Ritu, Author at SCC Times

‘Sharbat Rooh Afza’ classifiable as fruit drink under Entry 103 of UPVAT Act taxable at 4%: Supreme Court

“The nomenclature “sharbat” does not strip the product of its essential character as a fruit-based beverage concentrate, particularly where its composition and intended use align with that understanding.”

Case Briefs Supreme Court

Pre-existing dispute irrelevant once debt and default proved: Supreme Court restores Section 7 IBC proceedings

Unapproved restructuring of loan facility not in compliance with the Debenture Trust Deed cannot defeat the admission of Section 7 IBC application once financial debt and default are established.

Case Briefs High Courts

Delhi High Court: No Interest Payable on Delayed Salary when delay attributable to employee’s own conduct

“Petitioner did not sign the pre-receipts, mandatory for drawing salary, and also did not submit his bank details. The petitioner’s own conduct and non-cooperative attitude contributed to the delay in release of payments.”

right to live with dignity in hygienic environment

Case Briefs High Courts

Right to live with dignity includes hygienic environment: Delhi HC orders demolition of open garbage bin and urinal near residential property

“One of the integral aspects of a healthy life is hygienic environment. Absence of a healthy environment would frustrate the right of the petitioner to live with dignity.”

Case Briefs High Courts

Mark “Chacha” distinctive for garments; Delhi High Court grants interim injunction in trade mark suit

“CHACHA, though otherwise a word of common usage, has clearly no connection with sarees or garments. There is no basis, therefore, for a Court to hold that, when used in connection with the sarees or garments, the word CHACHA is not distinctive.”

Case Briefs High Courts

A homemaker doesn’t ‘sit idle’; Law must acknowledge economic value of her unpaid contribution: Delhi HC grants interim maintenance to wife

“The capacity to earn and actual earning are distinct concepts, and as per settled law, mere capacity to earn cannot be a ground to deny maintenance. The real test is whether the wife is actually earning.”

Case Briefs High Courts

EdTech platform has right to use publicly available university ranking information, provided it is not disparagingly presented: Delhi HC

“The respondent has neither challenged the rankings made by the ranking agencies, nor has it exercised its right to be forgotten by making a request to Google to efface its existence from the Google search results.”

Case Briefs Supreme Court

Telecom Operator liable to pay reserve price for continued operation from date of 2G spectrum judgment: Supreme Court

“Having slept over the matter for that length of time, the DoT cannot take advantage of its own lassitude and seek to mulct upon the respondent interest liability for that period.”

Case Briefs High Courts

Link Addl. Sessions Judge competent to extend investigation period beyond 90 days under MCOCA; Delhi HC upholds rejection of default bail

The Court held that extension of the investigation period under the Maharashtra Control of Organised Crime Act, 1999, by a Link Judge, during the absence of the designated Special Judge, does not render custody illegal or entitle the accused to default bail.

proportionality in disciplinary punishment

Case Briefs High Courts

Removal from service for tweeting/re-tweeting corruption allegations against employer, disproportionate: Delhi HC set asides penalty

Public dissemination of allegations by a PSU employee through social media may attract disciplinary consequences. However, where misconduct does not demonstrate corruption or moral turpitude, severance from service violates the doctrine of proportionality.

territorial jurisdiction in trademark cases

Case Briefs High Courts

Trademark registration, Marketing agreement execution & e-commerce availability confers Territorial Jurisdiction in infringement suit: Delhi HC

“Once the infringing goods were available for sale, the tort of infringement, which predicates use of the infringed mark, or a mark which is deceptively similar thereto, for trade, stood committed.”

Case Briefs High Courts

Subsequent refusal to marry due to Kundali mismatch despite prior assurances, raises doubts; Delhi HC denies bail in false promise of marriage case

“The contention that the marriage could not take place due to non-matching of kundalis appears inconsistent with his own conduct and representations made over the years. If the issue of kundali matching was indeed of such determinative importance for the applicant and his family, the same should have been resolved at the threshold before entering into physical relations.”

Case Briefs Supreme Court

Know why Supreme Court deprecated the practise of compensation enhancement & sentence reduction in grave offences

Culling out the basic factors for imposition of sentence, the Court stated that, “The supreme objective of law is the protection of society and creating a deterrence against crime by imposing adequate punishment.”

Succession Certificate for Pension Arrears

Case Briefs High Courts

Succession certificate not mandatory for release of posthumous pension arrears where legal heirship is undisputed: Delhi HC

“In the absence of any rival or competing claims, and where the identity and entitlement of the legal heirs are clearly verified, the competent authority may release retiral benefits, pensionary dues, compensation.”

Case Briefs High Courts

Medical bail cannot be curtailed without misuse of liberty; only actual custody counts for remand under S. 187 BNSS: Delhi High Court

The Court held that only the period of actual custody undergone by an accused can be considered while computing the permissible period for police custody or statutory bail, and the duration during which an accused remains on interim bail cannot be counted as detention.

Case Briefs High Courts

Free consent can’t be retrospectively withdrawn to criminalise a failed consensual relationship: Delhi High Court

“Criminal law is meant to protect genuine victims of crime, not to rewrite the history of a relationship that was voluntarily entered into, publicly acknowledged, and sustained over several years.”

Condonation of delay in government litigation

Case Briefs Supreme Court

Bureaucratic Delay no Ground for Condonation; Supreme Court dismisses SLP as time-barred for State being ‘utterly lethargic, tardy and indolent’

“Despite all the latitude that is shown to a “State”, we are of the clear opinion that 10 the cause sought to be shown here by the State of Odisha is not an explanation but a lame excuse. No case for exercise of discretion has been set up.”

Case Briefs Supreme Court

Nepotism in Government Welfare Societies: Supreme Court quashes arbitrary allotment of Super Deluxe Flats and imposes costs

“Nepotism and self-aggrandizement are anathema to a democratic system, more so when it happens within a society comprising members of the government service, enabling housing facilities to its members by transparent allotment.”