Arunima, Author at SCC Times

[Delhi Excise Liquor Policy] Delhi High Court rejects PIL seeking removal of Arvind Kejriwal from Chief Minister post

The PIL filed in the Delhi High Court raises concerns about potential obstruction of due process of law and disruption of justice amidst legal proceedings against Arvind Kejriwal. The petitioner argues that allowing Kejriwal to remain in office could undermine fair administration of justice and potentially lead to a breakdown of the constitutional machinery in Delhi.

Case Briefs High Courts

Article 21A mandates free and compulsory education up to 14 years, without the freedom to choose a specific school: Delhi High Court

The right available under Article 21A of the Constitution or under Section 12 of the RTE Act is only to free and compulsory education till the age of fourteen, not for being provided such education in a particular school.

Case Briefs High Courts

[Eveready v Everyday] Delhi High Court grants ad interim injunction in favour of Eveready Industries for trademark infringement

The case arises from the alleged infringement of Eveready’s trademarks by the defendants. Eveready contends that the defendants’ use of the mark “EVERYDAY” for electric gas lighters is deceptively similar to Eveready’s “EVEREADY” trademark.

Hot Off The Press News

Arvind Kejriwal Arrest: Delhi High Court issues notice to ED; No interim bail for now in Liquor Excise Policy case

Delhi’s Chief Minister, Arvind Kejriwal, was arrested on 21-03-2024 in connection with the Delhi Liquor Excise Policy, implemented in November 2021 to tackle the liquor mafia and boost revenue.

Law made Easy

Understanding Identity, Address, and Date of Birth Proofs in Legal Contexts

These proofs serve as pillars of trust and accountability in numerous domains, from financial transactions to access to social services. Balancing innovation with protection remains paramount to ensure that identity verification mechanisms remain reliable and secure in an increasingly digitized world.

Case Briefs High Courts

Husband put on higher degree than wife is unacceptable; Calcutta High Court grants restitution of conjugal rights to wife

“It is a collective duty of both husband and wife to wither the trivial issues which are normal in a matrimonial life and mutual respect to the decision of each other appears to be the hallmark of the society. Even the Constitution recognises equality in gender and, therefore, the husband to be put on higher degree than that of the wife is unacceptable.”

Case Briefs High Courts

Delhi High Court permits 73-Year-Old NDPS convict, out on bail for 13+ years, to perform Haj pilgrimage

The applicant who is seeking permission to perform Hajj Pilgrimage, is aged about 73 years, and was sentenced to undergo imprisonment for a period of 11 years 6 months, had already undergone a period of 10 years 3 months in judicial custody, before his sentence was suspended by the Court and has been out on bail for past 13 years, and no adverse report has come on record that he has misused the liberty to granted to him.

Case Briefs High Courts

Arrest and Jail should be resorted in rare cases of contumacious denial to pay the maintenance; Delhi High Court sets aside detention order

A person who has already having been sent to civil imprisonment for a period of three months, cannot be sent to civil prison again in execution of the same decree for a second time.

Know thy Judge

Know Thy Judge | Justice Chakradhari Sharan Singh, the 34th Chief Justice of Orissa High Court

Justice Chakradhari Sharan Singh was recommended as new Chief Justice of Orissa High Court on 02-11-2023 and took charge of his new office on 07-02-2024.

Case Briefs High Courts

Bombay High Court| Tata Memorial Hospital classified as an autonomous body under Central Government Control

Tata Memorial Hospital and Indian Cancer Research Centre were amalgamated into an institution named as Tata Memorial Centre, which was registered as a Society under the provisions of the Societies Registration Act, 1860 and also as a public trust under the provisions of the Bombay Public Trusts Act, 1950.

Case Briefs High Courts

Courts must scrutinize 498 A complaints to discern between clever drafting and truth; Delhi High Court quashes complaint

Where the wife is set to implicate the entire family of the husband in a criminal case, it is to be expected that through her lawyer she would get a complaint properly drafted making some specific allegations against each of the family members.

Case Briefs High Courts

Delhi High Court mandates expedited relief in abuse and eviction dispute under Senior Citizen Act

The very word senior citizens should not refer to only the age beyond 60 years but should invite everyone’s attention to the literal meaning of “senior” also, which as per Oxford dictionary refers to the word “senior” as “equivalent to having a high or higher position in a company, organization, etc. and thus, in the society qua the younger generation.

Case Briefs High Courts

Issue of limitation cannot be decided without recording of evidence, once it becomes a mixed question of law and fact: Delhi High Court upholds Trial Court’s dismissal of Order 7 Rule 11

Delhi High Court held that the dismissal of the petitioner’s application under Order VII Rule 11 CPC was warranted, emphasizing the need to focus solely on the allegations in the plaint at the preliminary stage because the issues regarding limitation and adverse possession required further evidence and examination, which could not be resolved without a full trial.

Case Briefs High Courts

Delhi High Court upholds ITAT decision denying stay application for demand recovery against Indian National Congress

Delhi High Court granted the Indian National Congress the opportunity to pursue its case further by filing a fresh stay application, while also providing important clarifications regarding the interpretation of relevant guidelines and the discretion of the authorities in such matters.

Case Briefs High Courts

Delhi High Court denies anticipatory bail in Amazon Prime fake call center fraud case

The case of the prosecution that tele-callers were impersonating themselves as employees of Amazon and receiving calls from customers, who were facing problems related to Amazon Prime Videos and other services provided by Amazon.

Case Briefs High Courts

Delhi High Court upholds maternity benefits of a contractual employee; Imposes costs on Delhi State Consumer Forum

Delhi High Court expressed surprise at GNCTD filing an appeal challenging the provision of benefits under the Maternity Benefit Act to a dedicated young woman who served in the Delhi State Consumer Forum for over five years on contractual basis considering their efforts to promote women’s interests, such as the Mukhyamantri Mahila Samman Yojna promising a monthly sum of Rs. 1,000 to adult women in Delhi, excluding tax-payers, government employees, or pensioners.

Case Briefs High Courts

Delhi High Court: Complaint by Delhi Pollution Control Committee not authorized under Section 19 of Environmental Protection Act

As per notification No. S.O. 624(E) dated 03.09.1996, the Central Government authorized the Chairman and Member Secretary of the Delhi Pollution Control Committee (DPCC) to file complaints under Section 19 of the Environment (Protection) Act, 1986. However, the notification did not grant the authority for further delegation of power by the Chairman and Member Secretary to file such complaints.

Case Briefs High Courts

Delhi High Court upholds Dolma Aunty Momos trademark; Cancels infringing trademark registration

The ruling sets a precedent for protecting established brands and upholding the integrity of trademark registration processes. The cancellation of the infringing trademark serves as a deterrent to potential trademark violators, emphasizing the importance of respecting intellectual property rights in commercial activities.

Case Briefs High Courts

Use of “Dish” deemed non-infringing trademark; Delhi High Court rejects interim injunction against Prasar Bharti’s DD Free Dish

The word ‘DISH’ is a common English word which denotes Dish Antenna and cannot be described as a prominent or an essential feature of such nature so as to allow the plaintiff a monopoly over its use. The two products at dispute were “DD Free Dish” by Prasar Bharti (Doordarshan) and “Dish TV” by Dish TV India Limited.

Case Briefs High Courts

Delhi High Court refuses divorce to husband on displaying constant reluctance towards reconciliation

Unfortunate are the matrimonial disputes where the fountain head of friction inter se the spouses is mere lack of adjustment, understanding and the will to stay together. These factors are the wheels of the chariot of a workable marriage and if either spouse becomes averse to move together and chooses to abandon the relationship, then extensive reconciliatory efforts by one spouse, would also not yield any results.