Editor_4, Author at SCC Times

Delhi High Court upholds order by CAT directing grant of maternity leave to lady constable for third child

It is the bounden duty of the employer to be sensitive and responsive to the physical difficulties that a working lady would face in performing her duties at the workplace while carrying a baby or bringing up the child post birth.

Case Briefs High Courts

Delhi High Court grants interim injunction against shops from unauthorised use of brand name ‘Peter England’ outside their shops

The brand ‘Peter England’ was introduced in 1997 and later acquired by Aditya Birla Fashion and Retail Ltd. in 2000.

Case Briefs High Courts

‘Reporting sexual offence brings disrepute to family’; Bombay HC upholds man’s conviction under POCSO as victim’s family had no reason for false implication

The Court emphasised that in our conservative society, even on account of family enmity, the future and career of a girl is not jeopardised, and such is a strong circumstance in favour of the prosecution.

Case Briefs High Courts

‘Yamuna River Floodplain must be zealously protected from encroachment and unauthorised construction’: Delhi HC upholds demolition of temple near Yamuna Bank

“There is not even a single scrap of a document placed on record by the appellant/society to show any kind of legitimacy it exercises, either over the land or the illegal structure built thereon.”

Case Briefs High Courts

[NLU, Sonipat] P&H HC imposes cost of Rs 1 Lakh to Vice Chancellor and Registrar for illegal repatriation of Deputy Registrar

The Court held the actions of the Vice-Chancellor and the Registrar as illegal, arbitrary, and in violation of the statutory provisions of the University Act.

Case Briefs High Courts

Bombay HC grants bail to persons accused under UAPA for alleged links with Dawood Ibrahim

Mere allegations of affiliation with Dawood Ibrahim do not attract the application of Section 20 of the UAPA; mere sharing of pictures of NDPS-prohibited substances does not attract the provisions of the NDPS.

Case Briefs High Courts

Delhi High Court directs removal of defamatory posts and videos against Dhanya Rajendran; grants ad interim relief

It was said that the allegations asserted did not seem to be premised on a public record document such as a criminal case that was registered or pending against Dhanya Rajendran.

Case Briefs High Courts

Bombay HC upholds rejection of compassionate appointment to deceased Junior Clerk’s son due to delayed application

The Court referred to Ahmednagar Mahanagar Palika v. Kamgar Union, (2022) 10 SCC 172, and State of West Bengal v. Debabrata Tiwari, 2023 SCC OnLine SC 219, wherein the Supreme Court held that the object of compassionate employment is to tide over a sudden crisis, and the application for grant of appointment on compassionate basis should not be considered after a prolonged delay; the sense of urgency should not be lost.

Case Briefs High Courts

Delhi HC sets aside DDA’s decision declining the society’s request to celebrate Janamashtami Mohotasav in District Park

The Court asked DDA to ponder over what they have done to this city in terms of providing recreational activities open to all and how they intend to make Delhi a ‘Smart City’.

Case Briefs High Courts

Gujarat HC permits 15-year-old mentally challenged girl to undergo abortion at 28 weeks of pregnancy

“Considering the fact that the minor girl is aged about 15 years, and she is mentally challenged, coming from a very low strata of the society and considering her family background as well, in all probability the girl would face a lot of problems in raising the child.”

Case Briefs High Courts

Bail application filed under CrPC treated as one under BNSS; Delhi High Court refrains from taking coercive steps against husband accused of sexual assault

The Court opined that since the petition was filed after 01-07-2024, it ought to have been filed under the Bharatiya Nagarik Suraksha Sanhita, 2023.

Case Briefs High Courts

Bombay HC holds retired professor entitled to pensionary benefits; directs authorities to perform formalities

The Court emphasised that the respondents did not object to the petitioner’s continuation of service for twenty-three years. Therefore, depriving the petitioner of pensionary benefits on the ground that a formal order of de-reservation was not passed, even though the ingredients were satisfied, would be unjust.

High Court Round Up Legal RoundUp

HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Reliance; Rights of Disabled Persons; NEET UG 2024; Organ trafficking; Bhopal Gas Tragedy and more

A quick legal roundup to cover important stories from all High Courts this week.

Case Briefs High Courts

Kerala HC refuses to quash FIR against Businessman accused of cheating UAE bank of Rs. 135 crores

Credibility of Indians in UAE and of others who seek loans from banks can be prejudicially affected if such alleged frauds are permitted to be perpetrated by the citizens of this country, and when criminal proceedings are initiated, they are quashed without even being investigated”

Case Briefs High Courts

Delhi High Court stays debarment order by Food Corporation of India for being violative of principles of natural justice

The Food Corporation of India issued the undated communication after various defects were noticed in the Demolition and Reconstruction of 20 Residential Flats in Sector 27, Noida.

Legislation Updates Notifications

RBI imposes penalty of Rs. 1.9 Lakh on Muthoot Finance Ltd. for non-compliance with KYC Directions, 2016

Muthoot Finance had been allotting more than one UCIC to its individual customers in contradiction to the 2016 KYC Directions issued by the RBI.

Case Briefs High Courts

Delhi HC upholds reinstatement of superannuated research assistant of Jamia Millia Islamia University as a teacher

The Court finds that the respondent is possessed with necessary educational qualifications and thus fulfils the requisite condition of being appointed as a ‘Teacher’.

Case Briefs High Courts

“Defect notice is itself defective”: Bombay HC directs Tax authorities to refund the excess tax collected from vehicle trader

The Court stated that State authorities cannot retain the excess amount which is not in accordance with law and the same would be violative of Article 265 of the Constitution.

Case Briefs High Courts

Delhi High Court grants interim injunction to Dr. Reddy’s in suit filed to restrain violation of trade mark “REBAHEAL”

Since the rival trade marks were visually and phonetically identical, it would cause confusion and deception amongst the general public, doctors, and chemists.

Case Briefs High Courts

Delhi HC directs AAI to appoint an applicant, earlier rejected due to typographical error in medical report

The Court perused the opinion of the Medical Board, which reflects that colour vision of the petitioner was normal and he was fit to be employed on the post in question.