Apoorva, Author at SCC Times

No mention of mode of service of notice to husband in proceeding under S.125 CrPC; Allahabad HC set aside ex-parte maintenance order

To afford an opportunity to the husband to present his case before the court below and to ensure the just decision of maintenance case filed under Section 125 CrPC, Allahabad High Court set aside the ex-parte maintenance order

Case Briefs High Courts

Mental Healthcare Act and Disabilities Act provide for appointment of guardian for people with disabilities, but nothing about person in comatose state: Allahabad HC

Allahabad High Court said that any relative or friend of the person lying in comatose state points out that guardian is not acting in the best interest of the person lying in comatose state, such person will also have the locus to approach this Court for issuance of proper direction and for removal of the guardian.

Hot Off The Press News

[Gyanvapi Kashi Vishwanath case] Civil suits filed by Hindu worshippers seeking restoration of temple at mosque premises not barred by Places of Worship Act: Allahabad HC

Allahabad High Court: In pleas filed by Anjuman Intezamia Masajid Committee challenging suits concerning Kashi Vishwanath-Gyanvapi Mosque dispute, Rohit Ranjan Agrawal, J.

Case Briefs Supreme Court

Supreme Court stays defamation proceedings against IPS D Roopa filed by IAS Rohini Sindhuri

Supreme Court directed IPS Officer D Roopa and IAS Officer Rohini Sindhuri, to not give any interview or any information to the media, social and print, in any form.

Case Briefs Supreme Court

Inside Supreme Court verdict on effect of acquittal in criminal trial on order of dismissal passed in departmental enquiry

Supreme Court said that allowing the orders of disciplinary authority and the appellate authority to stand, will be unjust, unfair and oppressive, as the charges were not just similar, but identical and the evidence, witnesses and circumstances were all the same.

Case Briefs High Courts

Madras HC injuncts Nirlon Kitchenware from infringing and passing off Prestige’s lid from its Svachh series of pressure cookers

Madras High Court said that the lids were identical as the design was one and the same and added that the Prestige was in the market of manufacturing pressure cookers for a long time and their trade mark is well known and their turnover was huge

Case Briefs High Courts

Can MSMED Act have an overriding effect over Arbitration and Conciliation Act and agreement between parties? Allahabad HC answers

“The parties to an arbitration have an autonomy to decide not only on the procedural law to be followed, but also on the substantive law”

Case Briefs High Courts

Controller failed to identify basis for concluding non-disclosure: Madras HC directs to proceed application for grant of patent

Madras High Court said that the appellants have given complete specifications which also capture the results of the evaluation of the claimed invention against the parameters of penetration, nutrient permeability and root penetration test.

Hot Off The Press News

[Krishna Janmabhoomi-Shahi Eidgah Mosque case] Allahabad HC allows plea seeking appointment of Court commissioner for inspecting the Mosque

This application had been moved in the original suit, presently pending in the High Court concerning Mathura’s Krishna Janmabhoomi-Shahi Eidgah Mosque dispute.

Hot Off The Press News

[Defamation case] Supreme Court asks IPS Roopa to delete social media posts against IAS Rohini Sindhuri

Supreme Court expressed its disappointment that the officers could not resolve their disputes amicably and said that If IAS-IPS officers fight like this, how will the administration work.

Case Briefs High Courts

Protection from marital rape continues in case where wife is 18 years old or more: Allahabad HC acquits husband under S. 377 IPC

The Court remarked that in the proposed Bhartiya Nyay Sanhita which is likely to replace IPC, no provision like Section 377 IPC is included therein

Case Briefs High Courts

[INIMOX v IMOX] Madras High Court directs mark “INIMOX” to be registered only for products intended for veterinary use and not for human use

“Be it in infringement or passing off actions, or in the context of an application for registration and objections being raised on relative grounds – the visual, phonetic and structural similarity between the later and earlier marks will, as in all cases, play a significant role.”

Case Briefs Supreme Court (Constitution/Larger Benches)

7-Judge Bench Verdict | Supreme Court Judgment on validity of Unstamped Arbitration Agreement

“The concept of separability or severability of an arbitration agreement from the underlying contract is a legal fiction which acknowledges the separate nature of an arbitration agreement. The separate nature of the arbitration agreement from the underlying contract is one of the cornerstones of arbitration law”

Case Briefs High Courts

Reservation is not required to be provided while appointing Law Officers by Government: Madras High Court

The relationship between the government and the Law Officer is purely a professional relationship and not that of a master and servant

Case Briefs High Courts

[Trade mark infringement] Madras High Court directs Registrar to notify the mark ‘Royal Enfield’ in register of well-known marks

Madras High Court said that in respect of the motorcycle industry, the trade mark ‘Royal Enfield’ is well-known, not only in India, but also in abroad. Their annual reports also prove that their turnover runs into several hundreds of crores of rupees and they have carved a niche for themselves in the motorcycle industry.

Events/Webinars News

India is having a paradigm shift in dealing with commercial matters – says Justice Yashwant Varma at 2nd International Arbitration Dialogues

Indian Arbitration Forum in collaboration with KPMG, EBC Publishing Pvt. Ltd. has organised Second edition of International Arbitration Dialogues on 07-12-2023

Case Briefs High Courts

Vigilance Committee should be cautious while conducting enquiry for granting or cancelling community certificate; Madras HC remands matter for reasoned order

Madras High Court said that the grant of community certificate or cancellation of community certificate would have a larger repercussion and will affect the future generation of the family

Hot Off The Press News

Supreme Court issues notice to Lieutenant Governor regarding “Farishte Dilli Ke” scheme funds

The Delhi Government under the ‘Farishtey Dilli Ke’ scheme encourages individuals to assist road accidents victims, by giving them incentives. Further, the government covers the hospital bills of individuals who have met with accidents in Delhi

Hot Off The Press News

Supreme Court grants bail to liquor company regional head Benoy Babu in Delhi Liquor policy Case

Former Deputy Chief Minister, Delhi, Manish Sisodia was also accused in this case for violating statutory provisions and for notifying olicy that had significant financial implications.

Case Briefs High Courts

No bar which can restrict landlord from beneficial enjoyment of his property: Allahabad HC upholds order directing tenant to vacate premises

“A tenant or the Court cannot direct the landlord how and in what manner he should live/ arrange affairs. There is no bar which can restrict a landlord from beneficial enjoyment of his own property”