Arushi, Author at SCC Times

Delhi High Court temporarily restrains use of ‘Masaba’ mark; grants interim protection to House of Masaba in a trade mark case

The plaintiff averred that given the widespread sale, promotional and advertising activities undertaken by the plaintiff, the registered trade marks has become the single source identifier of the plaintiff and its goods and services.

Case Briefs High Courts

Law should evolve to acknowledge and respect adolescent relationships, if they are consensual and free from coercion: Delhi HC upholds acquittal of POCSO accused

While the legal age of consent is important for protecting minors, the adolescents should be allowed to express their feelings and engage in relationships without fear of criminalization. The focus of the law should be on preventing exploitation and abuse rather than punishing love.

Case Briefs High Courts

Duty of educated litigant does not end merely by signing counsel’s fee cheque; expected to keep track of litigation: Delhi HC dismisses application seeking condonation of delay

The appellants cannot seek condonation of such colossal delay under the pretext of professional misconduct of their previous counsel. It is not only the colossal length of delay; it is the unacceptable explanation of the delay, which must be discarded.

Case Briefs High Courts

Delhi HC appoints Justice Arvind Sangwan as sole arbitrator in a petition filed by Dixon Technologies

The arbitration would take place under the aegis of the Delhi International Arbitration Centre and would abide by its rules and regulations.

Case Briefs High Courts

Merely because arbitrator was appointed by Orissa HC is no ground for Ranchi Court to not have jurisdiction: Jharkhand HC sets aside order dismissing S.34 arbitration application

The intention of both the parties where to go for arbitration, is at Ranchi and the proceeding after permission of the High Court was also conducted at Ranchi and in the agreement, the seat is also said to be at Ranchi. Thus, Ranchi court is having jurisdiction.

Case Briefs High Courts

‘Abysmal that S.498-A IPC is used as tool to harass husband and his family members’; Delhi HC quashes FIR against husband and his family

Such matters are now filed in the heat of the moment on advice of counsel by exaggerating and misconstruing actual events. However, this does not mean that genuine cases of harassment didn’t exist, and it is not blind to the ground reality of the deeply rooted social evil of greed for dowry.

Case Briefs High Courts

Female can have a surrogate child only after 23 years of age and before completing 50 years: Kerala HC clarifies Section 4(c) of Surrogacy Act

Similar restrictions are for male aged between 26 to 55. It is reasonable to presume that the legislature has imposed these age restrictions, considering the normal age that women conceive a biological child.

Case Briefs High Courts

‘Forcing to file written statement during mediation will hamper entire mediation process’: Delhi HC excludes time spent in mediation for calculating limitation to file written statement

Forcing the parties to file a written statement or to complete the pleadings during the process of mediation will prevent the parties in freely communicating with each other, which they have not been able to do since the dispute started.

Hot Off The Press News

Kerala Court acquits actor Shine Tom Chacko and six others in 2015 NDPS case

Shine Tom Chacko and others were arrested by the police, suspecting cocaine and other narcotic substances use during a party.

Case Briefs High Courts

Delhi High Court declares PETER ENGLAND as well-known trade mark

Considering the widespread promotional and advertisement activities undertaken by the plaintiff, it is apparent that the trade mark ‘PETER ENGLAND’ has become the single source identifier of the plaintiff and its goods and services.

Cases Reported Never Reported Judgments

NRJ Series| Proposal with several parts must be accepted/rejected in its entirety; acceptance of one part will at best be counter-offer and not a contract [(1954) 2 SCC 728]

This report covers the Supreme Court’s Never Reported Judgment on what constitutes as a contract, dating back to the year 1954.

Case Briefs High Courts

Section 29A of Representation of People Act, 1951 does not confer upon ECI to supervise internal elections of registered political party: Delhi HC

It is not for the Election Commission of India (‘ECI’) to resolve internal management disputes of political parties and in case of any grievance, the remedy may lie in taking recourse to filing a declaratory suit or any other appropriate civil remedy.

Case Briefs High Courts

Delhi High Court grants ad interim injunction to leading pharmaceutical company NOVARTIS; restrains use of NOVITAS mark

The plaintiffs submitted that the confusingly similar trade mark in the field of pharmaceuticals, create greater injury as compared to products and services in other fields.

Case Briefs High Courts

Persons not having birth certificate due to socio-economic backwardness cannot be denied opportunity of competing in sporting events: Delhi HC

“This Court cannot be oblivious of the fact that on account of socio-economic backwardness, it may not have been feasible in some cases, to obtain the birth certificates/other documents evidencing the age of the person within certain years from the date of birth.”

Case Briefs High Courts

Delhi HC directs DLSA to ensure appropriate mechanism to monitor appearance of legal aid counsels; consider establishing mechanism to report non-representation

“The present judgment is only an attempt to put in place a mechanism to address delays caused by the non-appearance of legal aid counsels and to prevent the dismissal of cases involving individuals who are already vulnerable and seeking justice.”

Case Briefs High Courts

Simply because application to refer parties to arbitration is rejected, right to file written statement cannot be forfeited on same date: Andhra Pradesh HC

The High Court held that the Trial Court ought to have passed separate order, in accordance with law, considering the provisions related to filing of the written statement and its forfeiture, also, keeping a view that the procedural law is handmaid of justice and the Court has the power to extend the time for filing of the written statement in the facts and circumstances of each and every case.

Case Briefs High Courts

Wife’s temporary job will not disentitle her to claim maintenance from husband, if income from said job is insufficient for her maintenance: Kerala HC

“The test is whether the wife is able to maintain herself more or less in the status, in which her husband has maintained her. The wife is entitled to live the same standard of life as she lived along with the husband.”

Case Briefs High Courts

Human Rights Commissions not meant to be ‘toothless tigers’; must be ‘fierce defenders’ safeguarding the right to live without fear and with dignity: Delhi HC

Human rights are not ordinary rights. These rights are integral to Article 21, which recognizes the right to life. The reports and recommendations of Human Rights Commissions are needed to be treated with seriousness and not rendered edentulous or pointless.

Case Briefs High Courts

Sexual assault against minors also attacks their innocence and sense of safety; often leave permanent psychological scars: Delhi HC dismisses bail application of POCSO accused

“It is a stark reminder of an unfortunate reality frequently observed by courts, where acts of sexual assault against children were often committed by individuals who occupy positions of trust or confidence in the child’s life. Such relationships of familiarity and trust not only provide perpetrators access to the child but also magnify the betrayal and lasting impact of the crime.”

Case Briefs High Courts

Delhi HC grants bail to four co-owners of coaching centre basement in flooding case leading to death of three civil services aspirants

The Court directed the applicants (‘accused persons’) to make their voluntary donation of Rs. 5 lakhs with Delhi State Legal Services Authority (‘DSLSA’), within two weeks, towards the welfare of the families of the deceased. The member secretary, DSLSA, shall then consider the claims from the families of deceased and issue direction for disbursal of the said amount after due consideration.