Soumya Yadav, Author at SCC Times

Child below 12 cannot be held criminally liable without sufficient proof of maturity: JJB Sonipat absolves 11-year-old in murder case

“No interview was carried out during investigation or inquiry, no psychological assessment was conducted, and no effort was made to find out the mental capability of child in conflict with law”

Case Briefs High Courts

Tenants’ right to timely redevelopment prevails over developer’s commercial interests: Bombay High Court

“The society and its members cannot be made to wait endlessly for the developer to take necessary steps in the redevelopment process.”

Case Briefs High Courts

‘Vapo’ is descriptive and publici juris: Madras High Court rejects Vicks Vaporub’s claim of deceptive similarity with VAPORIN

“The term VAPO is merely an abbreviation of the word vapour and it is descriptive and common to the trade and nobody can claim exclusive right to use any abbreviation, which has become publici juris.”

Case Briefs High Courts

Madras High Court: Denial of maternity leave for third pregnancy unsustainable; State directed to extend benefits

“The respondents have not understood the principle underlying in those orders and that repeatedly rejecting the plea of employees seeking maternity benefits for third pregnancy is an agonizing fact.”

humane approach compassionate appointments

Case Briefs High Courts

Orissa High Court: Denial of Head Constable post to dependent spouse of disabled combatant unjustified; humane approach mandated in compassionate appointments

“A society, which does not hold the Defence Personnel in high esteem, will do disservice to itself, inasmuch as its own security will be at stake, if those who guard it are not regarded.”

Case Briefs High Courts

Bombay High Court protects TRACKON courier service trade mark from infringement

“Where a word constitutes a prominent and essential part of a registered composite/label mark, the unauthorised use of that word would amount to infringement within the meaning of Section 29(9) of the Trade Marks Act.”

Events/Webinars News

Climate, Economic Tribunals and Turnarounds take centre stage on Day 3 of the 4th ILA Conference

On Day 3 of the 4th Insolvency Law Academy Annual Conference, discussions centred on climate change and insolvency, institutional challenges facing economic law tribunals, the evolving turnaround framework, and contemporary insolvency scholarship.

Events/Webinars News

Experts deliberate on entrepreneurship, risk and second chances at Day 2 of the 4th ILA Conference

Day 2 of the much-awaited 4th ILA Conference brought together eminent voices from India and abroad to examine insolvency law through the lens of entrepreneurship, risk-taking, and the importance of dignified second chances.

Railway employee travelling on pass held bona fide passenger

Case Briefs High Courts

Railway employee travelling on Privilege Pass held bona fide passenger; Bombay HC grants Rs 3 lakh compensation despite missing journey entries

“Merely because an employee holding a valid pass fails to mention details himself, it cannot be held that he was travelling without a valid pass.”

Case Briefs High Courts

Jharkhand High Court: Five-year delay in SIT formation reflects police unconcern; State directed to frame guidelines to regulate outsiders linked to trafficking

“This crime has devastating consequences for the physical, cognitive, and socio-emotional development of children, who often suffer lifelong health issues, severe trauma-related disorders, anxiety, depression, difficulties in social integration.”

Case Briefs High Courts

Bombay High Court: Assignment of leasehold rights not ‘Supply of Services’, Not taxable under GST

“The transaction pertained exclusively to transfer of benefits arising out of immovable property and had no nexus with the business of the petitioner company.”

Case Briefs High Courts

Bombay High Court: Major victim cannot be detained in protective home against her wish; Detention under Immoral Traffic (Prevention) Act unsustainable

“Mere fact that the victim was alone, by itself, could not have been a justifiable ground to detain her in a protective home.”

Case Briefs District Court

Inconsistent and uncorroborated witness testimonies fatal to prosecution: Tis Hazari Court acquits accused under Sections 509, 506 IPC

“The lack of clarity with respect to the actual place of occurrence of the alleged incident along-with lack of specific allegations in testimony cast serious doubt over the case of prosecution.”

Case Briefs High Courts

Madras High Court dismisses appeal against Controller’s order, finds Flipkart’s patent novel and inventive

“The entire case of Flipkart rested on the ground of lack of novelty and inventive features in the invention of the patentee.”

Case Briefs High Courts

Madras HC: Single appeal maintainable against common judgment in suit and counter-claim, provided proper court fee is paid

“A prior purchaser not impleaded in a suit for specific performance cannot seek cancellation of the decree but is entitled to a declaration that such decree is not binding on him, along with the consequential relief of injunction.”

Limitation Act computation in contractual termination

Case Briefs High Courts

Orissa High Court bars application of Limitation Act computation method to contractual termination clauses

“Whether the termination would take effect from a particular date has no nexus to the period provided for issuance of the notice.”

Case Briefs High Courts

Jharkhand High Court: Concealment of age and murder conviction before marriage amounts to mental cruelty, destroys trust

“The conduct of the wife by concealing the material fact about her age and her conviction of life in a murder case, before contracting marriage, has caused mental agony to the husband to such an extent that it is almost impossible for them to live together.”

Case Briefs High Courts

Second marriage during subsistence of first remains void despite first wife’s death; Orissa HC denies Family pension to second wife

“The Hindu Marriage Act does not recognise childlessness as a justifiable circumstance for entering into wedlock with a person who is already in the subsisting wedlock with another.”