Editor_4, Author at SCC Times

[Rights of Disabled Persons] | Bombay HC directs State Govt. to constitute Advisory Board in 30 days

The Court reiterated the observations of the Supreme Court in the case of Exploitation of Children in Orphanages in State of Tamil Nadu v. Union of India, (2017) 5 SCC 578, that it would be extremely unfortunate if the Governments voluntarily and knowingly flouted the provisions of law solemnly enacted by Parliament.

Case Briefs High Courts

Delhi HC dismisses plea challenging initiation of penalty proceedings against international powerlifter by National Anti-Doping Agency

The Court was of the view that, as a disciplinary panel is already constituted for considering the case of the appellant, it will not be appropriate for the Court to interdict the proceedings at this stage.

High Court Round Up Legal RoundUp

HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Briar App; Internet Gaming Disorder; Dalai Lama; Centipede in Amul Ice-cream and more

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

Legislation Updates Notifications

SEBI (Issue and Listing of Non-Convertible Securities) (Amendment) Regulations, 2024

The 2024 Regulations amend the obligations of the issuers to include fixing a record date for payment of interests, dividends, etc.

Case Briefs High Courts

When can CBI be involved in an investigation? Kerala High Court answers

“Though an attempt was made to portray the incidents that led to the registration of the crime as one having transnational ramifications based upon the affidavit of the State Government filed in the Supreme Court, this Court is of the view that the circumstances do not persuade this Court to rely on the said averment to direct a CBI investigation”

Hot Off The Press News

Bombay HC quashes Magistrate Court ’s order against Rahul Gandhi in a decade old RSS defamation case

Rahul Gandhi was relieved from the allegations of defaming RSS in a speech made during the 2014 Elections campaign

Legislation Updates Notifications

SEBI (Listing Obligations and Disclosure Requirements) (Second Amendment) Regulations, 2024

The 2024 Regulations have been notified to modify Regulation 52 of the 2015 Listing Obligations and Disclosure Requirements issued by SEBI.

Case Briefs High Courts

Delhi High Court directs Elderly Man to Spend Day in Court as Punishment for Contempt over Property Price Manipulation

The contemnor used the filing of the writ petition as another weapon in his armour to try and get the price reduced for the land. Such conduct of any person to abuse the judicial process cannot be ignored or left unpunished.

Case Briefs High Courts

‘Best interest of the child has to be determined by considering all relevant circumstances’; Delhi High Court denies interim custody of child to father

The timing, duration, and whether oversight of a child counsellor is required during visitation by a non-custodial parent, is a call that the Court has to take bearing in mind, the best interest of the child.

Case Briefs High Courts

Bombay HC quashes Panaji City Corp. memo seeking recovery of Children’s Educational Allowance from employee whose son suffers from cerebral palsy

The Court noted that the petitioner did not misrepresent or commit fraud to derive benefit of reimbursement of the Allowance scheme; therefore, the issuance of the impugned memorandum was found to be arbitrary.

Case Briefs High Courts

‘If male passengers travel in compartments reserved exclusively for female passengers, they will be prosecuted’: Calcutta High Court

The Calcutta High Court observed that the frequency of the awareness drives conducted by the Railway Police Force should be increased so that this menace can be avoided.

Case Briefs High Courts

Can a lengthy separation between parties be ground for irretrievable breakdown of marriage? Allahabad HC explains

“Only where one of the parties is seen to have voluntarily deserted the other and parties have continued in that status for a long period of time, then in view of other attending circumstances indicating there was no substance in the marriage, a conclusion may be reached that the marriage had been irretrievably broken down”

Case Briefs High Courts

[Central Government Health Scheme] Delhi HC directs Union to release reimbursement of employee’s medical bills who passed away after being diagnosed with COVID

The Court was of the view that the only test in such extraordinary situations must be as to whether the medical treatment is actually availed of. Once the answer is in affirmative, the reimbursement must be full while dealing with such cases pertaining to COVID pandemic.

Case Briefs High Courts

Delhi Floods are caused by encroachment of drains and riverbeds, restricting water flow in Yamuna; Delhi High Court upholds DDA’s Jhuggi Demolition

The Court stated that JJ Basti/cluster in question was not a notified JJ Basti as per DUSIB list of 675 Notified JJ Basti’s in Delhi, which further clarifies that the residents of the appellant-union are living illegally

Legislation Updates Notifications

SEBI issues Master Circular to consolidate all relevant circulars for Surveillance of Securities Market; rescinds 15 circulars

A Master Circular in the form of a compilation of provisions of all relevant circulars for surveillance of securities market was last issued on 23-03-2023.

Case Briefs High Courts

Delhi HC directs formation of Joint Committee for inspection of nursing homes of Delhi Medical Association to report non-compliance with fire safety norms

The Delhi High Court stated that its immediate priority is to safeguard public safety and to ensure that the basic fire safety equipment, as mandated by law, is installed at the premises of private nursing homes.

Case Briefs High Courts

Bombay HC sets aside Industrial Court’s order staying transfer of Indian Express employee due to lack of mala fides

The Court referred to Rajendra Roy v. Union of India, (1993) 1 SCC 148 wherein it was held that, it is possible to draw reasonable inference of mala fide action from the pleadings and antecedent facts and circumstances, however it cannot be drawn from insinuation and vague suggestions.

Case Briefs High Courts

Delhi HC dismisses plea to refer thirty-year-old man’s case to medical board for consideration of passive euthanasia

The Court stated the petitioner is living and no one, including a physician, is permitted to cause death of another person by administering any lethal drug, even if the objective was to relieve the patient from pain and suffering.

Case Briefs High Courts

Delhi High Court dismisses PIL against Dalai Lama for alleged molestation of minor child

The Delhi High Court took judicial notice of the fact that Dalai Lama had already expressed his apology to those who may have been offended by his action.

Case Briefs High Courts

‘S. 21 notice not required if claim is filed in form of counterclaim for which reference has been made by Court’; Delhi HC dismisses Arbitration Applications

Since AISPL and the ASF Group had assumed responsibility for payments to be made to SPCPL, their impleadment was necessary for a comprehensive adjudication of the matter.