Simranjeet, Author at SCC Times

Thorough enquiry regarding monument’s antiquity and age required before declaring it as ‘ancient’: Gauhati HC

The Superintendent of Archaeology is empowered to undertake a thorough enquiry as to the antiquity of the monument to be protected and shall determine as accurately as possible the age of the monument on such evidence as may be available to him.

Case Briefs High Courts

Bombay HC restrains Chrome21 India from infringing Hind Rectifiers’s mark ‘HIRECT’; declares ‘HIRECT’ as a well-known trade mark

The rival marks are structurally, phonetically, and visually identical and/or deceptively similar when compared as a whole and the word ‘HIRECT’ is the important, prominent, and essential feature of the plaintiff’s registered mark.

Case Briefs High Courts

Bombay HC grants temporary injunction to HDFC Life Insurance against an unknown person who sought to extort money by threatening to leak customer data

The data can be misused for a variety of purposes including for the purpose of impersonating applicant- HDFC Life Insurance Co. Ltd., which will involve infringement of applicant’s registered trade mark and passing off.

Cases Reported Never Reported Judgments

NRJ Series | When SC commuted death sentence to transportation for life after finding High Court’s confirmation to be based on subjective feelings and not positive evidence [(1954) 2 SCC 227]

This report covers the Supreme Court’s Never Reported Judgment, on commutation of sentence, dating back to the year 1954.

Case Briefs High Courts

‘Delivering child in jail will impact both mother and child’; Bombay HC grants bail to a female prisoner who was in her advanced stage of pregnancy

Though applicant-accused can be treated at the Government Hospital for her pregnancy, however, every person, including the prisoner, is entitled to dignity which the situation demanded.

Case Briefs High Courts

Bombay HC grants temporary injunction to Metro Brands Ltd. for mark ‘MOCHI’ against mark ‘DESIMOCHI’; declares ‘MOCHI’ as a well-known mark

Every trade mark registration is separate and independent and a disclaimer in one registration cannot be read or imported into another. In comparing marks as a whole, mere addition of a generic prefix by defendant will not negate the actionable similarity between the rival marks where defendants’ mark contains whole of applicant’s mark (particularly the distinctive/leading/memorable/essential feature).

Case Briefs High Courts

Gauhati HC directs filing of affidavit regarding availability of Blood Banks and Blood Storage Units in 17 districts of State of Nagaland

The issue raised is of substantial importance particularly to those residing in rural areas and not having access to adequate and sufficient medical and health necessities by way of hospitals and other ancillary facilities offered in those hospitals.

Case Briefs High Courts

Telangana HC declares Section 10-A of Telangana (Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pat Structure) Act, 1994 as ultra vires

There exists no power under Section 101 of the Andhra Pradesh Reorganisation Act, 2014 to introduce an independent provision like Section 10-A in Telangana (Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pat Structure) Act, 1994, which runs contrary to an existing provision i.e., the Andhra Pradesh Intermediate Education Service Rules, without amending, modifying, or repealing it.

Case Briefs High Courts

‘Relationship gone wrong and sour’; Bombay HC quashes case under S.376(2)(n) IPC against advocate

If the criminal procedures are continued in the present case, it is not likely to result in conviction and will amount to abuse of process of law.

Case Briefs High Courts

‘Convicted u/Section 6 of POCSO Act instead of Section 4’; Patna HC directs release of an old man after 10 years’ imprisonment; enhances victim compensation from Rs 4 to 5 lakhs

The Trial Court did not notice the facts that the offence was committed in 2014 and at that time there was no such punishment as rigorous imprisonment for the remainder of natural life in Section 6 of POCSO Act.

Case Briefs High Courts

[POCSO Act] ‘Marriage decided with good intent’; Bombay HC grants bail to a man accused of impregnating his minor fiancé

One of the conditions imposed by the Court for granting bail is that applicant-accused shall not be in a physical relationship with the victim till they are legally married.

Case Briefs High Courts

Bombay High Court permits Shri Saibaba Sansthan Trust Shirdi to resume offering of flowers/garlands

The auctions of flowers did not take place in any of the market committees in the vicinity of Shirdi namely, Kopargaon, Rahata and Shrirampur and the market committee at Rahata could start auctioning of flowers within its premises.

Cases Reported Never Reported Judgments

NRJ Series | Hindu widow’s income derived from husband’s estate to which she succeeds, is her own and at her disposal as her stridhan [(1954) 2 SCC 852]

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

Case Briefs High Courts

Bombay HC grants temporary injunction to mark “CAMPA” in a trade mark infringement case against “JHAMPA”

Defendant’s dishonesty is evident as only after defendant received applicant’s cease-and-desist notice, it filed a trade mark application for the impugned mark “JHAMPA” on 05-09-2024, claiming use from 01-01-2024.

Case Briefs High Courts

[Maharashtra Legislative Assembly Elections] ‘Courts can interfere only to facilitate election’s progress’; Bombay HC disposes of petition filed by candidate against rejected nomination

The writ court must be careful to ensure that outside narrow scope, no intervention is made that interferes with the progress of the election.

Case Briefs High Courts

Uttaranchal HC appoints wife as her husband’s guardian who is in a comatose state

If there is any misuse of power/misappropriation of funds/non-extension of requisite care and protection or support regarding the treatment of the person lying in comatose state, it is open to bring up the matter before this Court to revoke the power.

Case Briefs High Courts

‘Making wife sleep on carpet not cruelty’; Bombay HC sets aside conviction u/s 306 IPC against husband and in-laws

To apply Section 306 ¹ of the Penal Code, 1860, it is expected of prosecution to demonstrate that there is live link/active role played by appellant in instigating the suicide.

Cases Reported Never Reported Judgments

NRJ Series | Corroboration for dying declaration cannot be provided by a person who himself cannot be relied on without corroboration [(1954) 2 SCC 208]

This report covers the Supreme Court’s Never Reported Judgment, on corroboration for dying declaration, dating back to the year 1954.

Case Briefs High Courts

Bombay HC rejects anticipatory bail application of a man who assaulted a senior citizen for allegedly carrying ox/buffalo meat

Applicant along with other people, threatened the informant, a senior citizen aged about 71 years, to throw him off the train and kill him and even hit the informant on face, eyes, and stomach.

Case Briefs High Courts

Printout of screenshots of Facebook defamatory posts not sufficient to prove that it is made from a fake account: Bombay HC

From the contents of FIR, it cannot be gathered that there is any other evidence to show that applicant has used the electronic signature, password, or any other unique identification feature of any other person.