Simranjeet, Author at SCC Times

‘Sale of counterfeits destroys market for genuine goods’; Delhi HC grants Rs. 11 lakhs as damages and costs to Aero Club for its mark ‘WOODLAND’ in trade mark infringement suit

“The infringement conducted by defendant by imitating plaintiff’s mark ‘WOODLAND’ and ‘tree device ’ has been deliberate and calculated.”

Case Briefs High Courts

‘Lost all rights on expiry of Franchise Agreement’, Delhi HC restrains former franchise holder, Sripati Bhushan Srichandan from using mark ‘BACHPAN’ in relation to play school services

“Defendants are directed to ensure that reference to the mark ‘BACHPAN’, either as a word mark or as a device mark, is removed from all physical and virtual sites on which the mark might be reflected in association with defendants.”

Cases Reported Never Reported Judgments

Never Reported Judgment | When Supreme Court held that purchase of high-value property at low price showed that only limited interest in property was sold [(1952) 2 SCC 307]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on limited/absolute interest in property.

Case Briefs High Courts

Pacific Metro Mall charging parking fee does not violate Unified Building Byelaws for Delhi, 2016 or Master Plan for Delhi-2021: Delhi High Court

“There is no provision in the Unified Building Byelaws for Delhi, 2016 which proscribe charging of fees or controls the terms on which buildings are used.”

Case Briefs High Courts

Obtaining licence to run restaurant without specifying any area as smoking zone, does not entitle owner to run restaurant as hookah centre: Telangana High Court

“Restrictions imposed by law for supply and serving of tobacco products including serving hookah cannot be said to be violative of Article 19(1)(g) of the Constitution.”

Case Briefs High Courts

‘Section 24 of Hindu Marriage Act, 1955 is gender neutral’, Delhi High Court reduces maintenance pendente lite from Rs. 30,000 to Rs. 21,000

“The spouse having reasonable capacity of earning but chooses to remain unemployed without indicating sincere efforts to gain employment, should not be permitted to saddle other party with one sided responsibility of meeting out expenses.”

Case Briefs High Courts

Delhi High Court directs Acko General Insurance to take down social media listings displaying ‘Humanity’ mural of St+Art India Foundation

“The hoarding incorporating the mural would reveal that it is clearly an advertisement and that defendant’s advertisement reproduced plaintiff’s mural titled ‘Humanity’.”

Case Briefs High Courts

No proper coordination between different Govt. departments, not a defence for not complying with Court’s orders: Delhi HC directs Finance secretary to be present for next hearing

Delhi High Court opined that, if the orders passed by this Court would not be implemented, it would lead to a situation where each department of the Government would be raising objections to the statement made by the other department.

Case Briefs High Courts

Delhi HC grants stay on Tiz Hazari Court’s order vacating ad-interim injunction restraining Home Needs from using marks ‘POLO LIFETIME’, ‘RALPH LAUREN’ and word ‘POLO’

“The trade marks POLO/RALPH LAUREN/POLO PLAYER DEVICE are liable to be recognized as ‘well-known’ marks as defined under Section 2(1)(zg) of the Trade Marks Act, 1999.”

Case Briefs High Courts

Delhi High Court directs Mohalla Tech (P) Ltd. to remove Zee’s copyrighted content from ShareChat and Moj Apps and websites

“There is no injunction on Mohalla Tech (P) Ltd. using the cover versions, remixes or user generated content.”

Case Briefs High Courts

‘In accordance with Article 16(5) of Constitution’; Andhra Pradesh High Court upholds termination of employee from service who ceased to be a Hindu

“Petitioner is conscious of the fact that he is a Christian and his marriage is with a Christian lady and the marriage is solemnized in a church as per the Christian rites and church formalities.”

Case Briefs High Courts

Delhi High Court restrains use of words ‘SHRINATH’ and ‘SHREENATH’ in relation to tour and travel services; grants injunction to Shrinath Travel Agency

“The slight difference in defendants’ spelling, i.e., SHRINATH or SHREENATH really makes no difference to the aspect of infringement, as plaintiffs holds a registration for the word mark ‘SHRINATH’ per se.”

Case Briefs High Courts

Delhi High Court issues directions in relation to guidelines for inspections by Child Safety Monitoring Committee

“The Chairperson as head of the Committee will decide which school is to be inspected on a particular day and an intimation in advance will be given to the members. If the member/s does not remain present at inspection time, the inspection shall be made in their absence by the Chairperson.”

Case Briefs High Courts

Delhi High Court directs Chief Secretary of Government of Delhi to undertake security, social audit of all Shelter Homes

“Ensure that the Shelter Homes established by Delhi Urban Shelter Improvement Board are occupied by persons who are eligible to occupy the same and not by any other persons.”

Case Briefs High Courts

Delhi High Court directs Government of Delhi to finalise proposal for establishment of specialised training academy for public prosecutors

“The newly appointed Public Prosecutors have been provided with adequate training at the Delhi Judicial Academy; and that a proposal for a specialized academy is pending consideration with the Government of Delhi.”

Cases Reported Never Reported Judgments

Never Reported Judgment | Liability for dishonestly receiving stolen property extends even to those merely acting as sales brokers: SC [(1952) 2 SCC 140]

“This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on dishonestly receiving stolen property.”

Case Briefs High Courts

Delhi High Court directs Centre, MHRD, Government of Delhi to implement policies on ‘skill learning, vocational training’ for children with special needs in letter and spirit

“The implementation of the programme/policies lies with the respective State Governments in collaboration with the Union Ministries and as such the implementation of the policies is effectively in the domain of the Government of Delhi.”

Case Briefs High Courts

Delhi High Court dismisses plea challenging appointment of Dr. Ishwarappa as Director of Morarji Desai National Institute of Yoga

“Petitioner has not provided evidence of such a nature that will compel the Court to override the presumption of regularity or question the legitimacy of Dr. Ishwarappa’s tenure as a Director of Morarji Desai National Institute of Yoga.”

Case Briefs High Courts

Delhi High Court directs MCD to conduct regular monitoring of Azad Market, Delhi to identify persons violating fire norms

“In the future if stray individual cases of unauthorized and illegal construction are found dotting Azad Market, Delhi, petitioner may approach the Special Task Force constituted by the Ministry of Housing and Urban Affairs, Government of India.”

Case Briefs High Courts

Delhi High Court upholds Delhi Electricity Regulatory Commission (Renewable Purchase Obligation and Renewable Energy Certificate Framework Implementation) Regulations, 2021

“Petitioner has not controverted this categorical assertion and never sent in any objections, comments, or suggestions in response to these draft regulations. Rather, at this stage, after finalization of the 2021 Regulations, challenge is being raised on non-existent and invalid grounds.”