Apoorva, Author at SCC Times

India is having a paradigm shift in dealing with commercial matters – says Justice Yashwant Varma at 2nd International Arbitration Dialogues

Indian Arbitration Forum in collaboration with KPMG, EBC Publishing Pvt. Ltd. has organised Second edition of International Arbitration Dialogues on 07-12-2023

Case Briefs High Courts

Vigilance Committee should be cautious while conducting enquiry for granting or cancelling community certificate; Madras HC remands matter for reasoned order

Madras High Court said that the grant of community certificate or cancellation of community certificate would have a larger repercussion and will affect the future generation of the family

Hot Off The Press News

Supreme Court issues notice to Lieutenant Governor regarding “Farishte Dilli Ke” scheme funds

The Delhi Government under the ‘Farishtey Dilli Ke’ scheme encourages individuals to assist road accidents victims, by giving them incentives. Further, the government covers the hospital bills of individuals who have met with accidents in Delhi

Hot Off The Press News

Supreme Court grants bail to liquor company regional head Benoy Babu in Delhi Liquor policy Case

Former Deputy Chief Minister, Delhi, Manish Sisodia was also accused in this case for violating statutory provisions and for notifying olicy that had significant financial implications.

Case Briefs High Courts

No bar which can restrict landlord from beneficial enjoyment of his property: Allahabad HC upholds order directing tenant to vacate premises

“A tenant or the Court cannot direct the landlord how and in what manner he should live/ arrange affairs. There is no bar which can restrict a landlord from beneficial enjoyment of his own property”

Case Briefs High Courts

Madras HC directs Registrar to cancel trade mark registration granted to Khoday breweries for ‘Red and White’, being similar to well-known mark of Godfrey Phillips

“once it is concluded that the earlier trade mark is a well-known trade mark, the registration of an identical or similar trade mark is not permitted if the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or reputation of the earlier trade mark”

Case Briefs High Courts

Jurisdiction for Appeal against denial of Succession Certificate by Civil Judge lies with District Judge, not High Court: Allahabad HC

“The legislative intent in providing for an appeal before a District Judge in case of an order passed by an inferior court upon investiture of jurisdiction under Section 388 (1), is also clear from the emphasis in the language of the proviso where it states, ‘and not to the High Court’.”

Case Briefs Supreme Court

[Section 35 Stamp Act] Insufficiently stamped documents cannot be prohibited from admission in evidence, if not chargeable with stamp duty: Supreme Court

“The object of the Stamp Act is to collect proper stamp duty on an instrument or conveyance on which such stamp duty is payable. Section 35 is a provision to cater for the instruments not being properly stamped and, as such, not being admissible in evidence”

Case Briefs Supreme Court

Explained| Supreme Court verdict in Kannur University Vice Chancellor reappointment Case

Supreme Court held that it is not necessary to follow the procedure of appointment as laid down in Section 10 of the Kannur University Act, 1996 for the purpose of reappointment.

Case Briefs High Courts

Inside Madras High Court’s verdict in 1997 Disproportionate Assets case against former Minister of labour welfare A.M. Paramasivam and his wife

Madars High Court held that having obliged her husband to keep the ill-gotten income other than the known source of income, by lending her name for purchase of properties both in her name and in the name of her minor children, showing her as guardian, she is guilty of abetment under Section 109 of IPC.

Case Briefs High Courts

Whether expression “any application for grant of a patent for an invention” in S. 39 (1) applies to a patent of addition? Madras HC answers

“The application for grant of a patent of addition cannot be filed earlier than the date of filing of the application for grant of patent for the main invention; it cannot be granted before grant of the patent for the main invention; the term of the patent of addition shall not exceed that of the main invention, even if granted later than the main invention”

Case Briefs Supreme Court

Whether writ proceedings are maintainable against oil companies for eviction and compensation in view of BPCL case? Supreme Court to decide

“The Single judge directed IOCL to deliver peaceful vacant possession of the premises to the appellants upon removal of the structures therein. Further, directed it to pay arrears of market rent to the appellants in respect of the plot from 1-07-1995 till the date of delivery of possession in favour of the appellants”

Case Briefs High Courts

Madras HC directs IRDAI to place AYUSH treatment on a par with allopathic treatment; Asks it to direct insurance companies to reimburse insurance amount on equal scales

“Traditional treatment must also be encouraged, and it must get the same weightage as is given to allopathic treatment”

Case Briefs Supreme Court

Explained| Supreme Court verdict upholding constitutional validity of provisions relating to Personal Guarantors in IBC

“The principle aims of IBC are to promote investment, and resolution of insolvencies of corporate persons, firms, and individuals in a time bound manner. The IBC consolidated and amended a web of laws which had led to an ineffective and inefficient mechanism for resolution of insolvencies marked with significant delay”

Case Briefs High Courts

‘Not a case which would fall under the ‘rarest of rare’ category’: Madras HC commutes death sentence of father who raped his daughter

“Merely because a crime is heinous per se may not be a sufficient reason for the imposition of the death penalty without considering the mitigating factors and other circumstance”

Case Briefs High Courts

If small disputes in marriage are recognised as cruelty, many marriages may be at risk of being dissolved without any real cruelty: Allahabad HC grants decree of judicial separation

“In absence of any proceedings for restitution of conjugal rights by either party, the court below ought to have granted a decree for judicial separation by way of alternative relief”

Hot Off The Press News

Supreme Court upholds Union Government’s power to appoint GNCTD Chief Secretary; Allows Centre to extend the term of Naresh Kumar

Supreme Court clarified that the analysis in the present case is confined to a prima facie evaluation, without entering into issues pending adjudication before the Constitution Bench