Arunima, Author at SCC Times

A spouse unable to maintain himself/herself is entitled to maintenance on the principle of equistatus; Calcutta High Court upholds maintenance to wife

The purpose of paying maintenance is mainly two folds, first to prevent vagrancy because of strained husband and wife relationships and to guarantee that the poor litigating spouse is not crippled as a result of a lack of funds to live a dignified life.

Case Briefs High Courts

Delhi High Court restrains Hyatt India from unauthorized public performance of copyrighted music at its hotels

The legal proceedings revolve around the defendants’ alleged unauthorized use of the plaintiff’s sound recordings at their hotels for commercial events, parties, and day-to-day business activities.

Case Briefs High Courts

Delhi High Court allows submission of encrypted DVDs and VCDs as evidence on record

Novex Communications Private Limited sued the operators of Social- Saket and Social- Hauz Khas for unauthorized use of copyrighted sound recordings, seeking to introduce video evidence of these infringements.

Case Briefs High Courts

Delhi High Court dismisses petition to disqualify BCI Chairman from Rajya Sabha over ‘Office of Profit’ Allegations; Imposes 25000 costs

Delhi High Court reiterated the need to follow the constitutional and statutory frameworks in dealing with matters of disqualification and election disputes.

Case Briefs High Courts

Bootlegging and illegal sale of liquor needs to be curbed with a heavy hand; Delhi High Court refuses to quash externment order

It cannot be ignored that bootlegging and illegal sale of liquor, contrary to the provisions of Delhi Excise Act is a big menace to society and needs to be curbed with a heavy hand.

Case Briefs High Courts

Calcutta High Court rejects stay on NCLT Kolkata relocation to Rajarhat: Advocates’ inconvenience not sufficient to halt policy decision

The petition was filed by NCLT Advocates Bar Association, Kolkata challenging the Ministry of Corporate Affairs’ decision to shift the National Company Law Tribunal (NCLT), Kolkata, from its current location at Esplanade Row (East) to a new facility in Rajarhat.

Case Briefs High Courts

Calcutta High Court orders post-mortem of minor rape victim at AIIMS under supervision of Judicial Magistrate

The BNSS empowers the Magistrate to oversee key investigation steps such as T.I. Parade, recording statements under Section 183, and supervising specimen signatures, handwriting, fingerprints, and voice samples under Section 349, thus, mirroring oversight throughout the investigation.

Case Briefs High Courts

Calcutta High Court denies interim relief to retired IPS officer over alleged provocative remarks at convention on R.G. Kar Medical College Case

The petitioner made statements like ‘had this happened at Sonagachi we could have said this can happen-This kind of incident cannot occur at a place like R.G. Kar’-from this we should bear in mind.

Case Briefs High Courts

Delhi High Court rules Domicile Certificate delays beyond students’ control; Directs CBSE to declare Board Exam results

The process of issuing and submitting the domicile certificates was delayed due to factors beyond the petitioners’ immediate control, and it is observed that no prejudice has been caused to the respondent-CBSE or any third party due to this delay.

Case Briefs High Courts

Delhi High Court stresses consistency in disciplinary actions for co-delinquents in employment misconduct; Upholds conversion of Bank Manager’s dismissal to compulsory retirement

Looking at the punishments awarded to the co-delinquents for same incidents/transactions and acts of connivance and testing the impugned action on the anvil of Article 14 as well as keeping in mind the long and unblemished spell of service of the respondent, save and except, the Single Judge was inclined to convert the punishment from ‘dismissal’ to one of ‘compulsory retirement’.

Case Briefs High Courts

‘Stray dog menace in Delhi is a serious issue affecting human life’; Delhi High Court refrains to address MCD’s negligence claims

The relationship between humans and dogs is at times a relationship of compassion and unconditional love. The responsible authorities should endeavour to manage the menace with the same compassion to ensure equilibrium in the living conditions of both, humans and dogs.

Case Briefs High Courts

Delhi High Court quashes blacklisting of 17 Haj Group Organizers on lack of clear notice on debarment

While the impugned orders are elaborate and explicitly cite specific provisions and clauses of the Haj Policy, 2023, which the petitioners were found to be violating, the show cause notices do not refer to any violations of the Haj Policy, 2023, attributable to the petitioners.

Hot Off The Press News

Bombay High Court strikes down IT Rules Amendment 2023; Major setback for Fact-Check Units

The case relates to IT Rules Amendment, 2023, when it allowed the government to set up Fact-Check Units (FCUs) to tackle misinformation against it, sparking fears of censorship and a chilling effect on free speech.

Case Briefs High Courts

[POCSO] Delhi High Court quashes charges against mother accused of failing to report daughter’s sexual assault by father

A mother is sought to be prosecuted for delay in reporting of sexual offences on a child by her own husband, despite the fact that the mother herself was allegedly subject to severe abuse, sexual and otherwise, in her matrimonial home.

Case Briefs High Courts

Delhi High Court restrains use of ‘AMMAJI’ trademark due to confusion with established ‘AMBA’ brand in TMT Bar Market

It is not necessary for a registered owner of a trademark to proceed against all entities using similar marks in order to proceed against any one of them. There may be a myriad reasons why a proprietor of a registered trademark may refrain from proceeding against entities that it considers are using infringing marks.

Case Briefs High Courts

Delhi High Court seeks review from Indian Air Force on why fit Female Pilot can’t fill unfilled male vacancies

The petitioner who is aspiring to join the Indian Air Force as a Pilot, having applied for the said post pursuant to the advertisement issued on 17-05-2023.

Case Briefs High Courts

Delhi High Court upholds Tihar Jail Superintendent’s denial of Rajya Sabha MP’s request for physical interview with Arvind Kejriwal

The petitioner is seeking right of physical interview in terms of Delhi Prison Rules and must therefore, exercise it in accordance thereof. He cannot, on one hand, seek right to physical interview according to Rule 589 DPR and on the other hand, not abide by the conditions contained therein.

Case Briefs High Courts

Delhi High Court denies travel permission to Sahara linked Director; Upholds LOC restrictions amid SFIO Investigation

Delhi High Court has denied travel permission to a Sahara-linked director, maintaining Look Out Circular restrictions amidst a critical SFIO investigation. The Court’s decision underscores the ongoing scrutiny of financial ties and the impact on ongoing probes.

Case Briefs High Courts

[Mankind v Mercykind] Delhi High Court directs fresh consideration of Injunction Application in Trademark Dispute

The Court was informed that during the pendency of the present appeal, the Mercykind Pharmaceuticals made significant changes both in its logo and get up of products which are being marketed by it, which would clearly merit consideration afresh by the Single Judge.

Case Briefs District Court

[Privity of Contract] Delhi Court rejects refund claim of Australia Tour for 63 people due to COVID-19 cancellation

Delhi Court dismissed suit filed seeking recovery of money paid for an Australia Tour for 63 people cancelled due to COVID-19 Lockdown citing lack of privity of contract.