Editor_4, Author at SCC Times

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.

Case Briefs High Courts

Allahabad HC grants divorce to couple living separately for over a decade; Cites continuous mental cruelty by wife

“The marriage between the parties becomes a fiction though supported by a legal tie. By refusing to sever that tie, the law in such cases, does not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties”

Case Briefs High Courts

Kerala HC strikes down irregular order, cancels directions to Magistrate on probe into rape allegations against Ponnani police officials

“We are aware of the seriousness of the allegations made by the Petitioners in their complaint, however, this appeal raises broader issues that relate to the exercise of independent jurisdiction by the Magistrate.”

High Court Round Up Legal RoundUp

HIGH COURT NOVEMBER 2024 WEEKLY ROUNDUP | Stories on OCI; Ashneer Grover’s wife; Termination of Pregnancy; Maharashtra Elections; and more

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

Case Briefs High Courts

Penalty can’t be imposed on goods in transit with valid tax invoice and e-way bill, even after suspension of GST registration: Allahabad High Court

Allahabad High Court directed the authorities to carry out the exercise in terms of Section 129 (1)(a) of the CGST Act within a period of two weeks from the date of this order.

Case Briefs High Courts

It is not grave provocation if wife asks husband to wait for food: Orissa High Court upholds conviction of husband

“There is no rule that in case of every child witness, the trial Court should conduct a preliminary examination. It is only a rule of prudence and not a legal obligation. ”

Events/Webinars News

‘Delays in system cannot be solely attributed to one particular organ of State’: Law Minister Arjun Ram Meghwal at Third IBA India Litigation and ADR Symposium

Third IBA India Litigation and ADR Symposium 2024: From fringe to focal: India at the centre of international dispute resolution- a symposium presented by the IBA India Working Group of the IBA Asia Pacific Regional Forum and supported by the IBA Arbitration Committee

Case Briefs High Courts

Gujarat High Court allows termination of pregnancy of minor rape victim; Issues directions for medical board

The Court is conscious of the fact that though the pregnancy of the minor rape victim is of 24 weeks and 05 days, the risk associated with the termination of pregnancy is not higher than the risk of delivery at full term of pregnancy at the tender age of 16.