Editor_4, Author at SCC Times

‘Six weeks to regain medical fitness after pregnancy is extremely short’; Delhi HC directs re-examination of woman rejected for being overweight in SSB medical exam

The Court hoped that the Union would look into suitably amending the nomenclature of posts that are open to both males and females to make them gender-neutral.

Case Briefs High Courts

‘Role of Md. Haneef was to help in publication of ‘Islamic Movement’ magazine as a proofreader, not author’; Delhi HC grants bail to alleged member of SIMI

‘As per initial statements of police witnesses, no specific act of incitement had been pointed out regarding Md. Haneef, which led to the registration of the original FIR.’

Hot Off The Press News

Delhi High Court grants interim bail to four co-owners of coaching centre basement where three civil services aspirants drowned to death

Allegedly, the coaching-institute was illegally running a library in the basement where the three students got stuck in a flood and died.

Case Briefs High Courts

‘Powers under Art. 226 are not expansive enough to allow creation or modification of eligibility criteria for pursuing medicine’; Delhi HC refuses relief to a disabled person

‘As much as the Court may wish to intervene on behalf of a deserving candidate, it cannot overstep its jurisdiction by altering the established norms and benchmarks.’

Case Briefs High Courts

‘Maintenance under Domestic Violence Act unrelated to inability of wife to maintain herself’; Delhi HC directs Trial Court to pass final order in domestic violence case

‘The allocation of the family resource cake should align with the financial needs of each family member’

Legislation Updates Notifications

RBI imposes penalty amounting to Rs. 1 Crore on HDFC Bank Limited for non-compliance with directions

The penalty imposed was based on deficiencies in statutory and regulatory compliance on behalf of HDFC bank.

Case Briefs High Courts

Read why Delhi HC granted default bail to fake doctors for offence under Section 304 IPC, due to procedural error by the Police

With respect to the offence under Section 304, the duration of imprisonment can only be ascertained at the conclusion of trial, and the period of investigation for that offence shall only be 60 days and not 90 days, unless the facts of a case undisputedly indicate an intention of the accused to cause death or bodily injury likely to cause death.

Case Briefs High Courts

‘SC’s 2023 decision in Ashish Agarwal does not deprive assessee of the right to question initiation of reassessment based on S.149(1)’; Delhi HC quashes notice against Genpact India

‘Although Genpact had alluded to the amended statutory regime that had come into existence and had informed the AO of the obligation to follow the procedure under Section 148A, no legal challenge was instituted to impugn the action commenced by notice dated 30-06-2021.’

Hot Off The Press News

Manu Bhaker Interview row: Delhi High Court vacates interim order against Abhishek Baxi for removal of tweet on Rohan Dua

The tweet stemmed from an interview of Manu Bhaker conducted by Rohan Dua after she won two bronze medals at the Paris Olympics.

Legislation Updates Rules & Regulations

SEBI widens scope of SEBI (Foreign Venture Capital Investors) Regulations, 2000

Terms such as ‘Bilateral Memorandum of Understanding’, ‘Control’, ‘Designated depository participant’, and ‘International Financial Services Centre’ have been added to the 2000 Regulations.

Case Briefs High Courts

Delhi High Court directs BSES to pay Rs. 10,00,000/- as compensation to wife of Sub-Inspector who died due to electrocution

‘If the State fails to adhere to the practical necessity of preserving human life, it leads to a tragic loss of human dignity.’

High Court Round Up Legal RoundUp

HIGH COURTS SEPTEMBER 2024 WEEKLY ROUNDUP| Read latest updates on T-series; Haldwani Violence; Service and Employment Laws; Cruelty on husband; and more

Take a quick glance at what the High Courts were discussing in this late Monsoon season.

Case Briefs High Courts

Court of Chief Commissioner for PwD cannot pass binding/adjudicatory orders akin to those issued by court of law; Delhi HC sets aside stay on Employee’s transfer

‘The Rights of Persons with Disabilities Act, 2016 does not envisage the CCPD as an adjudicatory body capable of deciding service-related disputes or issuing enforceable orders.’

Case Briefs High Courts

‘Under Muslim Law, custody of children below 7 years shall be with their mother’: Bombay HC

The Court considered the aspect of better company and care, wherein it evaluated the parties’ living arrangements, schedules and availability to cater to the children. The husband due to his business engagements could not have catered to the needs of the children, unlike the wife who was not working at stayed at home.

Case Briefs High Courts

‘Breaking open lock without wife’s consent was a well-thought out & deliberate act in collusion with her husband’; Bombay HC refuses to quash FIR against landlord

“Where a person is in settled possession of property, even on the assumption that they had no right to remain on the property, they cannot be dispossessed by the owner of the property except by recourse to law.”- Supreme Court in Krishna Ram Mahale v. Shobha Venkat Rao, (1989) 4 SCC 131.

Case Briefs High Courts

‘Indispensable provision cannot be kept aside on whims and fancies’; Delhi High Court holds pre-institution mediation mandatory in commercial suits

‘Section 12-A of the Commercial Courts Act aims and visualizes a situation where there may not be an institution of any fresh case, once the matter is settled through pre-institution mediation.’

Case Briefs High Courts

Delhi High Court takes suo motu cognizance due to absence of any law for availing mutation rights in urbanized villages

‘Such a legal vacuum disabling the villagers from managing their immovable properties prima facie violates their fundamental right under Article 21 and constitutional rights under Article 300A of the Constitution.’

Hot Off The Press News

[R.G. Kar Rape and Murder case] Calcutta HC seeks report from CBI on objectionable social media comments on victim’s picture

The copies of the social media posts submitted before the Court revealed nasty and unacceptable comments regarding the rape and murder victim.

Case Briefs High Courts

‘Acquisition of foreign citizenship by parent does not affect the Indian citizenship of their minor child’: Bombay HC

“The child cannot be left stateless”, said the Court while holding that the minor petitioner was entitled to be issued a passport on the basis of her Indian citizenship.

Case Briefs High Courts

Delhi HC directs Directorate of Education to issue notices/circulars related to admission under EWS category in Hindi to prevent non-compliance due to language barriers

‘The dual-language approach will help in preventing future instances of non-compliance due to language barriers and ensure that the rights and opportunities are accessible to all citizens, especially those from disadvantaged backgrounds.’