Arushi, Author at SCC Times

Delhi HC directs DLSA to ensure appropriate mechanism to monitor appearance of legal aid counsels; consider establishing mechanism to report non-representation

“The present judgment is only an attempt to put in place a mechanism to address delays caused by the non-appearance of legal aid counsels and to prevent the dismissal of cases involving individuals who are already vulnerable and seeking justice.”

Case Briefs High Courts

Simply because application to refer parties to arbitration is rejected, right to file written statement cannot be forfeited on same date: Andhra Pradesh HC

The High Court held that the Trial Court ought to have passed separate order, in accordance with law, considering the provisions related to filing of the written statement and its forfeiture, also, keeping a view that the procedural law is handmaid of justice and the Court has the power to extend the time for filing of the written statement in the facts and circumstances of each and every case.

Case Briefs High Courts

Wife’s temporary job will not disentitle her to claim maintenance from husband, if income from said job is insufficient for her maintenance: Kerala HC

“The test is whether the wife is able to maintain herself more or less in the status, in which her husband has maintained her. The wife is entitled to live the same standard of life as she lived along with the husband.”

Case Briefs High Courts

Human Rights Commissions not meant to be ‘toothless tigers’; must be ‘fierce defenders’ safeguarding the right to live without fear and with dignity: Delhi HC

Human rights are not ordinary rights. These rights are integral to Article 21, which recognizes the right to life. The reports and recommendations of Human Rights Commissions are needed to be treated with seriousness and not rendered edentulous or pointless.

Case Briefs High Courts

Sexual assault against minors also attacks their innocence and sense of safety; often leave permanent psychological scars: Delhi HC dismisses bail application of POCSO accused

“It is a stark reminder of an unfortunate reality frequently observed by courts, where acts of sexual assault against children were often committed by individuals who occupy positions of trust or confidence in the child’s life. Such relationships of familiarity and trust not only provide perpetrators access to the child but also magnify the betrayal and lasting impact of the crime.”

Case Briefs High Courts

Delhi HC grants bail to four co-owners of coaching centre basement in flooding case leading to death of three civil services aspirants

The Court directed the applicants (‘accused persons’) to make their voluntary donation of Rs. 5 lakhs with Delhi State Legal Services Authority (‘DSLSA’), within two weeks, towards the welfare of the families of the deceased. The member secretary, DSLSA, shall then consider the claims from the families of deceased and issue direction for disbursal of the said amount after due consideration.

Case Briefs High Courts

‘Merely smoking is no ground to conclude that victim is of deviant character’; Kerala HC upholds conviction u/s 377 IPC

“Youngsters are prone to commit mistakes/follies during their teens or young age for which they cannot be branded as deviant and wholly unreliable.”

Cases Reported Never Reported Judgments

NRJ Series | When SC remitted case of recovery of possession to Trial Court for rehearing as per general law, since customary law was only applicable to ryots of village [(1954) 2 SCC 699]

This report covers the Supreme Court’s Never Reported Judgment on suit for recovery of possession, dating back to the year 1954.

Case Briefs High Courts

Considerations for bail cannot be same in cases involving anti-national activities, terrorism and involvement with dreaded gangsters: Delhi HC dismisses bail petition of UAPA accused

“This Court while acknowledging that speedy trial is necessary as a Constitutional prescription, observes that in cases involving anti-national activities and terrorism on an international scale, long incarceration in itself ought not to lead to enlargement on bail, when facts showed involvement in such activities which can have a national and transnational impact.”

Case Briefs High Courts

‘Identical marks, identical goods/services and identical target consumers’: Delhi HC grants relief in favour of Rapido in trade mark dispute

“It is clear that the impugned mark has been adopted by Respondent 1 dishonestly to trade upon the goodwill and reputation of the petitioner under the RAPIDO marks and to associate itself with the petitioner.”

Case Briefs High Courts

Magic mushroom not a scheduled narcotic or psychotropic substance: Kerala HC grants bail to NDPS accused

In the present case, since the charas and ganja seized from the accused were of small quantities, the question to be decided by the Court is whether the mushroom and magic mushroom capsules together can be considered as commercial quantity.

Case Briefs High Courts

‘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.