Simranjeet, Author at SCC Times

Haj Pilgrimage and related ceremonies fall within the ambit of religious practice and are protected under Article 25: Delhi High Court

Religious freedoms are one of the most cherished rights guaranteed and enshrined under the Constitution in line with the vision of the founding fathers of the Modern Indian Republic and the religious freedom of the person was guaranteed by the Constitution of India under Article 25.

Case Briefs High Courts

Delhi High Court upholds 2011 amendment to Section 35(10)(cc) of Delhi Co-operative Societies Act

Amendment(s) made to an existing Statute cannot be modified, looked into, or set aside simply because the same is not viable or suitable to a party.

Case Briefs High Courts

Delhi High Court grants permanent injunction to New Balance Athletics for ‘NEW BALANCE’ mark and ‘NB’ device mark

The use of ‘NEW BALANCE IMMIGRATION’ as a part of its trade name by New Balance Immigration (P) Ltd. (defendant) is likely to deceive unwary consumers of their association with New Balance Athletics Inc (plaintiff).

Case Briefs High Courts

Delhi High Court directs Patent office to update Manual for Practice and Procedure for dealing intricate matters in a better way

Since the number of filings in India are rapidly increasing thus there is an imminent need to update the Manual of Patent Office Practice and Procedure so that the Examiners and Controllers can get better guidance on dealing intricate matters like objections of lack of clarity and succinctness.

Case Briefs High Courts

Right to be Forgotten| Delhi High Court directs Indian Kanoon to mask the name of the man acquitted in rape case

As the judgment is openly available on the Indian Kanoon and is also accessible through any web search on Google Search, the Court directed that the name of the petitioner must be masked on the Indian Kanoon portal.

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‘Neighbourhood Criteria’ not to be followed strictly by schools for admissions under EWS or DG category: Delhi High Court

In cases of admission under the Economically Weaker Section category or Disadvantaged Group category, the schools must not insist upon following the neighbourhood criteria strictly. The Directorate of Education is directed to make endeavour, as far as possible, to allot schools which are nearest to the residence of the students.

Case Briefs High Courts

Neither appropriate nor feasible for Courts to draw conclusions at the stage of bail: Delhi High Court

At this stage of bail, it can hardly be said with any conviction that the promise of marriage made by the petitioner to the prosecutrix is ex-facie false; and that it has been made in bad faith, with no intention of being adhered to when it was given.

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‘Lawyers are essential and powerful pillars of judicial process’; Delhi High Court rejects plea of a woman accused of assaulting a lawyer

The lawyers are bound by their commitment to the duties cast on them by Part VI (Rules Governing Advocates), Chapter II (Standards of Professional Conduct and Etiquette) of Bar Council of India Rules which define their duties towards the Court, Client, Opponent and Colleagues.

Case Briefs High Courts

Delhi High Court restrains 101 rogue websites from streaming “Spider-Man: Across the Spider-Verse”

Department of Telecommunications and Ministry of Electronics and Information Technology are directed to issue a notification calling on all internet and telecom service providers to block access to the rogue websites which were streaming “Spider-Man: Across the Spider-Verse”.

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Delhi High Court denies wife’s plea of DNA testing of husband and father-in-law to prove identity of children

There is no pending matrimonial dispute between husband and wife that necessitates granting the prayer for DNA testing. Moreover, when the petitioner’s husband is not challenging the identity of wife and children, such a prayer is unwarranted.

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Delhi High Court restrains Bodhisatva Charitable Trust from using the mark ‘MAYO’; grants injunction to Mayo Clinic, USA

The founder of the defendant institutions was not only aware of ‘Mayo Clinic’ in the USA but drew inspiration from the founder of ‘Mayo Clinic’, USA. Thus, the defendants have dishonestly adopted the ‘MAYO’ mark of the plaintiff as they are fully aware of the prior existence and use of the same by the plaintiff.

Case Briefs High Courts

Video disparaging GLUCON-D to be taken down from Instagram and Twitter; Delhi High Court orders

Instagram and Twitter were ordered to take down a video disparaging the product ‘GLUCON-D’, which was posted and circulated on their platforms.

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Third Party Funders to be fully aware of their exposure and cannot be mulcted with liability which they have not undertaken or are aware of: Delhi High Court

Permitting enforcement of an arbitral award against a non-party which had not accepted any such risk, was neither desirable nor permissible”

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Delhi High Court sentences two PWD officials for contempt of court for breaching and wilfully disobeying directions on tree protection

Two PWD officials were sentenced under Section 12 of the Contempt of Courts Act, 1971, to undergo simple imprisonment for four months and two months respectively, along with fine of Rs. 2000 each as they wilfully disobeyed the directions and orders passed by the Delhi High Court and of the NGT, in relation to protection of trees.

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Banks, Financial Institutions using recovery agents to forcibly seize vehicles over non-payment of loan is illegal: Patna High Court

The right to recovery of the Banks and Financial Institutions if pitted against the constitutional right of life of a person to live with dignity and not to be deprived of without following the established procedure of law, the constitutional rights of the person shall prevail.

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Admonishing wife for having illicit intimacy will not amount to abetting wife to commit suicide: Telangana High Court

A wife having illicit intimacy with another person will adversely affect the husband and family, both personally and in society. The husband cannot sit quite if the wife is having illicit intimacy with another person.

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Delhi High Court denies injunction under S. 9 of A&C Act as it will delay the strengthening and overlaying of NH-48 initiated by NHAI

Sections 20-A and 41(ha) of the Specific Relief Act, 1963 expresses the legislative intent to not grant injunctions relating to infrastructure projects where delay may be caused by such an injunction. Thus, the role of Courts in this exercise is to interfere to the minimum extent so that public work projects are not impeded or stalled.

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Delhi High Court directs Trade Mark Registry to conduct phonetic search of a mark even at the preliminary stage

When an application is submitted for registration of a mark which involves a word, then, even at the preliminary stage, a word mark search as well as a phonetic search shall be conducted, so that the possible marks which are phonetically similar to the mark applied for, are thrown up as suggested result.

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Employees who submit forged and fabricated documents are unfit for employment: Delhi High Court

Employees guilty of submitting forged documents to their employer must be dealt with strictly and no sympathy or compassion can be shown to such an employee.

Case Briefs High Courts

Words ‘Abu Dhabi Global Market’ used in a device mark are distinctive in nature: Delhi High Court

So long as others do not use the mark, or any similar mark, the Delhi High Court opined that a finding of non-distinctiveness can ordinarily not be returned as, howsoever innocuous a mark may appear to be, if it is used only by one person, it would, in plain etymological terms, be distinctive.