Simranjeet, Author at SCC Times

‘Similar to mark GK HAIR’; Delhi High Court restrains use of mark ‘GK WELLNESS’ for hair care products in infringement suit by company Van Tibolli

“Refusal of injunction will be contrary to public interest, as there will be likelihood of confusion, in the public, between the products of defendants and plaintiffs because of similarity of the marks used by them.”

Case Briefs High Courts

Delhi High Court sets aside Single Judge’s order affirming revocation of PepsiCo’s registration for potato variety FL 2027 used in Lay’s chips

“It will be wholly arbitrary and illogical to accord a judicial imprimatur to an order of revocation which is founded on a factor which has no material bearing on the ultimate grant or which fails to meet the tests of fundamental ineligibility and invalidity.”

Case Briefs High Courts

Delhi High Court restrains manufacturers from selling cosmetic products imitative of Blue Heaven’s products and packaging

“Defendants’ use of a similar mark/packaging in similar combinations not only raises concerns about potential confusion but also suggests an attempt to free ride on plaintiff’s established reputation.”

Case Briefs High Courts

No income arises on investment in shares in an Indian subsidiary as it is a capital account transaction: Delhi High Court reiterates

“Angelantoni Test Technologies submitted that transactions are capital account transactions which are incapable of generating any income and orders and notices are passed merely to verify transactions without any tangible material in possession of Commissioner of Income tax to indicate escapement of income.”

Case Briefs High Courts

Strengthen e-filing, streamline weeding out and digitization of disposed of record: Delhi High Court

“There is a need to adhere to and insist on strict e-filing of pleadings, documents, and applications etc. in the jurisdictions which have been already notified under the e-filing rules. This may be achieved by gradually discouraging the acceptance of physical filing in the notified jurisdictions.”

Case Briefs High Courts

Special Courts not barred to try offences pending against former MPs/MLAs: Delhi High Court

“Petitioner is a former MLA and the argument that he has ceased to be an MLA at time of commission of alleged offence, cannot be a bar to his case being tried by the Special Court, constituted to deal with criminal cases pending against MPs/MLAs.”

Case Briefs High Courts

CBSE Circulars specifically proscribe any revision; marks once uploaded will be treated as final for preparing CBSE’s result: Delhi High Court

“Utter chaos will result if schools are permitted to commit errors while uploading students’ marks on CBSE’s website and thereafter, call upon CBSE to correct the marks awarded at their end.”

Cases Reported Never Reported Judgments

Never Reported Judgment | Claim of adverse possession cannot be sustained on basis of discontinuous and irregular acts [(1952) 2 SCC 468]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on claim of adverse possession.

Case Briefs High Courts

Uttaranchal High Court directs Chief Wildlife Warden to follow procedure provided u/s 11 of Wildlife Protection Act, 1972 before directing to hunt/kill any wild animal

“The decision of Chief Wildlife Warden to issue direction to hunt wild animal, has to be on a rational basis, foundationed on credible material, and not because of any pressure being exhorted by local politicians or people.”

Case Briefs High Courts

Accused cannot be coerced to reveal/disclose password in regard to digital evidence while trial is ongoing: Delhi High Court

“The concerned Investigating Agency cannot expect anyone who is an accused, to sing in a tune which is music to their ears, more so, whence such an accused, is well and truly protected under Article 20(3) of the Constitution.”

Case Briefs High Courts

Uttaranchal HC takes suo motu cognizance of illegal felling of trees in jungle areas of Kaladhungi to Bajpur; directs State to take action against erring officials

“No committee was ever constituted to determine as to who will be the actual traditional forest dwellers or a Scheduled Tribe, who can be protected by the rights conferred upon them by the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.”

Case Briefs High Courts

Delhi HC restrains Dr. Reddy’s Laboratories Ltd. from commercially launching any product consisting of ‘Olaparib’ till 12-03-2024

“Dr. Reddy’s is willing to give an undertaking that it will not commercially launch product ‘Olaparib’ prior to expiry of Kudos Pharmaceuticals’ patent and until then, it will only undertake activities which are permissible u/s 107-A of Patents Act, 1970.”

High Courts

Persons with Disabilities to be given choice for transfer/posting at preferred place; May be exempted from rotational transfers: Delhi High Court

“State shall ensure that the persons with disabilities are not subjected to unnecessary and relentless harassment by being transferred/posted at places where they are unable to get an environment which is conducive for their working.”

Case Briefs High Courts

Delhi HC directs MCD and DFS to constitute a Joint Task Force to inspect coaching centres in Mukherjee Nagar in respect of fire and public safety norms

“All institutes/ centres operating in Mukherjee Nagar shall ensure that process of instruction and training to enrolled students is not disrupted and in case of temporary closure, they shall ensure that instruction through online mode is continued.”

Hot Off The Press News

[Parliament Security Breach] Delhi High Court dismisses Neelam Azad’s plea for release from police custody

“Apart from Neelam Azad, co-accused Sagar Sharma, Manoranjan D, Neelam Verma, Amol Shinde, Lalit Jha and Mahesh Kumawat are also in police custody.”

Case Briefs High Courts

‘Advocates practicing in other states ineligible for post of District Judge’; Telangana HC upholds Rule 5(1)(a) of Telangana State Judicial (Service and Cadre) Rules, 2023

“The object of enactment of the Telangana State Judicial (Service and Cadre) Rules, 2023 is to recruit suitable candidates to Telangana State Judicial Service who are acquainted with the practice of local Courts in Telangana and have the knowledge of local laws.”

Case Briefs High Courts

‘Collecting money ostensibly for charitable activity not permitted when foreigner comes to India on business visa’; Delhi HC upholds deportation of a US citizen

“Petitioner, a citizen of USA, had come to India under a valid visa and was deported from India by the Bureau of Immigration from Trivandrum Airport, Kerala on 28-11-2022.”

Case Briefs High Courts

Adjustment of entry tax paid on damaged cement against VAT liability not admissible under Bihar Entry Tax Act: Patna High Court

“If the goods are imported for any purpose other than consumption, use or sale within the State, then the importer has to prove how the goods imported were disposed of.”

Case Briefs High Courts

To constitute a valid service u/s 34(3) of A&C Act, a signed copy of Arbitral Award must be delivered to each party and not to their agent or lawyer: Delhi HC

“The expression ‘party’ as defined in Section 2(1)(h) of the Arbitration and Conciliation Act, 1996, clearly indicates a person who is a ‘party’ to an Arbitration Agreement and in no way includes the agent of the party to such Agreement.”

Case Briefs High Courts

Penalty imposable under Section 56(4)(b) of Bihar VAT Act on account of clerical mistake in mentioning of invoice number in SUVIDHA form: Patna High Court

“Section 60(4) of Bihar VAT Act, 2005 enables a seizure of goods along with the carrier if the authority suspects the transport to be in contravention of the provisions of Section 60(2).”