Anushka, Author at SCC Times

SEBI replaces requirement of ‘notary attestation’ with ‘self-attestation’ in various Regulations

SEBI notified the 2024 Amendment Regulations to amend provisions related to attestation of documents in 9 Regulations.

‘Once decision is made, compensation cannot be arbitrarily reduced below minimum threshold’; Delhi HC directs acid attack victim to be awarded 3 lakhs as compensation

The Court inferred that the minimum compensation amount that was set out for the victim was contradictory to the intended purpose of providing adequate rehabilitation and care to acid attack victims.

Legislation Updates Notifications

RBI re-defines ‘Startup’ vide Foreign Exchange Management (Foreign Currency Accounts by a Person Resident in India) (Fourth Amendment) Regulations, 2024

The 2024 Regulations have amended the meaning of startup in the explanations to Regulation 5 and Schedule I para 1 (vii) of the 2015 Regulations.

Case Briefs High Courts

Delhi HC issues notice to BJP member Amit Malviya after he initiated criminal defamation against RSS member

The RSS member relied on exception 10 to Section 356 of the Bharatiya Nyaya Sanhita, 2023 which elaborates that conveying a caution in good faith is not defamation.

Case Briefs High Courts

Delhi HC dismisses Revision Petition to challenge Order by ADJ holding suit for specific performance of oral agreement to sell maintainable

‘It is no longer res integra that to determine an application under Order VII Rule 11 of Civil Procedure Code, it is only averments made in the plaint that can be considered.’

Legislation Updates Rules & Regulations

CCI imposes a penalty of Rs. 213.14 crore on Meta for abusing its dominant position vide order dated 18-11-2024

The penalty by CCI was imposed in relation to WhatsApp’s 2021 Privacy Policy, which collected an expanded scope of data along with mandatory data.

Actions under Stage IV of GRAP (Severe+ Air Quality) in Delhi

Legislation Updates Notifications

GRAP Stage IV Actions to tackle ‘Severe+’ Air Quality Crisis as Delhi-NCR gasps for clean air

After the AQI of Delhi clocked at 457 on 17-11-2024, the Sub-Committee decided to implement all actions under Stage IV of the GRAP from 18-11-2024.

Case Briefs High Courts

Delhi High Court directs Trial Court to return passport of accused under COFEPOSA and Customs Act by modifying bail condition

The Trial Court was directed to return the passport surrendered by the accused within 2 weeks of submission of application for the same.

Case Briefs High Courts

Delhi High Court grants ex-parte ad interim injunction to Skechers South Asia Pvt. Ltd. for protection of 32-year-old Trade Mark

The infringers were restrained from using Skechers’ trade mark and artistic works or any other trade mark or artistic work identical or similar to Skechers, till the next date of hearing.

Legal RoundUp Topic-wise Roundup

Criminal Law Roundup | A quick recap of top criminal law cases from October 2024

Read about the significant criminal law matters heard and decided by the Supreme Court and High Courts in October 2024

Case Briefs High Courts

‘Adverse remarks against government servants have deleterious impact on their careers’; Delhi HC obliterates adverse observations against ED in Trial Court’s order

‘The law is clear that custody of an accused can be sought even after filing of a chargesheet or complaint.’

Case Briefs High Courts

‘Animals are paying a penalty for negligent behaviour of humans’; Delhi HC directs Municipal Authorities and Forest Department to shift monkeys from Delhi

‘If Delhi wants to be a world class city — we all must behave like world class citizens and the civic agencies must become more proactive in setting world class ethics.’

Case Briefs High Courts

‘Faceless framework was established to reduce direct human interaction in assessments’; Delhi High Court dismisses petition to quash reassessment notices for being issued by JAO

‘The Legislature recognized that while strict procedural compliance is fundamental to maintain fairness in assessment process, an inflexible adherence to procedure could inadvertently lead to administrative bottlenecks and a surge in litigation.’

Case Briefs High Courts

‘Nominated Authority let its claim get extinguished without protest’; Delhi High Court refuses to interfere with judgment in favour of OCL Iron and Steel Ltd.

‘As per the ‘clean slate’ principle — to get a fresh breath, the successful Resolution Applicant is permitted to proceed in resurrecting the ‘on-going concern’ and no surprise claims are flung upon it, lest the effort of revitalizing and restarting the Corporate Debtor are wasted.’

Case Briefs High Courts

Disability suffered by Army personnel could be attributed to service conditions; Delhi HC refuses to interfere with AFT order

‘The Medical Board Proceedings acknowledged that the posting of the army personnel involved severe/exceptional stress and strain’

Case Briefs High Courts

Delhi High Court impleads non-signatories as ‘veritable parties’ in arbitration proceedings for having substantial involvement in fulfilling terms of MoS

‘If the non-signatory’s actions align with the signatories, it could reasonably lead the signatories to believe that the non-signatory was a veritable party to the contract containing the arbitration clause.’

Case Briefs High Courts

Delhi HC directs Union to grant retrospective seniority to CRPF Inspector who regained SHAPE-I Medical Category after being temporarily unfit

‘The Standing Order issued by the Director General, CRPF makes it evident that medical category SHAPE-I is an essential condition for promotion of all combatised personnel in all groups, ranks, and cadres in the Central Armed Police Forces.’

Case Briefs High Courts

‘Office Memorandum cannot supersede Recruitment Rules’; Delhi HC upholds CAT’s ruling that the Additional CIT (NFSG) post is a promotional position

‘It was undisputed that the respondents would be entitled to the benefit of Note 1 below Rule 7(4) of Schedule II to the Indian Revenue Service Rules, 2015.’

Case Briefs High Courts

Calcutta HC grants bail to accused under NDPS Act due to failure in filing FLS Report within 180 days

‘In an NDPS case, if charge sheet is filed within 180 days from the date of arrest of the accused, no right of statutory bail accrues.’

Case Briefs High Courts

Delhi Police Special Branch Manual falls squarely within the exemptions provided under S. 8(1)(a) of Right to Information Act: Delhi High Court

‘The information concerning law enforcement operations, especially those involving national security considerations, falls under purview of Section 8(1)(a).’