Simranjeet, Author at SCC Times

Declaration of status or right/title to property is a relief in personam and is arbitrable: Delhi High Court

“Only when the subject matter of the dispute relates to actions in rem, that do not relate to subordinate rights in personam arising from rights in rem, the subject matter will be non-arbitrable.”

Case Briefs High Courts

Delhi High Court dismisses PIL seeking usage of expression ‘Union Government’ instead of ‘Central Government/Centre’

“Federalism which was the basic structure of the Constitution could not be diluted or violated by usage of the expression ‘Central Government’.”

Case Briefs High Courts

Misrepresentation and Extortion in POCSO case| ‘Using name of Judges for commission of offences brings disrepute to judicial system, shakes community’s faith’; Delhi High Court denies bail

“This case and order will serve as a reminder that general public shall not believe unscrupulous persons and give them money, even if they are assured that they will get some work done from within the judicial system by such payment.”

Case Briefs High Courts

‘Ensures transparency, efficiency in State Departments’; Delhi High Court upholds MCD’s App-based Attendance System

“The decision to introduce a system implemented for enhancement of hospital administration is rooted in improvement of overall healthcare services to citizens of country. Employees are expected to align with these measures, recognizing linkage between compliance and smooth functioning of essential public services.”

Case Briefs High Courts

Social torture by spouse or leveling false allegation of having illicit relations outside marriage amounts to mental cruelty; Patna High Court grants divorce

“Alleging character assassination and to say that the husband shall be removed from service and further filing of domestic violence while alleging that the husband is in adultery, fornication, are serious allegations touching the character of respective persons.”

Case Briefs High Courts

SFIO not barred from investigating offences under IPC and conducting ‘further investigation’ after filing of investigation report: Delhi High Court

“If power is given to the Special Court under Section 436(2) of the Companies Act, 2013 (‘the Act’) to try offences other than those under the Act, then SFIO’s power to investigate into such offences cannot be restricted.”

Case Briefs High Courts

‘Consider uploading fresh copy of film ‘Jawan’ with accessibility features on OTT platforms’: Delhi High Court to Ministry of Information and Broadcasting

“The Ministry of Information and Broadcasting shall call the producers of the films ‘Jawan’ and ‘Hi Papa’ for consultation and impress upon them the importance of providing these features at least in the OTT release for these two films.”

Case Briefs High Courts

Delhi High Court permanently injuncts Bajaar LLC, a US based company from using ‘WinZO’, ‘WinZO Games’, ‘WINZO’ marks

“Defendants are based out of India and are taking shelter under the technological tools to stay away from the Court, while continuing to operate the platform.”

Cases Reported Never Reported Judgments

Never Reported Judgment | Sections 290, 291 of U.P. Tenancy Act, 1939 are not applicable to cases cognizable by Civil Courts but wrongly instituted in Revenue Court [(1952) 2 SCC 443]

“This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Sections 290 and 291 of the U.P. Tenancy Act, 1939.”

Case Briefs High Courts

Misuse of RTI Act will dilute its importance and make government servants dither from carrying out their activities: Delhi High Court

“The Court has unfortunately been coming across various cases where abuse of Right to Information has led to paralysis and fear among Government officials.”

Case Briefs High Courts

‘Not in good taste’; Delhi High Court directs ECI to decide on Rahul Gandhi’s ‘false & vilifying speech’ case within 8 weeks

“Though the statements in the speech made by Rahul Gandhi, if true, are not in good taste, yet the Election Commission of India is examining the matter.”

Hot Off The Press News

Ankita Bhandari Murder Case | Uttaranchal High Court rejects bail plea of main accused Pulkit Arya

“The Court passed the order during the hearing held on 20-12-2023.”

Case Briefs High Courts

Delhi High Court declares shaded ‘N’ mark of New Balance Athletics, Inc. as a ‘well-known mark’ in relation to footwear

“Global use of shaded ‘N’ logo of New Balance Athletics, Inc., and registration of the logo in India since 1997 along with its enforcement, leaves no doubt that said writing style in respect of footwear is exclusively associated with New Balance.”

Case Briefs High Courts

‘Complete lack of due diligence in prosecution as petition u/s 34 of A&C Act, 1996 dismissed twice’; Delhi HC dismisses application filed for availing benefit u/s 14 of Limitation Act

“In the context of Section 14 of Limitation Act, 1963, what needs to be seen is whether appellant has brought on the record any evidence to show that he is prosecuting the previously instituted suit with due diligence.”

Case Briefs High Courts

Patna High Court quashes case against Navjot Singh Sidhu for cautioning people of Muslim community about dividing their votes

“From the content of the speech, it does not appear that petitioner has tried to promote feelings of enmity or hatred between two classes of people or two religions but in fact he has only said that Owaisi is trying to divide the votes of Muslims.”

Case Briefs High Courts

Insurance Company acts as indemnifier and has no contractual/other relationship with transferee of offending vehicle: Delhi High Court

“The registered owner cannot absolve himself of the liability by contending that he has transferred the offending vehicle to a third person prior to the date of the accident.”

Case Briefs High Courts

Delhi HC directs State to pay revised minimum wages to Tihar Jail prisoner as per order dated 20-04-2023 passed by Office of Commissioner (Labour), Govt. of Delhi

“There is no justification as to why revised minimum wages have been implemented from 14-11-2023 and not from the date when the minimum wages have been increased and implemented in Delhi.”

Case Briefs High Courts

‘Not an original artistic work’; Delhi High Court cancels copyright registration of ‘Arras The Boss’ in a suit by perfume brand ‘Hugo Boss’

“Impugned artistic work is not an original artistic work and primarily consists of mark ‘BOSS’, which does not belong to Respondent 1 and even the colour scheme of petitioner is substantially imitated by Respondent 1, which will supplement the finding that the impugned registration is not an original work.”

Case Briefs High Courts

Patent Office to pass orders after concluding oral hearings within reasonable period that cannot go beyond 3-6 months: Delhi High Court

“The timelines prescribed in the Patents Act, 1970 and the Patent Rules, 2003 reflect the Legislature’s intention to ensure that no unnecessary delays are caused in the process of grant of patents.”

Case Briefs High Courts

Telangana High Court directs State to permit women members of Akhbari Sect of Shia Muslim to offer prayers in Ibadat Khana

“Except during a particular period which is given as the ‘rest period’ for women by the nature itself, there is no bar against women to offer prayers.”