Arunima, Author at SCC Times

Court cannot substitute its own view and pass an order which is neither pleaded nor prayed for by the parties: Calcutta High Court

The case relates to Joint Forum of Doctors who approached the police authorities for permission to hold peaceful protest raising certain grievances relating to an unfortunate and barbaric incident of R.G. Kar Medical College and Hospital at the night of 09-08-2024

Case Briefs High Courts

Delhi High Court restrains ‘JV Evergreen Sweets and Treats’ from infringing ‘Evergreen’ mark

The comparison of images of both names makes it abundantly clear that defendant 1 has copied the most distinctive part of the plaintiff’s mark, which is ‘Evergreen’. In the case of the defendant 1, the word ‘Evergreen’ has the prefix “JV” and the suffix “Sweets and Treats”, whereas in the plaintiff’s case, the word ‘Evergreen’ is followed by the word “Sweet House”.

Case Briefs High Courts

Delhi High Court grants injunction in favor of IKEA in trademark infringement case against IKEY

The similarity between the conflicting marks ‘IKEA’ and ‘IKEY’ is such that it cannot be mere co-incidence and a case of ignorance.

Case Briefs High Courts

Delhi High Court refuses to quash FIR against DU professor for derogatory tweet on ‘Shiva Ling’ found at Gyanvapi Mosque, Varanasi

The petitioner made a tweet via his Twitter handle and made a post on his Facebook account regarding the presence of the ‘Shiva Linga’ like structure found in the Gyanvapi Mosque in Varanasi, Uttar Pradesh which reads as “Yadi yeh Shiv Ling hai to Lagta hai shayad Shiv ji ka bhi khatna kar diya gaya tha”

Case Briefs High Courts

Children should not be penalized because their father chose abandonment over divorce; Delhi High Court directs minor for fresh representation

It would be a travesty of justice if the petitioner were denied the benefit of circular merely on the ground that his mother does not have a decree of divorce or separation from a court of law.

Case Briefs High Courts

Telecommunication towers not ‘immovable property’ under Section 17(5)(d) of CGST Act; Delhi High Court quashes ₹5454 crore GST demand

The expression “plant and machinery” has been defined by the Explanation appearing in Section 17(5) of CGST Act to mean apparatus, equipment and machinery fixed to earth by foundation or structural support. However, it specifically excludes telecommunication towers from the ambit of the expression “plant and machinery”.

Case Briefs High Courts

[FEMA] Delhi High Court quashes ED’s NOC rejection for Times Internet Limited and Bennett Coleman overseas investments

The impugned communications do not disclose any substantive reason for rejecting the NOC. A rejection of such import, devoid of any rationale or justification, is arbitrary and falls afoul of the principles of natural justice.

Case Briefs High Courts

Delhi High Court quashes compulsory retirement of Class IV employee of Khalsa Girls School due to procedural lapses and violation of natural justice

Even though in a departmental inquiry, the standard of proof is preponderance of probability, the onus to establish the charges is on the department through the Presenting Officer and once the evidence is led, the IO is required to look into the evidence of the prosecution and the defence and come to a finding, after analysis and deliberations.

Case Briefs High Courts

‘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.

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‘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.

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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.

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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

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[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.