Arunima, Author at SCC Times

‘Matters casting financial liabilities or penal consequences cannot be kept pending for years’; Delhi High Court quashes decade long delayed show cause notices

A statutory authority when faced with such a challenge would be obligated to prove that it was either impracticable to proceed or it was constricted by factors beyond its control which prevented it from moving with reasonable expedition.

Case Briefs High Courts

‘Right to reproductive choice includes right not to procreate’, Delhi High Court permits termination of 29-week pregnancy

The Court held that the petitioner should be permitted to terminate her pregnancy because allowing the Petitioner to continue with the pregnancy can impair the mental stability of the Petitioner as she is showing suicidal tendencies.

Case Briefs High Courts

Delhi High Court dismisses petition by Kashmiri migrants challenging DDA’s Special Housing Scheme for Retired/Retiring J&K Migrants

These petitioners, who had not even applied under the second scheme cannot be permitted to challenge the same, that too, at a belated stage i.e. after four years of the closure of such scheme.

Case Briefs High Courts

Delhi High Court stays trademark registration of ‘JACK DANIELS’ being violative of Section 9(2)(a) & Section 11 of Trade Mark Act, 1999

It is the case of the petitioner that they have been using the mark “JACK DANIEL’S” since 1895 in respect of alcoholic beverages. The petitioner is the registered proprietor of various trademarks including “JACK DANIEL’S” and other formative parts.

Case Briefs High Courts

Calcutta High Court upholds maintenance for wife and daughter; Rejects claims challenging legal marriage despite pending appeal

It is the obligation and bounded duty of the husband to maintain his wife and children, if he has sufficient means and neglects or refuses to maintain them in case wife is unable to maintain herself and her child.

Case Briefs High Courts

Delhi High Court grants bail to anti-CAA protest accused in money laundering case under PMLA and UAPA

Special statutes have stringent conditions for grant of bail but they should not become means to detain the accused without there being any possibility of concluding the trial, expeditiously. Merely charging an accused person under the provisions of these special statutes should not become a punishment in itself which violates Article 21.

Case Briefs High Courts

Delhi High Court upholds injunction against Novakind Bio Sciences for infringing Mankind Pharma’s ‘KIND’ trademark

Mankind Pharma used the mark “MANKIND” since 1986 and holds 78 separate trademark registrations covering a variety of pharmaceutical products. The concern arose when Novakind adopted the name “NOVAKIND” for its pharmaceutical products.

Case Briefs High Courts

Delhi High Court allows CISF appointment for candidate facing serious criminal charges pending final outcome

The petitioner has been successful in obtaining employment with the CISF based on his own merit and qualification. In case the petitioner is not allowed to join, subject to the pendency of the criminal case, the petitioner may lose this opportunity for all times to come, and this loss would never be compensated.

Case Briefs High Courts

Calcutta HC injuncts West Bengal Govt. from creating any 3rd party interest during pendency of proceedings over ₹2171 crore Essex arbitral award

Calcutta High Court: A petition was filed by Essex Development Investments (Mauritius) Limited (award-holder) seeking the execution of an arbitral award amounting

Case Briefs High Courts

[Right to be Forgotten] Delhi High Court directs masking of accused’s name in quashed FIR from case records and online search results

There is no reason why an individual who has been duly cleared of any guilt by law should be allowed to be haunted by the remnants of such accusations easily accessible to the public.

Case Briefs High Courts

Delhi High Court quashes FIR in rape, kidnapping & POCSO case following marriage and mutual settlement

In cases involving Section 376 IPC or the POCSO Act, Courts must exercise caution while quashing FIRs, as these offences impact societal interests. However, Delhi High Court acknowledged the unique circumstances where the petitioner and the prosecutrix, now married with children, had reached a settlement, balancing societal concerns with the realities of the parties’ lives.

Case Briefs High Courts

Delhi High Court grants interim medical bail to a Tihar Jail detainee for urgent medical treatment after willful non-compliance of orders by Jail authorities

Even though the applicant/petitioner is an accused in the serious crime money laundering, this Court believes that he has every right to avail the best medical treatment, and no authority can curtail the Fundament Right provided to him by the Constitution of India.

Case Briefs High Courts

Delhi High Court modifies sentences of technologically savvy ISIS terrorists who used their educational qualifications to promote terrorism

The appellants are technologically savvy persons who have made use of their educational qualifications to promote terrorism and incite offensive activities against the country. Such cases would have to be dealt with differently than cases involving innocent persons, who may have been pulled into crime without their knowledge.

Case Briefs High Courts

Delhi High Court issues detailed directions for tackling bomb threat emails targeting Delhi Schools

Delhi High Court directed GNCTD and Delhi Police to tackle rising bomb threat emails targeting Delhi schools and ordered time-bound implementation of action plans, regular mock drills, and appointment of zonal nodal officers to ensure swift and effective responses.

Case Briefs High Courts

Delhi High Court dismisses petition for plot allotment based on manipulated documents and unclean hands in cooperative society dispute

The Financial Commissioner has left no stone unturned in examining the entire gamut of facts in great detail, including minute scrutiny of the Administrator’s report, the findings of the JR as also the Inquiry Report of the Crime Branch, this Court does not find that there has been any apparent violation of principles of natural justice.

Case Briefs High Courts

Delhi High Court directs Indian Coast Guard to verify candidate’s documents after Aadhaar discrepancies; Reinstates in next induction batch

Delhi High Court directed the Indian Coast Guard to verify the documents of a candidate whose selection was previously canceled due to Aadhaar discrepancies. The court ruled that upon successful verification of his identity and date of birth, the candidate will be reinstated in the next available induction batch, subject to medical clearance and formalities.

Case Briefs High Courts

Delhi High Court quashes FIR against Madhuri Jain Grover, wife of Ashneer Grover, in economic offences case after settlement

The decision follows a settlement between the parties and the withdrawal of civil proceedings.

Case Briefs High Courts

Delhi High Court sets aside OCI blacklisting over lack of due process and clear justification for entry restriction

The Court cannot overlook that a mere affidavit, lacking the force of a formal order, was relied upon to deny fundamental privileges under OCI status. To proceed on such tenuous grounds, without proper procedural fairness, would set a concerning precedent, one that risks eroding the unique rights granted under the Citizenship Act.

Case Briefs High Courts

Delhi High Court annuls Special Marriage Act registration for Muslim couple due to conflict with Islamic Law

The Court directed that the Chief Secretary of the Government of National Capital Territory of Delhi (GNCTD) personally intervene to ensure the timely and effective compliance of the judgment dated 04-07-2024 which required the implementation of an online registration mechanism for marriages solemnized under Muslim personal law.

Case Briefs District Court

UP Court upholds restraint on Canada’s Jamp Pharma and third parties from infringing Jubilant Generics Limited’s IPR and confidential proprietary information

The Court has upheld a restraint against Canada’s Jamp Pharma and associated third parties, preventing them from infringing upon Jubilant Generics Limited’s intellectual property rights and unauthorized use of its confidential product dossier reinforcing the importance of respecting cross-border confidentiality agreements in pharmaceutical manufacturing and distribution.