Arushi, Author at SCC Times

‘Details of manual strangulation reflects how victim suffered traumatic end of her life’; Delhi HC dismisses bail application of husband in dowry death case

“To trivialize a case of murder on the ground that the accused and the victim, being husband and wife, had an altercation and therefore, the husband being drunk at the spur of the moment, had killed her, is not only unacceptable but also shocking.”

Case Briefs High Courts

Considering hospitalisation as pre-requisite to invoke S. 498-A IPC erodes purpose of provision; such narrow interpretation will render provision ineffective: Delhi HC

The husband’s contention that the present case is not a case where the wife is hospitalised due to cruelty or harassment committed upon her, is not only unmerited but also cross the threshold of having a mentality that in a serious Section 498-A IPC cases, the woman should have injuries and medical treatment record of a hospital.

Case Briefs High Courts

Baggage Rules required to be re-looked to ensure no harassment of genuine tourists/travellers carrying gold jewellery: Delhi High Court

Bona fide tourists/travellers, travelling for social engagements in India with gold, which could be of a much higher value than the permissible limits, cannot to be expected to file detailed declarations, as this can make the entire process of entering India and exiting from airports extremely unfriendly or onerous.

Case Briefs High Courts

‘Right to speedy trial is not a ‘free-pass’ for every undertrial to be released on bail’; DHC dismisses bail petition of Neeraj Bawania in double murder case

“The record shows that the petitioner (‘accused’) has committed heinous offences while he was on bail in other cases; and he has been convicted in the offences committed while on bail. When there is a long list of serious criminal involvements, the apprehension that the accused suffers from recidivism cannot be dismissed as imaginary.”

Case Briefs High Courts

‘Again, found negligent of the same offence’; Delhi HC upholds punishment of an employee for being repeatedly ‘lethargic and irresponsible on duty’

The Court stated that though it may be true that the petitioner cannot be present at the same time on the entire stretch of 3 kms, but, the criminals having carried out activities at 12 places without being noticed by the petitioner, clearly shows that he is not diligent in the performance of his duty and it is a case of gross dereliction thereof.

Case Briefs High Courts

Living together in a shared household through a relationship in ‘nature of marriage’ is also domestic relationship under DV Act: Delhi HC

In the present case, the allegation against the respondent (‘man’) was of domestic violence, while he lived in a shared household with the petitioner (‘woman’) for almost seven years in a domestic relationship, if not as a married couple but at least as a couple in the nature of marriage.

Case Briefs High Courts

‘Not a case of passive support to terrorist organisation’; Delhi High Court denies bail to alleged ISIS associate in UAPA case

The Court stated that the recovery of incriminating material recovered from the mobile phone of the appellant showing pro-ISIS material showed that the appellant is deeply influenced with the philosophy and ideology of the ISIS.

Case Briefs High Courts

Interpreting S.468(3) CrPC in a way which considers relevant offences as one where summons is issued leads to absurdity; Delhi HC dismisses petition to quash complaint

“Limitation seeks to prevent abuse of process by filing vexatious and belated prosecutions. However, at the same time, Criminal Procedure Code, 1973 (‘CrPC’) is not blind to the problems faced by litigants and provides for extension of the limitation period in certain cases under Section 473¹ of the CrPC. Thus, CrPC also ensures that interests of bona fide complainants are not affected.”

Cases Reported Never Reported Judgments

NRJ Series | Using company’s name for private purpose by persons in responsible position and having fiduciary capacity calls for sentence more severe than fine| [(1954) 2 SCC 268]

This report covers the Supreme Court’s Never Reported Judgment, on principles for sentencing employees in fiduciary capacity, dating back to the year 1954.

Case Briefs High Courts

TRAI cannot request information from Telecom Service Provider under RTI Act to address individual grievances or access customer-specific information: Delhi HC

The Court stated that requiring TRAI to retrieve information about individual complaints from Telecom Service Provider will impose an impractical and onerous burden on the TRAI. With a workforce of merely 170 employees, the TRAI lacked the operational capacity to manage or compile data related to the grievances of over 900 million telecom subscribers.

Case Briefs High Courts

Delhi High Court grants interim protection to Moti Mahal; temporarily restrains its ex-franchisee from using Moti Mahal’s registered trade marks

Plaintiffs submitted that being the ex-franchisee, Defendant 1 was clearly aware of the ownership and notoriety of the ‘MOTI MAHAL’, ‘MOTI MAHAL DELUX TANDOORI TRAIL’, ‘TANDOORI TRAIL’ and their formative marks as well as the goodwill and reputation enjoyed by the plaintiffs related to the said trade marks.

Case Briefs High Courts

Chhattisgarh High Court allows 17-year-old minor rape victim suffering from sickle cell anaemia to terminate her 20 weeks pregnancy

It cannot be denied that continuation of pregnancy can lead to complication at a later stage on both, the victim’s physical, psychological and mental condition. Although, the victim is suffering from severe anaemia, but team of doctors opined that she may be physically fit after correction of anaemia.

Case Briefs High Courts

Jharkhand HC directs to conduct monthly medical camps for elderly prisoners/inmates to provide necessary medical aid

The issues of the under-trial prisoners or inmates in judicial custody, are required to be medically examined, particularly, the old age inmates where the likelihood of the issue of Cataract, Diabetes, Blood Pressure and other old age ailments are likely to grief such inmates.

Case Briefs High Courts

‘Proxy litigation in India to satisfy personal spite cannot be allowed, when disputes are settled abroad’: P&H HC highlights disturbing trend in matrimonial disputes by foreign nationals

The Court stated that it is baffling that FIR propped up in India, especially considering that the wife has never pursued any criminal complaint against the petitioners in India or in Australia in eight years of marriage.

Case Briefs High Courts

Andhra Pradesh High Court grants anticipatory bail to Ram Gopal Varma in criminal defamation case for objectionable posts on ‘X’ (Twitter)

The Court directed that the petitioner shall cooperate with the investigation as and when required for the purpose of investigation.

Case Briefs High Courts

‘Compulsory retirement not a punishment, does not have any stigma attached to it’; Chhattisgarh HC upholds compulsory retirement of a 50-year-old man

As per Annual Confidential Reports, the petitioner’s overall grade was average or below average. Since, the petitioner completed 50 years of age, this decision of compulsory retirement could have been taken by the State authorities. The un-communicated adverse remarks cannot be made a basis to disturb the finding recorded by the competent authority.

Case Briefs High Courts

Delhi High Court upholds trade mark rights of Ganesh Grains over its ‘GANESH’ marks; directs cancellation of ‘GANESH HARA MATAR’ mark

“Petitioner has established that that it was the prior registered proprietor and prior user of the mark ‘GANESH’ and its other formative marks since 1936. The adoption and use of the mark ‘GANESH HARA MATAR’ by Respondent 1, is likely to create confusion in the market.”

Case Briefs High Courts

‘50 grams of heroin seized; contraband smuggled from Pakistan via drone highlights sophisticated network of illicit trade’; P&H HC dismisses bail petition of accused

“Such individuals, who were involved in trafficking even modest amounts of contraband, were akin to termites eroding the fabric of society. It is imperative that in such cases, the Court takes a firm and resolute stance, addressing them with the utmost severity to curb this insidious menace.”

Cases Reported Never Reported Judgments

NRJ Series| Circumstances corroborating retracted confession must implicate accused; not necessary that it should be independently sufficient for corroboration [(1954) 2 SCC 231]

This report covers the Supreme Court’s Never Reported Judgment, on corroboration of retracted confession, dating back to the year 1954.

Case Briefs High Courts

‘Person wanting to do liquor trade have to accept conditions as framed by State’; P&H HC dismisses petition to quash prohibition of operation of bars/pubs beyond midnight in Haryana

“Excess drinking and indulging in night life in Indian society is still a social taboo. While we may not be understood to discourage night clubs, but the policy makers ought to take into consideration the Indian culture and consider that the percentage of literacy and mature understanding and repercussions of excessive drinking is yet a far-reaching goal.”