Simranjeet, Author at SCC Times

‘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.

Case Briefs High Courts

‘Every nude painting is not obscene’; Bombay HC directs Custom Officials to release confiscated artworks of FN Souza and Akbar Padamsee

When the Assistant Commissioner of Customs purports to exercise public powers as a Customs official, his personal opinions or preferences must necessarily take a back seat and he cannot allow his personal opinions, however strong, to cloud his judgment.

Case Briefs High Courts

Bombay HC declares arrest illegal as grounds of arrest were communicated to accused’s wife but not to the accused

From the arrest panchnama it is evident that the information is given to his wife on the cell number provided by petitioner-accused and apart from that there are no grounds of arrest mentioned in the arrest surrender form.

Case Briefs High Courts

Bombay HC grants interim injunction in favour of Sketchers in trade mark infringement case against Wardrode

The adoption of plaintiffs’ trade marks and plaintiffs’ artistic works in relation to the impugned goods by defendants is dishonest.

Case Briefs High Courts

Bombay HC quashes FIR against Go Air’s former MD/CEO allegedly involved in sending confidential information in emails

Petitioner’s emails are related to preparation for briefings and presentations and have information about Engines and meetings with the Airbus. Further, emails that are forwarded to his attorney in Austria after resignation, seek legal advice on the issue, relating to his exit from the company and has no concern with the Company’s information.

Case Briefs High Courts

Bombay HC directs State to constitute committee to prevent misuse of public funds for advertising

Article 144 of the Constitution provides that all authorities, civil and judicial, in the territory of India shall act in the aid of the Supreme Court.

Case Briefs High Courts

If dispute is arbitrable and arbitration clause exists, Courts ought to refer dispute to arbitration under S. 8 of A&C Act, 1996: Gauhati HC

In the present case, Clause 12 of the partnership deed indicated that the Partnership Act, 1932 and its Rules shall cover only those aspects not specifically mentioned in the deed.

Case Briefs High Courts

Bombay High Court declares ‘Girnar’ as a well-known trade mark in relation to tea

The trade mark/label mark ‘Girnar’ surpasses the scope of merely encompassing products/services sold or rendered under the said trade mark and the recognition, reputation, and goodwill of plaintiff-Girnar Food & Beverages Pvt. Ltd. in its trade mark extended beyond any specific class of goods or services.

Case Briefs High Courts

[Pune Porche Accident Case] Bombay HC denies anticipatory bail to co-accused minor’s father, who changed blood samples

The document, that is, the blood sample clearly answers the definition of “valuable security” under Section 30 ¹ of the Penal Code, 1860, as it certainly, created a right in the minor son of the applicant of portraying innocence.

Case Briefs High Courts

Multiple marriage registrations by a Muslim male allowed under Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998: Bombay High Court

Section 7(1)(a) of the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998 contemplates that the Registrar must ensure that the marriage between parties is performed in accordance with the personal law of the parties and under the personal laws for Muslims, they are entitled to have four wives at a time.