Soumya Yadav, Author at SCC Times

Copyright infringement action maintainable by exclusive licensee: Bombay HC restrains unauthorised use of PPL’s sound recording across 94 outlets

“The defendants are operating about 94 establishments, and continuing infringement would result in loss and damage to the plaintiff tilting the balance of convenience in favour of the plaintiff.”

Case Briefs High Courts

Madras High Court rejects plea to stop Parasakthi movie release amid claims of copied script

“Though the balance of convenience is not in favour of the plaintiff, if the movie is released, the plaintiff would be in a position to claim damages.”

Case Briefs High Courts

Criminal Breach of trust and cheating cannot stand together simultaneously at cognizance stage: Orissa High Court sets aside cognizance order

“The petitioner submitted that the court below could not have taken cognizance of both offences simultaneously.”

Withdrawn arbitral deposit to be returned after insolvency

Case Briefs High Courts

Custodia legis principle applied: Bombay HC directs return of withdrawn arbitral deposit after insolvency resolution

“Once the resolution plan had reduced the claim under the arbitral award to Re.1, the withdrawn amount could not continue to remain with the award-holder.”

Case Briefs High Courts

Consumer cannot be penalised for insurer’s operational negligence with premium cheque: Bombay High Court

“The dishonour was not due to insufficiency of funds but due to technical problems in the aftermath of the floods.”

Case Briefs High Courts

Sale deed not binding: Madras HC holds daughter entitled to half share in ancestral property under Hindu Succession Act

“Merely because Patta and Kist Receipts stand in the name of defendant, and because the plaintiff did not raise any objection for the same, the presumption of joint possession of a co-owner cannot be dislodged”

Case Briefs High Courts

Jharkhand HC: Sanction under S. 197 CrPC not a shield for corruption; Cognizance against ex-IAS officer upheld

“Sanction under section 197 CrPC is only for the acts reasonably connected to official duty, not personal illegal acts even if done by the public servants.”

revaluation of marks in Judicial Service Exam

Case Briefs High Courts

[Judicial Services Exam] Bombay HC permits candidates to inspect answer books to ensure fairness; rules out re-evaluation of marks

“The sanctity of the competitive examination is to be maintained, and a writ cannot be issued to satisfy every doubt of the aggrieved candidate.”

Case Briefs High Courts

Denial of permanency on Ground of HIV Status is arbitrary and unconstitutional; Bombay HC grants relief to HIV+ sweeper

“Denial of benefit of permanency to the petitioner on the ground of his status as HIV+ is clearly arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India.”

Case Briefs High Courts

Challenging ban on Airbnb by Cooperative Housing Society? Bombay HC says: Writ Not Maintainable; Go to Cooperative Court

“The sole respondent in this proceeding is a cooperative housing society, which is a private entity, and hence the writ petition under Article 226 of the Constitution would not be maintainable.”

Case Briefs High Courts

‘Arbitrary and Discriminatory’: Bombay HC quashes Maharashtra Pollution Control Board circular restricting hazardous waste operations

“The Maharashtra Pollution Control Board has no jurisdiction to curtail the business activities of the company by restricting the area of its operation.”

Case Briefs High Courts

Madras HC urges Union to step up awareness on child internet safety; Suggests exploring Australia-style law restricting online access for under-16s

“Ultimately, it is the individual choice and right to access such obnoxious material or to avoid it and as far as children are concerned, the vulnerability is high, so the parents’ responsibility is higher.”

Case Briefs High Courts

Bombay HC finds no deceptive similarity between “RACIRAFT” and “EsiRaft”; Vacates interim injunction

“Well settled principles for assessing the deceptive similarity lays emphasis on visual appearance as well as the phonetic similarity i.e. that the marks have to be judged by the eye as well as the ear.”

Central Freedom Fighters pension guarantee

Case Briefs High Courts

State Freedom Fighter pension doesn’t automatically guarantee Central Freedom Fighters’ Samman Pension; Document-based proof mandatory: Madras High Court

“Welfare schemes are concessions extended to Freedom Fighters recognising their contributions during freedom struggle, and therefore welfare schemes and concessions ought to be implemented scrupulously by following the terms and conditions.”

Case Briefs High Courts

Bombay High Court denies bail in Palghar mob lynching case citing gravity of offence and distinct role of accused

“Liberty of a person accused of an offence would depend upon the exigencies of the case however it is possible that in a given situation, the collective interest of the community may outweigh the right of personal liberty of the individual concerned.”

Case Briefs High Courts

Courts can direct police assistance to implement injunction order under S. 151 CPC: Orissa High Court

“Mere filing of an appeal cannot and does not operate as a stay of the order appealed against, unless an order of stay operation of the same has been passed.”

SAP personnel not entitled to superannuation

Case Briefs High Courts

Jharkhand HC: Special Auxiliary Police personnel are contractual appointees with a maximum tenure of 7 years, not entitled to superannuation benefit

“If any age of superannuation was to be included or read into the scheme, the same could only be done by a proper amendment and not by any recommendatory letter.”

Case Briefs High Courts

Constructive res judicata bars re-litigation of interest claims; fresh arbitration impermissible after arbitral award: Bombay High Court

“Since disputes had already been subjected to arbitration and culminated in the Arbitral Award, the disputes and differences, including differences over interest payment prior to commencement of arbitration, are issues that are covered by constructive res judicata.”

Case Briefs High Courts

Public funds can’t be given to ‘favoured few’: Madras High Court suggests audit of ‘scandalously high’ fees paid to Govt law officers

“The submission made before the Court as regards the financial wherewithal of the petitioner was factually correct, therefore, the Court did not want to doubt the statement of a counsel that he was unable to even engage a clerk for obtaining certified copies for the 818 cases.”

Case Briefs High Courts

Bombay High Court: Petition for substitution of ODR-appointed arbitrator misconceived; Parties directed to mediation before Court’s Mediation Centre

“One cannot possibly conclude there was no consensus simply because the terms and conditions of the agreement between the parties entailed conciliation and arbitration by a named and pre-agreed Online Dispute Resolution Agency portal.”