Simranjeet, Author at SCC Times

‘Husband’s inability to cohabit is a condition known to him and does not travel beyond home’; Bombay HC quashes FIR against husband’s relatives

The Court stated that Applicants 5 to 8, being maternal uncles and their wives, are only instrumental in introducing Applicant 1’a marriage proposal to the complainant and it cannot be said that they knew about his condition.

Case Briefs High Courts

‘No law prevents them to lead a life of their own choice’; Bombay HC permits live in relationship of two adults belonging to different religions

The girl’s freedom was secured by directing her release from the custody of Shaskriya Stree Bhishekari Khikar Kendra but the relief of providing police protection was declined by the Court.

Case Briefs High Courts

Gauhati HC asks DGP Assam to issue directions to police stations to not register cases under S.106(2) BNS 2023 as provision has not come into force yet

If the police is registering cases under Section 106(2) of the Nyaya Sanhita, 2023, then the individual concerned is free to avail appropriate remedy available by approaching the competent court.

Case Briefs High Courts

Bombay HC refuses to quash FIR against two people who allegedly slapped a Member of Parliament belonging to Scheduled Caste

There is sufficient material collected during investigation to indicate that the incident did take place and that slapping ‘G’ is an offence under Section 3(2)(v-a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Cases Reported Never Reported Judgments

NRJ Series | When SC held that in absence of proof, deceased mutawalli’s estate cannot be held responsible for sums misappropriated by him

This report covers the Supreme Court’s Never Reported Judgment, on misappropriation of funds by mutawalli, dating back to the year 1954.

Case Briefs High Courts

Gauhati High Court permits minor victim of Gang Rape to terminate 26-week pregnancy

Comparing the present situation with the risk that the victim may undergo at the time of delivery at full term of pregnancy, the risk factor appears to be same at the present stage as well as the risk that would be involved at the time of delivery at full term of pregnancy.

Case Briefs High Courts

Bombay HC imposes Rs 25000 cost on Educational Institution clerk who attempted to hoodwink the Court by correcting his date of birth

The Sub-Divisional Officer, Miraj passed an order thereby correcting petitioner’s date of birth and therefore, the District Collector, Sangli was directed to issue notice to the Sub-Divisional Officer, Tasgaon, asking for an explanation, as to how he could record the date of birth as 02-06-1972.

Case Briefs High Courts

Gauhati HC directs Chief Executive Officer, Haj Committee to dispose of representations on excess amount collected from pilgrims within 90 days

Though the air fare of the chartered flight from Guwahati to Jeddah was collected from the pilgrims, however, during the boarding at Guwahati, pilgrims of Assam were asked to take normal passenger flight instead of international chartered flight.

Case Briefs High Courts

Bombay HC quashes circular that directs removal of phrases “Bhrashtachar”, “Human Rights” from the title of Organisation/Trust

Section 22(1) of the Maharashtra Public Trusts Act, 1950 provides for change when same is desired in the interest of the administration of public trust, therefore, changing name at the behest of and on the directions of Charity Commissioner will not fall within the provisions of Section 22(1) of the said Act.

Case Briefs High Courts

‘Statements in charge-sheet, too far-fetched and fall short of any instigation/incitement’; Bombay HC sets aside abetment to suicide case against a Judicial Officer

To attract the offence under Section 306¹ of the Penal Code, 1860, clear mens rea to commit the offence must be established on applicant-accused’s part, as it requires active/direct act, leading the deceased to commit suicide.

Case Briefs High Courts

‘Police personnel strangulating pregnant wife not exceptionally brutal/violent’; Bombay HC holds husband eligible for remission

No separate category is carved out as an exception to the normal Rules of remission provided under Section 432 ¹ of the Criminal Procedure Code, 1973 for a Police personnel committing heinous crime of murdering his pregnant wife.

Case Briefs High Courts

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.