Editor_4, Author at SCC Times

HIGH COURT NOVEMBER 2024 WEEKLY ROUNDUP | Stories on Louis Vuitton’s trademark, captive elephants in Kerala, Plastic Ban, and much more.

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

Delhi Court orders conditional stay on attachment of Bikaner House; Directs payment of decretal amount in terms of Arbitral Award

The Court had ordered the attachment of the Bikaner House to enforce payment since neither did the Nagar Palika of the State of Rajasthan comply with the court order to file an affidavit of assets nor did it pay the petitioner per the arbitral award.

Case Briefs High Courts

‘Street Dogs pose a menace to the public’: Meghalaya HC directs State to acquire dog shelters for vaccinated and sterilized stray dogs

“There is an absolute need for the Municipal Board to acquire a shelter where these street dogs can be kept.”

Case Briefs High Courts

Allahabad High Court acquits seven in 2004 rape and kidnapping case; Raises possibility of victim’s involvement in crime

“The medical evidence on record does not support the allegation made by prosecutrix and there is no other corroboration of the version of the victim.”

Events/Webinars News

‘New criminal laws focus on justice and protection of citizens rather than just punishments’, says CM Yogi Adityanath at UPSIFS conference

This report provides the insights into the two days international Conference on “Role of Forensics and Cyber Security for Enabling Justice under the New Criminal Laws” organized by the Uttar Pradesh State Institute of Forensic Science.

Case Briefs District Court

Gujarat Court grants anticipatory bail to Journalist Mahesh Langa in cheating case

Mahesh Langa is a senior journalist who is working for The Hindu as the Joint Editor. He is currently embroiled in controversy regarding an alleged GST fraud case.

Case Briefs High Courts

Church Administration and Government officials swindled church property: Kerala High Court orders CBI probe

“Now, the conscientious are not occupying the chair of the Church administration. Hence, the Church properties are being swindled by the administrators against the tenets of the Bible.”

Case Briefs High Courts

Allahabad High Court cancels notification including village Barsana Dehat in Nagar Panchayat over unaddressed objections

“Each resident of such area, which is subject to such notification, is a stakeholder and has a right under the Act, 1916 to make suggestions and objections. Such suggestions and objections, when duly filed, have to be considered by the Governor, and the State Government cannot brush aside an objection by means of a general denial that it was not received within the time provided in the draft notification”.

Case Briefs High Courts

Dependent widowed daughter is still daughter and falls within ambit of ‘dependent family’, eligible for compassionate appointment: Allahabad HC

“If a married son is eligible for compassionate appointment if he was dependent upon his father at the time of his death unless he had his own means of livelihood, then, there is no reason as to why a married daughter who is similarly placed, i.e., if she was dependent upon her father, should not be eligible for compassionate appointment under the aforesaid scheme.”

Case Briefs High Courts

Read why Kerala High Court issued extensive directions for welfare and protection of captive elephants

“This case and the orders that we have been called upon to issue from time to time regarding captive elephants lead us to conclude that the life of an elephant in captivity is an ‘Eternal Treblinka’.”

Case Briefs High Courts

Delhi High Court permanently restrains counterfeiters from infringing and passing off Louis Vuitton trade mark

Delhi High Court held that the defendants have taken unfair advantage of the reputation and goodwill of Louis Vuitton’s trade mark and deceived unwary consumers by dishonestly adopting Louis Vuitton’s registered marks.

High Court Round Up Legal RoundUp

HIGH COURT NOVEMBER 2024 WEEKLY ROUNDUP | Stories on Amit Malviya defamation case; Shilpa Shetty SC/ST Act; Home Guards; Execution of Arbitral award; and more

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

Case Briefs High Courts

Read why Allahabad High Court upheld former Samajwadi Party MLA Irfan Solanki’s conviction in arson case

“A representative of people should be a man of clear antecedents. It has often been seen that a large number of persons with criminal antecedents or who are charged with heinous crimes stand for and are elected to Legislative Assemblies and the Parliament.”

Case Briefs High Courts

Not mandatory for PMLA special court to record reasons for cognizance of ED’s Complaint unlike a private complaint under CrPC or BNSS: Delhi High Court

Delhi High Court affirmed that Explanation-II of Section 44(1)(b) of the PMLA applies retrospectively

Case Briefs High Courts

Suspicion alone insufficient for conviction; Orissa High Court acquits two and convicts one in murder case

“In dealing with circumstantial evidence, there is always a danger that conjecture or suspicion lingering on mind might take the place of proof and therefore, the Court has to be watchful and ensure that such thing should not take place.”

Case Briefs District Court

Patiala House Court orders attachment of Bikaner House to enforce payment under an arbitral award

The Nagar Palika of the State of Rajasthan failed to comply with court order to file an affidavit of assets despite being given multiple opportunities and failed to pay the petitioner in accordance with the arbitral award.

Case Briefs High Courts

Parties in appeal not entitled to produce additional evidence as a matter of right; allowed only in exceptional circumstances: Gujarat High Court

“Where the additional evidence sought to be adduced removes the cloud of doubt over the case, the evidence has a direct & important bearing on the main issue in the suit and interest of justice clearly renders it imperative that the evidence must be permitted to be taken on record, then such an application may be allowed.”

Case Briefs High Courts

Section 498A IPC protection is available to woman even in marriage with the ‘colour’ of legality: Kerala HC

Kerala High Court said that the marriage under the customary or personal law, which is otherwise valid, has to be treated as valid between parties to that marriage for all practical purposes, unless and until it is challenged by any of the parties to that marriage, and declared void on any valid grounds.

Events/Webinars News

7th ICC India Arbitration Day 2024

The International Chamber of Commerce (ICC) organised the 7th Edition ICC India Arbitration Day bringing together global legal professionals, arbitrators, corporate leaders, and academics to discuss the evolving landscape of arbitration.

Case Briefs High Courts

Arbitral Award treated as deemed decree; Execution can be initiated anywhere such decree can be executed: Allahabad HC

Allahabad High Court reiterated that Arbitration Act transcends all territorial barriers.