Sucheta, Author at SCC Times

Arbitration Act 1940 award compound interest

Arbitration Act, 1940 doesn’t empower Arbitrator or Court to award interest upon interest or compound interest: Supreme Court

“There is no dispute as to the power of the courts to award interest on interest or compound interest in a given case subject to the power conferred under the statutes or under the terms and conditions of the contract; but where no such power is conferred ordinarily, the courts do not award interest on interest”.

Case Briefs High Courts

Karnataka HC charges Homeowners Association members u/S. 304-A, IPC regarding death of a minor girl in apartment complex’s swimming pool

The police had initially charged the elected members under S. 304 of IPC; however, the Court upon prima-facie finding of negligence, quashed the charge under S. 304, IPC and charged the petitioners under S. 304-A, IPC.

Case Briefs Supreme Court

Mere attempt to overtake vehicle not Negligence; Supreme Court enhances MACT compensation from Rs.1,01,250 to Rs.11,25,000

Regarding appellant’s attempt to overtake a vehicle, the Court stated that he was doing an act which is an everyday occurrence on the road, but resultantly suffered extensive injuries himself. Furthermore, it was proved that the offending vehicle was being driven rashly and negligently.

Know thy Judge

Know Thy Newly Appointed Supreme Court Judge | Justice Nongmeikapam Kotiswar Singh

Justice N. Kotiswar Singh was serving as the Chief Justice of Jammu & Kashmir and Ladakh High Court, prior to being elevated as Judge of the Supreme Court of India on 18-7-2024.

Case Briefs Foreign Courts

Google has monopoly over relevant product markets for general search services and general search text advertisements: US District Court

U.S. Department of Justice and several States homed in on Google’s distribution agreements and in late 2020 filed lawsuits alleging that the agreements and certain other conduct violated Section 2 of the Sherman Act.

DCDRC finds Matrimony.Com Ltd. liable for deficiency in service for failing to deliver video album of a marriage reception held in 2017

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC grants compensation of Rs. 17 Lakhs to actor PK Asokan for immense mental and financial agony due to shoddy tile work in his dream home ‘Punjabi House’

“This case exemplifies the profound impact that consumer grievances can have on an individual’s life. The complainant, a well-known cine artist, trusted the assurances of the opposite parties and made a significant investment in his dream home, Punjabi House, only to be met with poor workmanship and exploitation”.

Appointments & Transfers News

July 2024 Judicial Appointment Tracker | 33 Collegium Recommendations; 2 SC Appointments; 17 HC Appointments; 2 Extensions; 1 Transfer

This segment aims to track and chart the monthly course of judicial appointments, retirements in the Supreme Court and High Courts along with recommendations made by the Supreme Court Collegium.

Case Briefs Foreign Courts

Pilot’s illness resulting in cancelled flight does not amount to ‘extraordinary circumstance’ for refusal to pay compensation under EC Regulation 261: UK SC

The Court stated that EC Regulation 261 provides a standardised level of compensation for passengers which does not require complex analysis. Requiring an enquiry into why, when and how a staff member became ill would be contrary to the intended operation of the scheme.

Case Briefs High Courts

Whether a father can be booked for offence of kidnapping for taking away his own minor child from the custody of the mother? Karnataka HC answers

Perusing relevant provisions of Guardianship Act, the Court pointed out that a father is a natural guardian of a minor in the absence of any order otherwise passed by a Court of competent jurisdiction.

Case Briefs High Courts

Karnataka HC asks State Government to frame guidelines vis-a-vis issue of summons under S. 35 of Nagarik Suraksha Sanhita

Giving the Government 8 weeks’ time to frame such guidelines, the Court laid down certain steps that must be followed whenever a person is to be summoned under S. 35, BNSS.

Advocates appointed Judge Chhattisgarh HC

Appointments & Transfers News

Supreme Court Collegium recommends the appointment of two Advocates as Judges of Chhattisgarh High Court

The Collegium on 30-07-2024 recommended the names of Bibhu Datta Guru and Amitendra Kishore Prasad, for appointment as Judges of Chhattisgarh High Court.

Case Briefs High Courts

Whether defamatory allegations made in arguments before a Court, can form a basis for prosecution for defamation? J&K and Ladakh HC answers

This was a case where the act of defamation took place in Jaipur, where certain allegations regarding the respondent’s association with Hizbul Mujahiddin were levelled by the counsel for the petitioner.

Neopharma lawsuit Bank of Baroda Ernst & Young

Case Briefs Foreign Courts

NY Supreme Court dismisses Neopharma lawsuit against Bank of Baroda and Ernst & Young due to forum non conveniens

The single Judge Bench of Joel M. Kohen, JSC, dismissed the suit on the grounds of forum non conveniens and lack of personal jurisdiction.

Case Briefs High Courts

J&K and Ladakh HC takes suo motu cognizance vis-a-vis return of drowned Indian youth’s body from Pakistan

The instant PIL was filed on behalf of the parents of the youth who drowned in the Chenab River under mysterious circumstances and whose body was later found in Pakistan.

Appointments & Transfers News

Supreme Court Collegium recommends extension of term for 9 Additional Judges of Calcutta High Court

The Additional Judges’ names were recommended by the Collegium of Calcutta High Court unanimously for appointment as Permanent Judges on 29-4-2024. However, the Chief Minister and the Governor of West Bengal did not convey their views on the recommendation.

Case Briefs High Courts

Know Why Karnataka HC Recalled its judgment holding watching website containing child porn not an offence under S. 67-B of IT Act, 2000

The Court in the impugned order had held that the petitioner watched a pornographic site, which would not become publishing or transmitting material as necessary under S. 67-B(a) and quashed the criminal proceedings against the petitioner.

Case Briefs High Courts

Order granting/declining ex-parte interim measure in Commercial Arbitration Dispute is appealable under S. 37, A&C Act, 1996: Karnataka HC

In the instant appeal, the Court had to consider the interplay of Sections 9 and 37 of the A&C Act; Section 13 of the Commercial Courts Act, 2015 and Rule 9 of High Court of Karnataka Arbitration (Proceedings before the Courts) Rules, 2001.

Israel Occupied Palestinian Territory unlawful

Case Briefs International Courts

Israel’s continued presence in the Occupied Palestinian Territory is unlawful; Must evacuate all settlers and Make reparations for damage caused: ICJ

The Court also opined that all States and International Organizations including UN, are under obligation to not recognize the situation arising from the unlawful presence of Israel in the Occupied Palestinian Territory as legal.

Know thy Judge

Dr Justice Bidyut Ranjan Sarangi, Chief Justice of Jharkhand High Court, bids farewell after a brief tenure of 15 days

A stellar career spanning 28 years as an advocate and 11 years as a Judge, Dr Justice B.R. Sarangi’s resume simply speaks for itself. Elevated as Chief Justice of Jharkhand High Court on 05-07-2024, Dr Justice Sarangi retires on 19-07-2024 after a brief tenure of 15 days.

Acting CJ JandK and Ladakh HC Acting CJ Madras HC

Appointments & Transfers News

Centre notifies appointment of Acting Chief Justices for J&K and Ladakh High Court and Madras High Court

The appointments were made considering the elevation of Justice N. Kotiswar Singh and Justice R. Mahadevan to the Supreme Court.