Arushi, Author at SCC Times

Delhi HC grants permanent injunction to Tata Group’s Ginger Hotels; restrains fake websites from infringing its trade mark

The Court stated that Defendants 1,8, 9 and 10 are engaged in illegal activities, which are potentially criminal in nature, and are aimed at deceiving unwary consumers by making them pay through their website under the false pretence of securing reservations with the plaintiff’s ‘GINGER’ hotels.

Case Briefs High Courts

DNA report merely proves paternity, and it cannot by itself establish absence of consent: Delhi HC acquits a man convicted of rape

Despite having multiple opportunities to report the alleged acts, complainant remained silent. Her complaint came only after the pregnancy was discovered. The Court stated that these facts lend credence to the possibility that the FIR was a reaction to social pressure and the nature of the relationship was re-cast retrospectively to explain an unwanted pregnancy.

Case Briefs High Courts

Delhi HC grants permanent injunction in favour of Peak XV Partners; restrains fraudulent websites and WhatsApp groups from passing off its trade mark

The unauthorized actions of Defendant 1, including the creation and operation of fraudulent WhatsApp/Telegram groups, websites and mobile apps, have given rise to substantial confusion, leading individuals to falsely believe that the impugned groups and website are affiliated with plaintiff.

Case Briefs High Courts

Delhi HC grants relief to e-commerce platform ‘Purplle’; directs removal of mark ‘Purplle Tree’ from Register of Trade Marks

Despite Respondent 1’s endeavour to create distinctions, it is crystal clear that the marks are confusingly/deceptively similar to the petitioner’s registered trade mark. Such use of a similar mark would invariably mislead consumers and members into believing that the goods under the impugned mark were sourced from the petitioner.

Case Briefs High Courts

Delhi HC restrains rogue websites from illegally streaming IPL 2025 matches; grants ‘dynamic+’ injunction in favour of Star India

The systematic, organised and intentional nature of the infringement, and the regularity and consistency with which the said content is being updated/ uploaded on the said “rogue websites” shows the extent of the violation of the rights of the plaintiff in real time.

Case Briefs High Courts

Delhi HC grants permanent injunction against shop owners from infringing Louis Vuitton trade marks on wallets, handbags, belts etc.

The Court stated that the mala fide intent of Defendants 7 and 8, is evident from their infringing activity of selling counterfeit products bearing the plaintiff’s trade mark with the sole objective of capitalizing on the immense goodwill and brand image enjoyed by the plaintiff.

Case Briefs High Courts

Patriarchal to say that woman must foresee marriage problems solely because she is elder to her partner; DHC refuses to quash FIR against a man accused of rape on pretext of marriage

The accused, despite being fully aware of the age difference, actively pursued the relationship, gave assurances of marriage, and induced the victim to make financial and emotional commitments.

Case Briefs High Courts

Delhi High Court grants bail to an alleged member of Lawrence Bishnoi Gang accused of shooting outside of Ex-MLA’s residence

The CCTV footage exhibited before the Court does not clearly reveal the shooter’s identity. Moreover, the forensic analysis of the CCTV footage and the Call Detail Records analysis of the accused’s mobile phone is still pending. Therefore, the Court refrains from drawing any conclusions at this stage.

Case Briefs High Courts

Delhi HC seeks Centre’s response on regulatory mechanism to ensure taxi apps are disabled friendly prior to their launch and have all accessibility features mandated under law

The Accessibility Audit Report revealed an alarming state of affairs inasmuch as 207 accessibility issues is identified in the ‘Rapido Android App’. Notably, 81 of these issues are referred to as “High Impact (P0)”.

Case Briefs High Courts

‘Section 482 of CrPC cannot be used as an instrument to short circuit prosecution and bring its sudden death’; Delhi HC dismisses petition seeking to quash FIRs

When exercising jurisdiction under Section 482 of CrPC, the Court will not ordinarily embark upon an inquiry whether the evidence in question is reliable or whether on a reasonable appreciation of it the accusations will not be sustained, as that is the function of the Trial Court.

Case Briefs High Courts

Delhi HC grants seven months extension to a man’s license for operating Special Minor Unit of New Delhi Railway Station earmarked for Divyang category

Petitioner averred that on account of COVID-19 pandemic, he was unable to operate his SMU and therefore, in light of a policy decision taken by the respondents to give extension, treating the pandemic period as dies non, benefit of extension was granted to the petitioner up to 16-03-2025.

Case Briefs High Courts

Delhi HC declares TAJ a well-known trade mark in respect of hotels and other related services in hospitality industry

The long duration and wide geographical area for which the TAJ marks have been in use, their goodwill and reputation due to the extensive promotion and extensive revenue generated by the plaintiff, in India and other countries, the TAJ marks have achieved the status of well-known trade marks.

Case Briefs High Courts

Court of Chief Judicial Magistrate cannot transfer a case from one Court or another on application or suo motu under Section 450 BNSS: Delhi HC

The Additional Chief Judicial Magistrate cannot exercise the administrative power of transfer of case from one Court to another within its jurisdiction, unless an order is passed by the High Court under Section 10(2) of Bhartiya Nagarik Suraksha Sanhita, 2023.

Case Briefs High Courts

Delhi HC directs Ministry of Youth Affairs and Sports to ensure parity in participation of male, female athletes in sporting events organized by National Sports Federations

“It is a matter of record that the female athletes have brought significant sporting glory to the country and this Court cannot countenance a situation where equilibrium is not maintained between the male and female contingents in sporting events.”

Case Briefs High Courts

Delhi High Court directs advocate to render pro bono legal services for his misbehaviour and unnecessary aggressive behaviour in courtroom

There can be no doubt unnecessary aggression and raising of voice in Court which demonstrates disrespect cannot be tolerated. Lawyers are ought to maintain decorum in the court room.

Case Briefs High Courts

Delhi HC grants permanent injunction in favour Eureka Forbes; restrains trade mark and copyright infringement of Aquaguard’s spare parts

Defendant 3 has taken unfair advantage of the reputation and goodwill of the plaintiff’s trade marks/artistic works and has also deceived the unwary consumers of their association with the plaintiff by dishonestly adopting the plaintiff’s registered marks/labels without any plausible explanation.

Case Briefs High Courts

Delhi HC grants relief to Kiranakart Technologies for its quick commerce platform Zepto; directs cancellation of ‘ZEPTO’ trade mark registered by an individual in 2014

The petitioner has filed an affidavit of the authorized representative of an independent investigating agency to support its averments regarding non-use of the impugned mark by Respondent 1 in relation to the services in class 35 for nearly 8 years up to the date of filing of the present petition.

Cases Reported Never Reported Judgments

NRJ Series| Agreement to be effectual as an assignment of actionable claim must be in writing and comply with Section 130 of Transfer of Property Act, 1882 [(1954) 2 SCC 869]

This report covers the Supreme Court’s Never Reported Judgment on actionable claim dating back to the year 1954.

Case Briefs High Courts

Letters Patent Appeal will not lie against judgment passed by Single Judge in appellate jurisdiction or against order by Court subject to superintendence of this Court: Delhi HC

The jurisdiction available to this Court under Article 227 of the Constitution is primarily in the nature of superintendence and accordingly the Letters Patent Appeal will not lie in the instant matter.

Case Briefs High Courts

‘Does not affect investigative prerogatives’; Delhi HC upholds order to preserve Call Detail Records, location data of CBI officials and independent witnesses

Since the Call Detail Records and location data have only been ordered to be preserved and not disclosed, there is no basis for the petitioner’s apprehension that this would provide an undue advantage to the defence. The direction simply ensures that potentially relevant evidence is not lost due to automatic deletion.