAI cannot unilaterally shut Airport multiplex; Madras HC orders National Policy Review by Centre

“Any landing and taking off area for aircrafts together with runways, aircraft maintenance space, passenger facilities and including aerodrome would come with the ambit of the term ‘Airport.’”

Case Briefs High Courts

Kerala High Court slams authorities over unhygienic conditions at Chottanikkara Bhagavathi Temple; orders cleanliness audit under Suchitwa Mission

“If immediate remedial measures are not initiated on a war-footing, this Court may be constrained to issue adverse orders against both the Temple Advisory Committee and the Devaswom Officers.”

Case Briefs High Courts

No permission required to erect Natham Kanavai War Memorial Stupa on private land: Madras High Court

“Article 51A of the Constitution of India mandates that it shall be the duty of every citizen of India to cherish and follow the noble ideals which inspired our national struggle for freedom and to defend the country and render national service when called upon to do so.”

Case Briefs High Courts

Madras High Court permits film ‘Akhanda 2’ release after parties agreed to settle Film distribution dispute

In light of the settlement agreement and receipt of ₹5 Crores, the Court vacated the he interim order of injunction and permitted the release the movie ‘Akhanda 2’.

Case Briefs High Courts

Media Academy & Temperance Board employees not entitled to Pension under Karnataka Civil Services Rules: Karnataka High Court

In the absence of any Government order, “the employees of Institutions like the Temperance Board and the Media Academy cannot claim that they are entitled to pension as a matter of right.”

Case Briefs High Courts

Bombay High Court upholds Arbitral Award against TCS; Orders Rs. 96 Lakh Compensation to Inspira for Failed Edge Servers Delivery

“TCS should consider itself lucky that Inspira was successful in selling TCS’s user-specific Servers… Otherwise, TCS would have been liable to pay the entire price.”

Case Briefs High Courts

Bombay High Court refuses to quash FIR against Maharashtra Navnirman Sena worker accused of assaulting Advocate over Amazon-Marathi Language Row

“In a proceeding under Section 482 of the Criminal Procedure Code, this Court is not required to conduct a mini trial or get into nitty-gritties of the evidence.”

Case Briefs High Courts

Foreign Arbitral Awards upholding agreement based on surmises is against public policy & unenforceable: Madras High Court

The jurisdictional pre-condition for reference to arbitration is the concluded contract between the parties and their intention to refer the dispute to arbitration and in absence of the same, a foreign award would run contrary to the Public Policy of India.

Case Briefs High Courts

Eviction under Senior Citizens Act invalid when no maintenance sought: Bombay High Court

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be used for summary property disputes.

Case Briefs High Courts

Nescafe Premix is ‘Instant Coffee’, taxable at 8%, not 16%: Bombay High Court

The Court held that Nescafe Premix is classifiable under Entry C-II-3 and not under the general Entry C-II-18(2) of the Bombay Sales Tax Act, 1959.

canned Pineapple fruit cocktail not 'Fresh Fruits'

Case Briefs High Courts

Canned Pineapple Slices, tidbits and fruit cocktail not ‘Fresh Fruits’, not exempted from Tax: Bombay High Court

“In interpreting items in statutes whose primary object is to raise revenue and for which purpose they classify diverse products, articles and substances, resort should be had not to the scientific and technical meaning of the terms or expressions used, but to their popular meaning.”

CCI power to probe anti-competitive practices

Case Briefs High Courts

‘CCI has power to address menace of anti-competitive practices’; Kerala HC dismisses JioStar’s appeal against CCI probe

CCI has jurisdiction to investigate allegations of abuse of dominant position in the broadcasting market, irrespective of TRAI’s regulatory framework.

No fundamental right to use loudspeakers

Case Briefs High Courts

‘Use of loudspeaker for religious practice ≠ Fundamental Right’; Bombay HC takes suo moto cognizance of recurring noise pollution in Nagpur

“No religion prescribes that prayers should be performed by disturbing the peace of others nor does it preach that they should be through voice amplifiers or beating of drums.”

Case Briefs High Courts

Bombay High Court grants bail to Bhima Koregaon accused Hany Babu after prolonged incarceration of 5 years

“Prolonged incarceration without trial amounts to infringement of right of an accused enshrined under Article 21 of the Constitution of India.”

Case Briefs High Courts

Madras High Court reaffirms Thengalai sect’s exclusive ritual rights at Sri Devaraja Swamy Temple in Kancheepuram

“Only the Southern Cult residents of Kancheepuram are entitled to Adhiapaka Mirasi. Northern Cult members may join only as ordinary worshippers.”

Case Briefs High Courts

Kerala High Court’s comprehensive directions for crowd management at Sabarimala during Mandala-Makaravilakku festival

The directions are to be complied in letter, spirit, and execution, as they are indispensable to regulating the inbound flow of pilgrims and paramount for safeguarding the life, health and safety of every devotee visiting Sannidhanam and the Sanctity of the Holy Temple.