Editor_4, Author at SCC Times

‘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.

Case Briefs High Courts

Bombay HC grants bail to man arrested for fraud for having suffered incarceration beyond the maximum sentence period

The Court referred to Niranjan Singh v. Prabhakar Rajaram Kharote (1980) 2 SCC 559, wherein it was explained that no lexical dexterity nor precedential profusion is needed to come to the realistic conclusion that he who is under the control of the court or is in the physical hold of an officer with coercive power is in custody for the purpose of Section 439, CrPC.

Case Briefs High Courts

Delhi HC sets aside impugned order allowing documents taken on record after 14 months of initiation of suit

The Court stated that the impugned order was entirely against the compliance of provision under Order XI Rule 5 of Code of Civil Procedure, 1908 and spirit of Commercial Courts Act, 2015, thus, the documents brought on record were directed to be taken off the record.

Law made Easy

All you Need to Know about the Indian Passport: A Guide to India’s Diverse Passports

Explore the many kinds of passports stamped with Republic of India on the front

Case Briefs High Courts

‘Malicious intent behind allegations’: Delhi HC dismisses petition challenging TATA SIA and Air India merger alleging cartelization and bid rigging

“These allegations, which are not only unsupported by evidence but also seem to be driven by malice, undermine the integrity of the judicial process. The claims are made without any regard for truth and appear to be designed to manipulate or mislead”

Case Briefs High Courts

Bombay HC permits student to reappear for HSC exam, who missed it while undergoing treatment for Internet Gaming Disorder

The Court found that the petitioner was a bright student, and the medical documents were authentic; therefore, in the interest of justice, the Court permitted the student to appear in the July 2024 HSC exam subject to the payment of late fees.

Case Briefs High Courts

Sikkim HC upholds conviction of grandson on sole testimony of grandmother raped by him on multiple occasions

The impugned judgment of the Sessions Court had observed that if a court finds that the testimony of a prosecutrix inspires the confidence of the court and is found reliable and trustworthy, then the court can rely on her sole testimony for convicting the accused and need not look for corroboration of her testimony elsewhere.

Case Briefs High Courts

‘Women are not compelled to carry pregnancies leading to birth of child with severe abnormalities’; Delhi HC allows medical termination of pregnancy beyond 24 weeks

Section 3(2B) of the MTP Act ensures that gestational age does not hinder necessary medical intervention in cases of substantial fetal abnormalities.

Case Briefs High Courts

Or. 14 R. 2 of CPC does not confer jurisdiction on the Court to decide a mixed question of fact and law, unless the facts are clear from the plaint itself: Sikkim HC

The Court decided under the aegis of Or.14, R.2 of the CPC that where a question of law is dependent on the determination of a question of fact, then such question of fact cannot be decided as a preliminary issue by the Trial Court.

Hot Off The Press News

BCI bans illegal solicitation of legal services by lawyers on online portals after Madras HC decision

“The Madras High Cour had remarked that the process of delivery of Justice is strongly based on the Constitution, and lawyers being the upholders of law cannot treat the profession as a business.”

Case Briefs High Courts

Delhi HC grants bail to 21-year-old alleged Manjit Mahal Gang member, after 8 years of custody for doctor’s murder

“The Court said that even though the petitioner’s conduct in jail was ‘unsatisfactory’, he had already been punished for the offences committed in the prison and had already atoned for them.”

Case Briefs High Courts

Bombay HC grants anticipatory bail to accused booked under POCSO for allegedly making a child record sexual acts between him and the child’s mother

The Court was shocked to learn such allegations against the mother of the child and deemed appropriate to direct the High Court Legal Services Authority to appoint an advocate from their panel to represent the victim.

Case Briefs High Courts

What does the term ‘competence’ under Section 24 of CPC refer to? Kerala HC explains

Under Section 24 (1) of the Code, the High Court or District Court may at any stage withdraw any suit, appeal or other proceeding pending in any court subordinate to it; and transfer the same for trial or disposal to any court subordinate to it and competent to try or dispose of the same.

Case Briefs High Courts

Delhi High Court directs removal of social media posts alleging dead centipede in ‘Amul’ vanilla ice-cream tub

The Delhi High Court said that the non-appearance of the defendants evidenced their unwillingness to participate in the forensic examination and verification of their claims of the dead insect made in the social media posts.

High Court Round Up Legal RoundUp

HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Lakshmi Puri’s defamation; Agniveer recruitment; Cancer patient’s termination of pregnancy; and more

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

Case Briefs High Courts

‘Order u/S 482 CrPC can be passed to prevent abuse of process’: Delhi HC imposes Rs. 50,000 cost on complainant pursuing case even after acceptance of settlement money

“The conduct of the litigants to keep the dispute alive for mala fide reasons has the tendency of keeping the docket of the Courts heavy to the detriment of other litigants whose cases have been pending for years together.”

Legislation Updates Notifications

RBI imposes penalty of Rs. 1.31 Crore on Punjab National Bank for non-compliance of directions on ‘Loans and Advances’ and ‘KYC’

The Reserve Bank of India imposed monetary penalty on Punjab National Bank due to deficiencies in regulatory compliance.

Case Briefs High Courts

Delhi High Court directs Emami Ltd. to deposit Rs. 10 Lakhs for infringing Saregama India’s copyright on song ‘Udi Jab Jab Zulfein’

The rights of the impugned song ‘Udi Jab Jab Zulfein’ from the film ‘Naya Daur’ had been assigned to Saregama India Ltd. by BR Films, the original producer of the film.

Case Briefs High Courts

[Paris Olympic, 2024] Delhi HC upholds alleged arbitrary selection criteria for Dressage issued by Equestrian Federation of India

The petition was filed by Shruti Vora, a distinguished Indian Dressage athlete with a commendable record at international competitions including the Asian Games and Dressage World Championships challenging the Selection Criteria Notice 2024 issued by the Equestrian Federation of India

Case Briefs High Courts

Kerala High Court allows transwoman to live apart from hostile family members who forced her to undergo treatment for changing gender identity

After interacting with the parties, the Court found that X, the transwoman has made a firm decision to live separately from her parents due to familial violence consequent to her self-determination as a transwoman’