Arunima, Author at SCC Times

‘Interest cannot be withheld in the absence of express provisions permitting the same’; Delhi High Court partially sets aside arbitral award for being patently illegal

The impugned arbitral award was passed without considering the clauses of the Concessionaire Agreement while adjudicating on the rate of interest to be granted, thus, suffers from infirmity and patent illegality.

Case Briefs High Courts

Delhi High Court dismisses PIL filed seeking directions to draft and implement a comprehensive scheme to address the grievances of home buyers availing home loans

The PIL seeks formulation and implementation of a scheme that conclusively addresses the grievances of other home buyers who may not have the capacity to approach courts/forums to seek redressal against builders.

Case Briefs High Courts

Delhi High Court denies relief for specific performance of collaboration agreement in view of the bar under Section 14 (d) Specific Relief Act, 1963

The Collaboration Agreement is a commercial transaction between the private parties and hence the same by its very nature is determinable, even if there is termination clause in the Collaboration Agreement

Case Briefs High Courts

Delhi High Court dismisses PIL by Subramanian Swamy against Union approval for JV partnership between Air Asia Investments Ltd and Tata Sons

The Union decision is contrary to the FDI Policy of the Government of India and contrary to the guidelines laid down by the Union Ministry of Civil Aviation.

Case Briefs High Courts

Bombay High Court dismisses petition by Air India Employees Union alleging their ‘right to occupy’ allotted accommodations after privatization

Bombay High Court observed that if such a small number of employees continue to hold on to the accommodations, the AIAHCL will not be able to monetize the land to reduce the burden of debt AIL put on it.

Case Briefs High Courts

Delhi High Court expunges extra judicial remarks passed against police officials and investigating agencies while hearing a bail application

Departmental action is a serious issue that can affect the career of police personnel or any other public official for that matter and to make observations/directions in a cursory and casual manner is unwarranted.

Case Briefs High Courts

Delhi High Court directs Indian Embassy in Tashkent to ensure medical care and proper legal representation of the Indian national arrested in Uzbekistan

The petition was filed by the sister of Mr. Raghwendra Pratap Singh, an Indian national who has been arrested in Uzbekistan and is hereby seeking consular access and legal representation.

Case Briefs High Courts

Delhi High Court summons ADM, Delhi Balram Meena and ADM Rakesh Dahiya for alleged missing of valuable land records from the office of sub-registrar

These are valuable lands to which these documents relate and thus, the missing of such records has a significant bearing on the rights of citizens and there is a threat of misuse of the documents.

Case Briefs High Courts

Delhi High Court directs GNCTD to undertake special recruitment drive for filling up backlog of vacancies for Persons with Disabilities

The present PIL was filed by the National Federation of the Blind challenging the inaction on the part of the State (respondent) in filling up the vacancies which are reserved for Blind and Low Vision candidates.

Know thy Judge

Justice Arup Kumar Goswami- 14th Chief Justice of Chhattisgarh High Court retires

Justice Arup Kumar Goswami who was appointed as the 14th Chief Justice of the High Court of Chhattisgarh with effect from 12-10-2021 is retiring today. Justice Goswami is known to be a cricket enthusiast and has represented Assam in the Ranji Trophy.

Case Briefs High Courts

Delhi High Court grants bail to an accused alleged of duping customers into taking loans through Chinese mobile application ‘Agile Loan’

It is the case of the prosecution that the present applicant helped other Chinese nationals who were responsible for building the loan app and facilitating the opening of bank accounts of non-existent companies for the transfer of duped money.

Case Briefs High Courts

Delhi High Court holds plea regarding ‘invalidity of registrations’ granted in favour of the trademark BURGER KING as untenable

Delhi High Court observed that no issue regarding the validity of the registrations of trademarks of the plaintiff is liable to be framed in the facts and circumstances of the present case.

Case Briefs High Courts

Delhi High Court discusses on the distinction between ‘descriptive’ and ‘suggestive’ trademarks in the context of the mark ROYAL and its use in relation to rice

Delhi High Court observed that the use of the word ‘ROYAL’ appears to be only in the form of depicting the quality of the rice. The use of the word ‘ZABREEN’ prominently on its packaging is sufficient to take the defendant out of the mischief of infringement and passing off.

Case Briefs High Courts

Celebration of ‘Cow Hug Day’ a policy matter; Delhi High Court dismisses plea challenging withdrawal notification by Animal Welfare Board

AWBI stated that Cow Hug Day shall be celebrated on 14-02-2023 as the Cow is the backbone of Indian culture and rural economy, sustains our life, represent cattle wealth and biodiversity.

Case Briefs High Courts

Bombay High Court: Mere existence of the slightest probability of confusion in case of medicinal product marks requires that the use of such mark be restrained

Bombay High Court observed that confusion in the case a medicinal or pharmaceutical product may have disastrous effect on the health.

Case Briefs High Courts

Delhi High Court| Pendency of a partition suit by the son against his parents is no deterrent to the proceedings under Senior Citizens Act, 2007

Senior Citizens have every right to protect themselves and in case of ill-treatment and abuse by their children/ legal heirs, can approach the Maintenance Tribunal for their eviction from their property of any kind, which includes both Ancestral as well as Self Acquired Property.

Case Briefs High Courts

Bombay High Court directs State to pay Rs 25000 to a Congress worker for his unjustified arrest

Cases under Section 153A are on the rise and the onus is on the police/State to ensure that the said provision is not misused by anyone, much less, political parties.

Case Briefs High Courts

Bombay High Court permits Municipal Corporation of Greater Bombay to execute project for providing adequate water supply to citizens around Gorai Village

The Bombay High Court held that the Petitioner’s proposed project is for providing water for the citizens of Gorai village as the said project certainly falls under the permitted exceptions in the scheme of the things provided for CRZ as well as protection of mangroves.

Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

Top 14 Rulings from Tribunals, Commissions, Regulatory Authorities: Shiv Sena Party Symbol Dispute, Income Tax Act, Medical Negligence and more| February 2023 Roundup

This roundup contains many interesting rulings including the Shiv Sena Party Name and Symbol Dispute, Negligence committed by doctors and Compensation therein, Amendment to Section 178(6) of the Income Tax Act, Initiation of the Corporate Insolvency Resolution Process and more.

Case Briefs High Courts

[JEE Advanced 2022] Delhi High Court allows a meritorious EWS student to continue his course against a supernumerary seat provisionally allotted on default of seat allocation fee payment

The supernumerary seat was created by the respondents on their own and there was no direction for same in the interim order, thus, the caveat in the interim order that no equities would flow in favour of the petitioner, will not come in the way of the petitioner’s continuation against the said seat.