Simranjeet, Author at SCC Times

Never Reported Judgment | Rules of Stock Exchange are mere rules for regulation of business and do not affect general law of contract [(1952) 1 SCC 481]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on reciprocal promises in share transactions under the Contract Act, 1872.

Case Briefs High Courts

Accrual of cause of action at a place for pursuing substantive legal action, not a consideration for determining territorial jurisdiction u/s 11 of A&C Act, 1996: Delhi High Court

“As per Clause 31.16 of Letter of Intent between parties, place of arbitration was Faridabad (Haryana), which will be chosen as the seat, since seat has not been separately named and there are no other contrary indicia to show that place of arbitration is not intended to be seat of arbitration.”

Case Briefs High Courts

[Akasa Air] No absolute restraint; DGCA at liberty to act against pilots violating contract and Civil Aviation Requirement, 2017: Delhi High Court

“If during the pendency of this petition, in case a pilot acts in breach of the minimum contractual notice period as specified under his/her employment agreement, then such an action will be at pilot’s own risk and will remain subject to the outcome of the present petition.”

Case Briefs High Courts

University’s Ordinance for self-regulation cannot override student’s right to education and dignity; Delhi HC directs University to consider students’ application for Migration

“It is incumbent upon educational institutions to make the necessary allowances to ensure that students, who are disadvantaged due to medical reasons, are also provided quality education.”

Case Briefs High Courts

No copyright can be claimed in scriptures; their adaptations are entitled to copyright protection: Delhi High Court

“There can be no copyright claimed in the Scriptures. However, any adaptations of the said work including providing explanation, summary, meaning, exegesis/interpretation or creating any audio-visual works being transformative works, will be entitled to copyright protection.”

Case Briefs High Courts

Telangana High Court directs State Government to ensure no PoP Idols are immersed in either Hussain Sagar Lake or any water bodies in Hyderabad

“Immersion of the Idols made of Plaster of Paris must only take place in baby ponds created by Greater Hyderabad Municipal Corporation.”

Case Briefs High Courts

Delhi High Court grants injunction to Viacom18 for exclusively streaming/transmitting events conducted by BCCI

“It may be useful for the Legislature to formulate a policy by which disputes related to rogue websites can be avoided, which are taking up time of the courts.”

Case Briefs High Courts

‘Violative of trade mark rights in mark DLF’; Delhi HC directs Gurugram Land and Finance (P) Ltd. to cease putting up of billboards/promotional activities under the mark ‘GLF’

“Insofar as the use of the name/mark ‘GLAF’ or any other alternate name/mark is concerned, the parties are referred to mediation, so that they can agree upon an alternate name that Gurugram Land and Finance (P) Ltd. can use.”

Case Briefs High Courts

[Delhi Quota] Delhi HC directs Government of Delhi to revisit existing rules on domicile/permanent residency status in admissions to educational institutions

“The admission rules set forth by DU and GGSIPU, prejudice students who are otherwise deeply rooted within Delhi but are penalized for circumstances beyond their control which prevented them from completing their schooling in Delhi, such as their parents’ employment. To this end, there might be room for legislative refinement.”

Case Briefs High Courts

‘Photographs are identical/imitative’; Delhi High Court issues notice to ‘People of India’ portal in a copyright infringement suit by ‘Humans of Bombay’

“The portal, People of India is approaching the very same subjects who are shown on the website, Humans of Bombay, in order to create an imitative platform.”

Case Briefs High Courts

Delhi High Court grants permanent injunction to Pernod Ricard India for its packaging/label/get-up under the mark ‘Imperial Blue’

“The defendants are allowed to use the mark ‘Imperial Vat No.1’ as their trade mark for any fresh manufacture, along with the proposed packaging/label/get up and with the emblem/coat of arms, without the mark/name ‘Green Valley’.”

Case Briefs High Courts

Uttaranchal High Court takes suo motu cognizance of Virat Kohli’s video addressing issue of deprivation of rights of children to play outdoor sports in their localities

“The result of children being denied the right to play outdoor sports in their own localities and colonies is that they get reduced to display screen addicts. They spend time watching television; computer screens; tablets, and mobile phones. They do not actually play sporting games which involve physical activity but become good at playing virtual sports.”

Case Briefs High Courts

Delhi High Court restrains fraudulent websites from using ‘Burger King’ mark under the garb of issuing franchise

“The Court recognises the need to take stringent action as the application reveals that there is misuse of the domain names and the two logos – Crescent Logo Design and Hamburger Refresh Design Logo.”

Case Briefs High Courts

[Delhi-Meerut RRTS Project] Delhi High Court dismisses resident’s plea against construction of Delhi-Meerut Regional Rapid Transport System through Siddhartha Extension

“In the act of balancing individual property rights and overarching public interest, the latter must take precedence. The scale tips in favour of a solution that serves the larger community and ensures the most efficient use of public resources.”

Case Briefs High Courts

Family Court cannot grant divorce on the ground of irretrievable breakdown of marriage: Delhi High Court

“Family Courts must restrict their considerations to the parameters of the provision of grant of divorce strictly in accordance with the Hindu Marriage Act, 1955 (‘Act’). Irretrievable breakdown of marriage is not a ground in the Act.”

Case Briefs High Courts

Right to choose life partner cannot be affected by matters of faith, belief, and religion: Delhi High Court

“Article 21 of the Constitution gives Protection of Life and Personal Liberty to all persons whereby it is the inherent right of every individual to exercise personal choices, especially in matter relating to marriage.”

Case Briefs High Courts

‘Post of Public Prosecutor is an integral part of criminal court system’; Delhi High Court directs Government of Delhi to conduct training of newly recruited public prosecutors

“Given the distinct role played by the Public Prosecutors, it becomes imperative that the appointees are adequately equipped to shoulder the weighty responsibilities the post carries.”

Case Briefs High Courts

Any unit undergoing relocation, expansion, change of ownership, will not be eligible under Budgetary Support Scheme: Sikkim High Court

“Budgetary Support Scheme is limited to the tax which accrued to the Central Government under the Central Goods and Services Tax Act, 2017 and the Integrated Goods and Services Act 2017, after devolution of the Central Tax or the Integrated Tax to the States.”

Case Briefs High Courts

‘Not violative of Articles 19(1)(g), 300-A of Constitution’; Patna High Court upholds constitutionality of Section 16(4) of CGST Act, 2017 and BGST Act, 2017

“Fiscal legislation having uniform application to all registered persons, cannot be said to be violative of Article 19(1)(g) of the Constitution and the question of such statutory provision being violative of Article 302 of the Constitution and in teeth of Article 13 of the Constitution of India does not arise at all.”

Case Briefs High Courts

‘Supervisory or regulatory authority over trade mark agents and patent agents appears to be the need of the hour’; Delhi High Court observes

“There are repeated cases wherein litigants have raised allegations against Trade Marks Agents and Patent Agents and apart from reprimand from courts, there are no other consequences that visit them.”