Simranjeet, Author at SCC Times

Delhi High Court directs National Rare Diseases Committee to explore possibility of procuring medication for Spinal Muscular Atrophy at affordable price

“Effective deliberations between companies and National Rare Diseases Committee and also a positive response from the Companies will have substantial impact on lives of children who are suffering from rare diseases.”

Case Briefs High Courts

Inability to bear a child is neither impotence nor a ground for dissolving marriage: Patna High Court

“Developing any disease during the continuation of marriage is not within the control of any spouse. In such a situation, the other spouse has a marital duty to co-operate and bear with it and help the other spouse.”

Case Briefs District Court

‘Polo/Ralph Lauren Co. failed to establish prima facie infringement’; Tis Hazari Court vacates interim injunction against Home Needs for use of mark ‘POLO Lifetime’

“Marks of plaintiff and defendant appear quite distinctive as except the word mark POLO there is no similarity. The defendant’s mark uses suffix ‘LIFETIME’ which is predominant whereas plaintiff’s mark uses suffix ‘Ralph Lauren’ and ‘picture of polo player’.”

Case Briefs High Courts

Delhi High Court grants permanent injunction to Calvin Klein for marks ‘CK’, ‘Calvin Klein’, ‘ck one’ used for perfumes

“Testers are being sold by the defendants, Xeryus Retail (P) Ltd. masquerading them as perfumes of the plaintiff, Coty Germany GMBH for sale, thereby, luring customers into paying money for such testers which are otherwise, not to be commercially dispensed.”

Case Briefs High Courts

Is Mughal Mosque near Qutub Minar a protected monument? Delhi High Court directs ASI to produce 109-year-old records

“The Managing Committee of the Waqf Board contended that the Mughal Mosque situated near Qutub Minar did not fall within the protected monuments as notified by the Archaeological Survey of India in a notification dated 24-1-2014.”

Case Briefs High Courts

Delhi High Court dismisses plea challenging the exemption given to Bajrang Punia, Vinesh Phogat from undergoing Asian Games selection trials

“The Writ Courts must not substitute their opinions to the opinions arrived at by the experts unless the Court is satisfied that the decision taken by the experts is perverse or illegal. The function of the Court is only to see that the decision has been arrived at in good faith and the experts have acted reasonably.”

Case Briefs High Courts

Delhi High Court grants interlocutory injunction in favour of Zenith Dance Institute (P) Ltd. for its mark ‘ZENITH’

“The term ‘ZENITH’' even being a common English expression cannot be regarded as ‘publici juris’ in the context of services relating to education in dance.”

Case Briefs High Courts

Delhi High Court declares ‘SUPREME’ red-box device mark as a ‘well-known’ trade mark for apparel and clothing

The defendant, Dhanpreet Singh Trading was restrained from seeking any statutory rights by applying for trade marks or copyrights in respect of the red-box device mark ‘SUPREME'.

Cases Reported Never Reported Judgments

Never Reported Judgment | Can property acquired through invalid adoption be considered joint family property? [1951 SCC 557]

This report covers the Supreme Court's Never Reported Judgment dating back to the year 1951 on whether the property acquired through invalid adoption, will be considered as joint family property.

Case Briefs High Courts

“Can’t claim exclusive monopoly on generic word ‘VASUNDHRA’”; Delhi High Court refuses to grant interim injunction to Vasundhra Jewellers

“A party that has made an assertion that its mark is dissimilar to a cited mark and obtains a registration based on that assertion, is not to be entitled to obtain an interim injunction against the proprietor of the cited mark, on the ground that the mark is deceptively similar.”

Case Briefs High Courts

Delhi High Court dismisses plea of Pernod Ricard for renewal of its liquor licence on ground of non-maintainability

“A reasoned order dated 13-4-2023 had been passed rejecting the L-1 License application of the petitioner, Pernod Ricard India (P) Ltd. on the ground that documents had been received from investigating agencies alleging the participation of the petitioner and its employees in commonly referred to as the ‘Delhi Excise Policy Scam’.”

Hot Off The Press News

Delhi Court grants two-days interim bail to Brij Bhushan in a sexual harassment case

“BJP MP and former Wrestling Federation of India (WFI) chief Brij Bhushan Sharan Singh has been granted interim bail by Delhi’s Rouse Avenue Court in the case of alleged sexual harassment of six female wrestlers. His secretary Vinod Tomar is also granted bail by the Delhi Court.”

Case Briefs High Courts

Subscription amount received from e-journals cannot be treated as royalty: Delhi High Court

“For a service to be categorized as a technical service, it has to be concerned with applied science, i.e., using scientific knowledge for practical applications, or industrial science concerning, relating to, or derived from industry.”

Case Briefs High Courts

Determination of ‘mental illness’ as per S. 105 of the Mental Healthcare, 2017 cannot be prejudicial to interest of any party: Delhi High Court

“The Mental Healthcare Act, 2017 is a special Act and by virtue of Section 120 of the said Act, the same has been given an overriding effect with respect to any other law for the time being in force.”

Cases Reported Never Reported Judgments

Never Reported Judgment| Application of False trade descriptions can be proven through circumstantial evidence, not just positive affirmative evidence [1951 SCC 549]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1951 on Section 6 of the Merchandise Marks Act, 1889.

Case Briefs High Courts

[Himalaya v. Wipro] Delhi High Court restrains Wipro Enterprises from using ‘EVECARE’ mark for female menstrual health products

“It is intriguing as to why a reputed company such as the defendant company, Wipro Enterprises would launch its product, also pertaining to female reproductive hygiene, almost 22 years later, using the identical trade mark as that of the plaintiffs, Himalaya Wellness Co.”

Case Briefs High Courts

‘Privacy, publicity and personality rights not heritable’; Delhi High Court refuses to stay “Nyay : The Justice” movie based on Sushant Singh Rajput

“The rights ventilated in the plaint, that is, the right to privacy, the right to publicity and the personality rights which vested in Sushant Singh Rajput, were not heritable. They died with his death. The said rights, therefore, did not survive for espousal by the plaintiff.”

Case Briefs High Courts

Delhi High Court sentences Veer Singh, son of Max Group founder for three months simple imprisonment for contempt of court

The Court directed the SHO, Tilak Marg to issue warrants of arrest against Veer Singh and shall also get the Look Out circular issued against him as he was not willing to comply with the orders of this Court.

Case Briefs High Courts

‘Publish details of grievance officers on website for public access’; Delhi High Court directs LinkedIn

The details of the Grievance Officers in terms of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including the physical and email address shall be published openly for public access on LinkedIn’s website.

Case Briefs High Courts

“Offends transgender persons’ right to privacy as well as right to dignity”; Telangana High Court declares Telangana Eunuchs Act, 1329 Fasli as unconstitutional

“Constitutional morality impacts upon any law which deprives the LGBT individuals of their entitlement to a full and equal citizenship. LGBT individuals living under threats of conformity grounded in cultural morality have been denied basic human existence. Constitutional morality does not permit such discrimination and must supersede cultural morality.”