~By Kunal Rao
There were some interesting judgments in 2017 that need to be recorded for posterity. They range from legal opinion on playing a small-stakes rummy game at home to intellectual property rights and from husband’s liability towards maintenance to whether the farmer who died in Delhi during an agitation was a martyr.
Here are some of the more important ones.
Playing rummy with small stakes does not amount to gambling
(November 30, 2017)
The court held that merely playing Rummy with Small Stakes Not Amount to Gambling. The order was passed in a petition filed by Suresh Kumar who had challenged the trial court’s order wherein he had been directed to pay Rs 3 lakhs as damages to the Central Secretariat Club for filling a false police complaint against the club that it illegally allows gambling within its premises.
A mere nomination will not entitle the nominee as owner of a property
(April 24, 2017)
The court held that in the absence of a will, a mere nomination cannot make the nominee the owner of the property. Succession can only be granted to the legal heirs of a person who dies intestate.
- The Representation of People Act 1951
No remedy is available in between elections if nomination paper of candidate is rejected.
(April 21, 2017)
Dismissing an appeal filed by a candidate who was aggrieved by the order of the Election Commission over rejection of nomination paper, te court upheld that only one remedy is available when the nomination paper of the candidate is rejected and that too is only available by way of filling Election Petition once the elections were over.
- Intellectual Property Law
Court awarded damages for infringement of famous trademark
(December 12, 2017)
The court awarded damages to two Delhi based dealers of lady’s footwear for using the famous brand name ‘Red Sole’ which is signature design of French Fashion Designer ‘Christian Louboutin’ for selling their footwear.
- Negotiable Instrument Act
Criminal case under S 138 of NI Act can be referred to mediation
(October 1, 2017)
The court passed a comprehensive landmark judgment according to which it made it possible to refer a criminal case under section 138 of the NI Act to mediation for amicable solution. It also laid down the procedure to be followed up and legal implications for any breach.
Husband cannot turn away from paying maintenance, even if wife earns sufficiently well
(November 10, 2017)
The court has upheld the order passed by a single Judge on interim maintenance to wife in an application filed under section 12 of the Protection of Women from Domestic Violence Act 2005. The petition had said that the husband complained that since his wife earns sufficiently well and is capable of maintaining herself and child, his liability for maintenance is not there. The court rejected that and held that the husband has an obligation to maintain his wife and child. He merely cannot run away on grounds that his wife earns sufficiently well.
- Take steps and Delhi shall be fully sensitized
(December 5, 2017)
The bench of Acting Chief Justice Gita Mittal directed that the commissioner EDMC shall produce action plan for an effective sensitization programme to educate children on menstruation cycles. The court has called the Govt. of NCT of Delhi for providing funds for the programme within four weeks before the next date of hearing which is January 23, 2018. The court passed these directions while hearing the petition filled over increasing number of girl drop outs from school due to insufficient sensitization in schools.
- Prevention from vector borne diseases like dengue and chikungunya
(December 5, 2017)
Due to the strict guidelines of the court city saw less incidents of dengue and chikungunya this year that the last. The court also ordered the authorities to draft solid waste management bye-laws and that everyone should abide by them. It is informed to the court the approval from the LG is waiting. Without approval from LG the solid waste management byelaws cannot be come into effect. The bench seeks a reply before the next date of hearing, which is January 16, 2018.
- Who is ‘martyr’? asks the court
(December 12 , 2017)
The court dismissed the petition challenging the order of the Delhi government, declaring a farmer who allegedly committed suicide in an AAP rally on the issue of One Rank One Pension as a martyr. The petitioner also complained that the government of NCT of Delhi had announced that an amount of Rs 1 crore be given to his family. The counsel for the government informed the bench that decision of government had not been approved by the Lieutenant Governor of Delhi. Due to the fact that the government had not implemented its decision the court is not required to comment upon the matter, hence the petition was dismissed. However, the bench found it noteworthy to make the comment and also noted that it was necessary to lay out regulations as to the manner in which the public funds should be dispensed.