Simranjeet, Author at SCC Times

‘Supervisory or regulatory authority over trade mark agents and patent agents appears to be the need of the hour’; Delhi High Court observes

“There are repeated cases wherein litigants have raised allegations against Trade Marks Agents and Patent Agents and apart from reprimand from courts, there are no other consequences that visit them.”

Case Briefs High Courts

Delhi HC grants permanent injunction to Living Media India Ltd. for its mark “Aaj Tak”; restrains YouTube channels, social media pages/accounts/handles from using similar mark

“The plaintiffs have a family of marks all of which use the “TAK” suffix; therefore, the “TAK” suffix has become a source identifier of the marks of the plaintiffs and is, thus, the dominant part of the mark.”

Case Briefs High Courts

[LPG Cylinders Tender] Delhi HC upholds restriction to prevent single entity with common ownership from submitting multiple bids and monopolizing the market

“The aim of fostering diverse supplier base can serve as counterbalance to intrinsic challenges posed by oligopsonistic market. By discouraging market domination by single entity, tender conditions are designed to mitigate the risks associated with limited buyer options, thereby creating more level playing field for all market participants.”

testimony credibility of injured eyewitnesses

Cases Reported Never Reported Judgments

Never Reported Judgment | When Supreme Court relied on the testimony of injured eyewitnesses present at the spot in close proximity, for identification of the accused persons [(1952) 1 SCC 404]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on the credibility of injured eyewitnesses.

Case Briefs High Courts

[Project NH-32] Delhi High Court upholds Award of Rs. 36 Crores to be paid by NHAI to Ashoka Buildcon Ltd

“It is essential that there be illegalities or deficiencies at the face of the Award which shocks the conscience of the Court for it to qualify to be set aside by an act of this Court while adjudicating upon a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996.”

Case Briefs High Courts

‘Highly qualified and has earning capacity’; Delhi High Court denies maintenance to a woman who did not disclose her true income

“Section 24 of the Hindu Marriage Act, 1955 is not meant to create an Army of idle people waiting for a dole to be awarded by the other spouse.”

Case Briefs High Courts

Trial Court rightly relied upon Aadhaar card to ascertain victim’s age u/s 94 of the JJ Act, 2015; Delhi High Court upholds discharge in POCSO case

“Wherever the dispute with respect to the age of a person arises in the context of her or him being a victim under the Protection of Children Against Sexual Offences Act, 2012, the courts have to take recourse to the steps indicated in Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015.”

Case Briefs High Courts

‘Appears to be large-scale operation with intention to collect money under the name AJIO’; Delhi High Court directs Cyber Cell to investigate AJIO scratch card scam

“The letters and the scratch cards, etc., are so convincing that any customer or recipient will be unable to distinguish between the plaintiffs’ communications and those of the said entity or person.”

Case Briefs High Courts

[Child Beggary] Delhi High Court directs Government of Delhi to file detailed status report on steps taken for rehabilitation of rescued children

“Delhi Commission for Protection of Child Rights is directed to furnish year-wise details of operations conducted by it from 2016 to date.”

Case Briefs High Courts

‘Not an original work u/s 13(1)(a) of Copyright Act’; Delhi HC directs Registrar of Copyrights to expunge copyright registration for work ‘GOORCHARRE MAST SEVIAN’

“If any person or entity mis-describes the work as an original work, when it is actually not and is a copy of another work, such registration will be a registration wrongly remaining on the Register of Copyrights.”

Case Briefs High Courts

Delhi High Court upholds validity of Rule 8 of Chewing Tobacco and Unmanufactured Tobacco Packing Machines (Capacity Determination and Collection of Duty) Rules, 2010

“The fact that a particular packing machine is operated only for few days during the month does not result in the duty liability being proportionately reduced or enhanced.”

Case Briefs High Courts

Workman’s absence from work due to ill health, though unauthorized but not willful or by negligence; Telangana High Court sets aside order of removal

“The respondents were directed to count the service of the workman from the date of removal till his death with all attendant benefits payable to the petitioner but without back wages.”

Case Briefs High Courts

Government already addressing immediate healthcare requirements of animals; investing in training, skill development of veterinary personnel: Delhi High Court

“Determining the exigency of combating any virus affecting the well-being of animals requires deliberations amongst experts with niche knowledge and falls outside the Court’s jurisdiction.”

Case Briefs High Courts

‘Citizens of India shall not be deprived of statutory benefits merely on ground of not having Aadhar Card’; Telangana High Court reiterates

The Court directed the State to reconsider the petitioner’s request for issuance of Pattadar Pass Book-cum-Title Deed for agriculture lands without insisting to submit her Aadhar Card or its details.

Case Briefs High Courts

Acrimonious relationship between parents, no ground to deny an attempt at re-establishing bond between mother and child: Delhi High Court

“The Family Court is not to act as an adjudicatory forum alone but is also to act as a facilitator to secure settlement of disputes. The Family Court ought to adopt a different approach from that adopted in ordinary civil proceedings.”

Case Briefs High Courts

Delhi High Court grants permanent injunction to Monster Energy Co. for its ‘MONSTER’ mark

“The mere insertion of figure above the word in the defendant’s mark does not mitigate the fact of infringement or of the defendant consciously seeking to pass off its products as those of the plaintiff.”

Case Briefs High Courts

‘Courts cannot be used as marriage facilitators’; Delhi High Court denies anticipatory bail to man accused of raping woman on pretext of marriage

“The Courts cannot be used as a forum for pressurizing the accused to get married to the victim or be denied bail, or by the accused for obtaining bail by asking the complainant to appear before the Court and state that he was ready to get married to her.”

Case Briefs High Courts

Delhi HC grants permanent injunction to Mattel Inc. for ‘Rainforest Family’ characters and word mark ‘KICK AND PLAY’ for its baby gym products

“The plaintiff’s baby gym product is quite a distinctive product which is designed in a particular form along with depiction of characters which are known loosely as a ‘Rainforest Family’ characters.”

Case Briefs High Courts

Patna HC reads down the words “with approval of” as “in consultation with” for appointment of teachers; saves constitutionality of Section 57A(5) of Bihar State Universities Act, 1976

“The rule of reading down a provision of the Act is a rule of harmonious construction used in order to save such provision from being declared unconstitutional.”

Case Briefs High Courts

Principle of res ipsa loquitur in stricto sensu shall not apply to cases falling under Section 304-A of Penal Code, 1860: Uttaranchal High Court

“The res ipsa loquitur is applicable in a civil action under the tort and the same cannot be pressed into service in a criminal case to prove negligence.”