Editor_4, Author at SCC Times

‘INDRP Policy does not require third parties to be heard’; Delhi High Court holds petition under S.34 of the Arbitration and Conciliation Act, 1996 not maintainable

Any third party claiming an interest in the domain name, without being bound by the INDRP, cannot allege that the award has been rendered in violation of principles of natural justice.

Case Briefs High Courts

Bombay HC refuses to permit AIR 10 candidate seeking participation in admission process at IISC, Bangalore, due to delayed application

The Court stated that granting such relief would cause injustice to other applicants who were similarly situated as the petitioner and who could not submit their applications by the prescribed deadline.

Case Briefs High Courts

Bombay HC orders release of a man incarcerated beyond sentence period in default of payment of fines due to poverty

The Court referred to Jolly George Varghese v. Bank of Cochin, (1980) 2 SCC 360 quoting Justice V.R. Krishna Iyer that “to be poor, in this land of Daridranayan, is no crime, and to recover debts by the procedure of putting one in prison is too flagrantly violative of Article 21 unless there is proof of the minimal fairness of his wilful failure to pay in spite of his sufficient means”.

Case Briefs High Courts

Delhi HC dismisses L’Oréal’s plea for cancellation of mark ‘CLARIWASH’ registered with a proprietor

The Court finds reconsideration of respondent 1’s application for registration of the trade mark ‘CLARIWASH’ registered 14 years ago, on account of procedural error manifestly unfair.

Case Briefs High Courts

Delhi High Court sets aside order cancelling GST registration of alleged Non-Existent Entity; directs entity to respond within 4 weeks

The Court stated that since the only allegation against the entity was that it was found to be non-existent, it was at liberty to furnish documents and material to support its contention that it continues to be a valid tax entity.

Case Briefs High Courts

[S. 4 Probation of Offenders Act] Bombay HC releases man convicted for running down woman with motorbike as a teenager, after 11 years

The Court opined that the applicant has a bright future and is apprehensive of the stigma of conviction that may ruin his future, therefore, it was expedient to release him on probation under the Section 4 benefit

Case Briefs High Courts

Bombay HC denies protection of education to doctor who secured admission on false caste certificate; upholds Caste Certificate Scrutiny Committee’s order

The Court reiterated the findings of the Supreme Court in State of Maharashtra v. Milind, (2001) 1 SCC 4, that the benefits drawn by a candidate not belonging to a scheduled tribe, must be considered to having been drawn on the basis of a false caste certificate; such benefits are required to be withdrawn.

Case Briefs High Courts

Allahabad HC directs State to reconsider premature release of 79-year-old accused who was incarcerated for 25 years

“The impugned order is a stereotype order which is passed in almost every case by the State Government without application of mind.”

Case Briefs High Courts

‘Organ trafficking an organized crime; this was perhaps just tip of the iceberg’: Kerala HC denies bail to accused in organ trafficking case

“The Parliament, after considering a spate of reports highlighting the flourishing human organ trade in India and the consequential exploitation of the economically vulnerable segments of the society through organ removal, and illegal transplants, for prohibiting the unethical practice, enacted the Transplantation of Human Organs and Tissues Act, 1994”

Case Briefs High Courts

Punjab and Haryana HC grants bail to Indian Army Sepoy accused of leaking secret information to Pakistan

The Court noted that apart from one WhatsApp message, which was not incriminating, nothing else was found from the raid at the petitioner house. Still the petitioner has been behind bars for a substantial period of more than 2½ years.

Case Briefs High Courts

[Electro-Homeopathy] Delhi HC dismisses plea to analyze Krauss and Zimpel for recognition as alternative system of medicine

The Court stated that ‘Electro Homeopathy’ is not a recognized form of medicine, and its analysis does not fall within the jurisdictional purview of Homeopathic Pharmacopoeia Laboratory.

Case Briefs High Courts

[Preventive Detention] | Bombay HC sets aside detention order due to unexplained delay by Detaining Authority to decide on detenu’s representation

“When the liberty of a person is imperiled, immediate action should be taken by the relevant authorities”

Legislation Updates Notifications

RBI revises Master Directions on Fraud Risk Management in Regulated Entities; rescinds 36 Circulars

The 2024 Master Directions are principle-based and have been issued to strengthen the role of the Board in overall governance as well as oversight of fraud risk management in Regulated Entities.

Case Briefs High Courts

Delhi High Court dismisses Reliance’s petition against UIDAI; upholds impugned arbitral award in its entirety

The Delhi High Court said that the scope of interference with arbitral awards under Section 34 of the Arbitration and Conciliation Act, 1996 has now become heavily circumscribed.

Case Briefs High Courts

Delhi High Court refers matter to Arbitrator based on arbitration clause in invoices issued for payment

The Delhi High Court granted time to both parties to file written submissions on whether an arbitration clause in an invoice could constitute an arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996.

Case Briefs High Courts

Delhi High Court directs CBSE to allow 16 Students to appear in Compartment Exams despite missing deadline

The Court said that though the petitioner-school was very negligent in filing the details of students appearing for supplementary/compartment examination within stipulated time. However, the Court cannot allow the student to suffer loss of an academic year.

Case Briefs High Courts

Can allegations of coercion be looked into u/s 11 of the Arbitration Act by the referral Court? Delhi HC explains

“Consequent on introduction of sub-Section 6(A) in Section 11, the Supreme Court has in several decisions held that the jurisdiction of the referral Court is now circumscribed.”

Legislation Updates Notifications

SEBI lays down ‘Framework for Unit Based Employee Benefit Scheme’ vide SEBI (REIT) (Second Amendment) Regulations, 2024

As per the Regulations, the manager may offer unit-based employee benefit scheme based on the units of Real Estate Investment Trusts subject to compliance with Chapter IVA.

Legislation Updates Notifications

SEBI widens scope of ‘liquid asset’ for ESG Rating Providers vide SEBI (Credit Rating Agencies) (Amendment) Regulations, 2024

Previously, ‘liquid asset’ included low-risk assets such as cash, fixed deposits, government securities, treasury bills, and repo on government securities.

Case Briefs High Courts

Bombay HC releases murder convict on parole to arrange for son’s intended departure to Australia for higher education

The Court emphasised that if parole could be granted for the purpose of celebration of marriage, the same benefit can be extended to the convict for the instant contingency and the same shall not be denied merely because the Prison (Bombay Furlough and Parole) Rules, 1959 does not contemplate such contingencies