Simranjeet, Author at SCC Blog

Never Reported Judgment | Prayer to rescind partition on ground of fraud cannot be entertained after several years, when party had access to accounts for due diligence [(1952) 2 SCC 316]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on rescinding partition on ground of fraud.

Case Briefs High Courts

Over-crowding of emergency wards must be circumvented to make best medical assistance available to critical patients: Delhi High Court

“The Court took cognizance of the necessity to upgrade and enhance the overall infrastructure facilities in the government hospitals, in particularly the emergency wards.”

Case Briefs High Courts

Merely because wife is earning, does not automatically operate as absolute bar for awarding maintenance: Delhi High Court

“Maintenance pendente lite/permanent alimony u/s 24 or 25 of the Hindu Marriage Act, 1955 may be claimed by either wife or husband. The phrase “sufficient for her or his support” has to be interpreted to mean that applicant is able to maintain with reasonable comfort and standard of living which applicant was accustomed in matrimonial home.”

Case Briefs High Courts

Delhi High Court directs Voltranic India Lubricants to pay Rs. 1 lakh cost to Castrol Ltd. for infringing its ‘CASTROL’ mark

“Copying of so many marks, labels, packaging, and containers is a deliberate act on defendants’ behalf to gain monetarily by selling counterfeit products.”

Case Briefs High Courts

Directions for investigation u/s 156(3) CrPC cannot be given mechanically by Magistrate; application of mind necessary: Delhi High Court

“Magistrate is not bound to direct investigation by police even if all allegations made in complaint disclose ingredients of cognizable offence. Each case must be viewed depending upon facts and circumstances involved therein.”

Case Briefs High Courts

Employee cannot be penalized for employer’s failure to deposit TDS: Delhi High Court

“If petitioner is able to obtain any amount of money towards tax deducted from his income at source for Assessment Years 2009-10, 2011-12 and 2012- 13 from his employer, the same shall be deposited by him with the revenue.”

Case Briefs High Courts

‘Deceptively similar to Sun Pharma’s mark ABZORB’; Delhi HC restrains Protriton Products LLP from using mark ‘ABBZORB’ in relation to health supplements

“Even if two device marks are visually completely dissimilar, and if their textual components are deceptively similar to each other, then visual dissimilarities between marks, owing to “added matter”, pale into insignificance, where infringement is concerned.”

Case Briefs High Courts

Delhi High Court dismisses India-Pakistan ‘Super Basmati’ Rice Dispute for non-prosecution

“Basmati has also been registered as a geographical indication under the provisions of the Geographical Indications of Goods (Registration and Protection) Act, 1999 in India.”

Case Briefs High Courts

Delhi High Court grants injunction to Emerald Enterprises for its mark ‘EMERALD’ in relation to valves

“The name, the goods and the class of customers is identical. The Plaintiff was a long prior user of the mark and name ’Emerald’ for valves and the Defendant’s adoption is recent.”

Case Briefs High Courts

‘Secured more marks than minimum qualifying marks for general category’; Delhi HC directs Centre to consider EWS candidate under General Category for post of Navik (General Duty)

“Purpose of examination is to screen out best candidates available for job and since petitioner obtained more than minimum required marks, he should have been considered for Stage-II under General Category as his rejection is not based on merit but only on account of document verification.”

Case Briefs High Courts

‘Call meeting of all Cyber Crime Cells in order to have coordination in dealing with fraudulent transaction cases’, Delhi High Court directs Joint Secretary, MHA

“Whenever any information is requested by the Cyber Crime Cells of police authorities, banks ought to respond to the same in a diligent manner.”

Case Briefs High Courts

‘Sale of counterfeits destroys market for genuine goods’; Delhi HC grants Rs. 11 lakhs as damages and costs to Aero Club for its mark ‘WOODLAND’ in trade mark infringement suit

“The infringement conducted by defendant by imitating plaintiff’s mark ‘WOODLAND’ and ‘tree device ’ has been deliberate and calculated.”

Case Briefs High Courts

‘Lost all rights on expiry of Franchise Agreement’, Delhi HC restrains former franchise holder, Sripati Bhushan Srichandan from using mark ‘BACHPAN’ in relation to play school services

“Defendants are directed to ensure that reference to the mark ‘BACHPAN’, either as a word mark or as a device mark, is removed from all physical and virtual sites on which the mark might be reflected in association with defendants.”

Cases Reported Never Reported Judgments

Never Reported Judgment | When Supreme Court held that purchase of high-value property at low price showed that only limited interest in property was sold [(1952) 2 SCC 307]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on limited/absolute interest in property.

Case Briefs High Courts

Pacific Metro Mall charging parking fee does not violate Unified Building Byelaws for Delhi, 2016 or Master Plan for Delhi-2021: Delhi High Court

“There is no provision in the Unified Building Byelaws for Delhi, 2016 which proscribe charging of fees or controls the terms on which buildings are used.”

Case Briefs High Courts

Obtaining licence to run restaurant without specifying any area as smoking zone, does not entitle owner to run restaurant as hookah centre: Telangana High Court

“Restrictions imposed by law for supply and serving of tobacco products including serving hookah cannot be said to be violative of Article 19(1)(g) of the Constitution.”

Case Briefs High Courts

‘Section 24 of Hindu Marriage Act, 1955 is gender neutral’, Delhi High Court reduces maintenance pendente lite from Rs. 30,000 to Rs. 21,000

“The spouse having reasonable capacity of earning but chooses to remain unemployed without indicating sincere efforts to gain employment, should not be permitted to saddle other party with one sided responsibility of meeting out expenses.”

Case Briefs High Courts

Delhi High Court directs Acko General Insurance to take down social media listings displaying ‘Humanity’ mural of St+Art India Foundation

“The hoarding incorporating the mural would reveal that it is clearly an advertisement and that defendant’s advertisement reproduced plaintiff’s mural titled ‘Humanity’.”

Case Briefs High Courts

No proper coordination between different Govt. departments, not a defence for not complying with Court’s orders: Delhi HC directs Finance secretary to be present for next hearing

Delhi High Court opined that, if the orders passed by this Court would not be implemented, it would lead to a situation where each department of the Government would be raising objections to the statement made by the other department.

Case Briefs High Courts

Delhi HC grants stay on Tiz Hazari Court’s order vacating ad-interim injunction restraining Home Needs from using marks ‘POLO LIFETIME’, ‘RALPH LAUREN’ and word ‘POLO’

“The trade marks POLO/RALPH LAUREN/POLO PLAYER DEVICE are liable to be recognized as ‘well-known’ marks as defined under Section 2(1)(zg) of the Trade Marks Act, 1999.”