Editor_4, Author at SCC Times

Or. 14 R. 2 of CPC does not confer jurisdiction on the Court to decide a mixed question of fact and law, unless the facts are clear from the plaint itself: Sikkim HC

The Court decided under the aegis of Or.14, R.2 of the CPC that where a question of law is dependent on the determination of a question of fact, then such question of fact cannot be decided as a preliminary issue by the Trial Court.

Hot Off The Press News

BCI bans illegal solicitation of legal services by lawyers on online portals after Madras HC decision

“The Madras High Cour had remarked that the process of delivery of Justice is strongly based on the Constitution, and lawyers being the upholders of law cannot treat the profession as a business.”

Case Briefs High Courts

Delhi HC grants bail to 21-year-old alleged Manjit Mahal Gang member, after 8 years of custody for doctor’s murder

“The Court said that even though the petitioner’s conduct in jail was ‘unsatisfactory’, he had already been punished for the offences committed in the prison and had already atoned for them.”

Case Briefs High Courts

Bombay HC grants anticipatory bail to accused booked under POCSO for allegedly making a child record sexual acts between him and the child’s mother

The Court was shocked to learn such allegations against the mother of the child and deemed appropriate to direct the High Court Legal Services Authority to appoint an advocate from their panel to represent the victim.

Case Briefs High Courts

What does the term ‘competence’ under Section 24 of CPC refer to? Kerala HC explains

Under Section 24 (1) of the Code, the High Court or District Court may at any stage withdraw any suit, appeal or other proceeding pending in any court subordinate to it; and transfer the same for trial or disposal to any court subordinate to it and competent to try or dispose of the same.

Case Briefs High Courts

Delhi High Court directs removal of social media posts alleging dead centipede in ‘Amul’ vanilla ice-cream tub

The Delhi High Court said that the non-appearance of the defendants evidenced their unwillingness to participate in the forensic examination and verification of their claims of the dead insect made in the social media posts.

High Court Round Up Legal RoundUp

HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Lakshmi Puri’s defamation; Agniveer recruitment; Cancer patient’s termination of pregnancy; and more

A quick legal roundup to cover important stories from all High Courts this week.

Case Briefs High Courts

‘Order u/S 482 CrPC can be passed to prevent abuse of process’: Delhi HC imposes Rs. 50,000 cost on complainant pursuing case even after acceptance of settlement money

“The conduct of the litigants to keep the dispute alive for mala fide reasons has the tendency of keeping the docket of the Courts heavy to the detriment of other litigants whose cases have been pending for years together.”

Legislation Updates Notifications

RBI imposes penalty of Rs. 1.31 Crore on Punjab National Bank for non-compliance of directions on ‘Loans and Advances’ and ‘KYC’

The Reserve Bank of India imposed monetary penalty on Punjab National Bank due to deficiencies in regulatory compliance.

Case Briefs High Courts

Delhi High Court directs Emami Ltd. to deposit Rs. 10 Lakhs for infringing Saregama India’s copyright on song ‘Udi Jab Jab Zulfein’

The rights of the impugned song ‘Udi Jab Jab Zulfein’ from the film ‘Naya Daur’ had been assigned to Saregama India Ltd. by BR Films, the original producer of the film.

Case Briefs High Courts

[Paris Olympic, 2024] Delhi HC upholds alleged arbitrary selection criteria for Dressage issued by Equestrian Federation of India

The petition was filed by Shruti Vora, a distinguished Indian Dressage athlete with a commendable record at international competitions including the Asian Games and Dressage World Championships challenging the Selection Criteria Notice 2024 issued by the Equestrian Federation of India

Case Briefs High Courts

Kerala High Court allows transwoman to live apart from hostile family members who forced her to undergo treatment for changing gender identity

After interacting with the parties, the Court found that X, the transwoman has made a firm decision to live separately from her parents due to familial violence consequent to her self-determination as a transwoman’

Intellectual Property cases Roundup June 2024

Legal RoundUp Topic-wise Roundup

Intellectual Property Rights | A quick view of top Intellectual Property cases in June 2024

A quick recap of Intellectual Property cases passed by the High Courts in the month of June 2024 along with some top stories on Domino’s, Infosys Trademark Infringement, Patent for Portable Vehicle Management System and much more.

Elon Musk Tesla Inc trade mark infringement

Case Briefs High Courts

[Tesla v. Tesla] Delhi High Court refers trade mark dispute between Tesla Inc and Tesla Power India to mediation

With consent of both the parties, the matter is referred to the Senior Mediator of Delhi High Court Mediation and Conciliation Centre.

Case Briefs High Courts

Delhi High Court directs formation of Code of Conduct to regulate Patent and Trade Mark agents; sets aside abandonment order of patent application

Apart from the formation of Code of Conduct for Patent and Trade Mark agents, the Delhi High Court also found a requirement to put in guidelines for solicitation and advertising.

Case Briefs High Courts

‘Quashing of cases involving sexual violence based on monetary payments would imply that justice is for sale’; Delhi High Court refuses to quash FIR filed for sexual violence

The Delhi High Court opined that true justice, and the ends of justice would not be served by quashing the FIR without a trial, but by conducting a trial to fairly ascertain the real culprit, whether it be the accused or the complainant.

Case Briefs High Courts

‘Registration does not confer immunity from challenges’; Delhi High Court grants interim injunction to prevent usage of trade mark ‘HUALI’

The Delhi High Court said that while trade mark registration offers statutory benefits, it does not obliterate prior common law rights established through actual use and accrued goodwill in the market.

Legal RoundUp Topic-wise Roundup

Arbitration Roundup June 2024; Update yourself with all the latest Arbitration law updates in June 2024

“A quick recap of the latest rulings by the Supreme Court and High Courts- From the mandate of the arbitrator to the challenge of award passed by arbitrator”

Case Briefs High Courts

Bombay HC permits cancer patient to medically terminate pregnancy at 24 weeks for receiving chemotherapy treatment

The Court took note of the petitioner’s statement of miserable suffering and unbearable pain, and that palliative treatment might help her live longer and comfortably. The Court also stated that the petitioner had right to reproductive freedom and autonomy over her body.

Case Briefs High Courts

Will penal provisions under Kerala Protection of Riverbanks and Regulation of Removal of Sand Act apply to river sand found on stationary vehicle? Kerala HC answers

Section 23 of the Kerala Protection of Riverbanks and Regulation of Removal of Sand Act, 2001 states that whoever transports sand, without complying with the provisions of the Act shall be punished, and the vehicle used for the transportation be liable to be seized by the Police or Revenue Officials.