Sucheta, Author at SCC Times

[POCSO Case] | An award-winning National hockey player’s achievements earned through hard work, can’t be termed as ‘Influence’: Karnataka HC

The High Court granted anticipatory bail to noted hockey player Varun Kumar stating that he cannot be termed as influential person merely because he is an award-winning National Hockey Player.

Case Briefs High Courts

Karnataka HC dismisses petitions challenging complete ban on sale of Hookah in any public place in the State

“It is a fact that a session of hookah is more harmful than a pack of cigarettes (…) If it is 200 puffs per session, it is equivalent to 100 cigarettes, in any of these sessions. Hookah, is, as addictive as a cigarette; as harmful as a cigarette; has the same chemicals as a cigarette”.

CBUAE Sanadak UAE's first Financial and Insurance Ombudsman

Foreign Legislation Legislation Updates

Central Bank of UAE launches ‘Sanadak’, UAE’s first Financial & Insurance Ombudsman

Sanadak is the first Ombudsman Unit both in the UAE and the MENA region, catering to consumers of Financial Institutions and Licensed Insurance Companies.

Case Briefs Foreign Courts

Imposing penalties to discourage Trade Union members to participate in lawful strikes; UKSC declares S. 146 of TULRCA to be incompatible with Art. 11 of ECHR

The Court held that S. 146 of TULRCA is incompatible with ECHR Convention insofar as it fails to provide any protection against penalties, intended to deter trade union members from taking part in lawful strike action organised by their trade unions.

Case Briefs High Courts

J&K and Ladakh HC directs the authorities to grant NOC to Bilquis Mir to participate in Asian Canoe Sprint Olympic Qualifier in Japan as Chief Finish Line Judge

The Court noted that not allowing the petitioner to attend the sporting event may cause her to lose out on further opportunities which in turn may have a deterrent effect with regard to such position being provided to the athletes in India.

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC sets aside SCDRC’s Rs 1 Lakh compensation order against Honda Cars due to lack of expert opinion on non-deployment of the airbags

NCDRC pointed out that the State Commission’s finding that non-deployment of the airbags when the respondent’s car crashed, warranted punitive damages, was not based on any finding of fact or legal precedent.

supreme court collegium recommendation appointment

Appointments & Transfers News

Supreme Court Collegium recommends appointment of Judges for Kerala High Court and Telangana High Court

The Collegium on 16-04-2024, resolved to recommend the appointment of 3 Judges, which included 2 Permanent Judges and 1 Advocate as a Judge.

Lexis Nexis Labour Court of South Africa

Case Briefs Foreign Courts

Criminal history is not relevant to the inherent requirement of a job: Labour Court of South Africa

The Court held that Lexis Nexis’ decision to deny the applicant the job of Senior Data Discovery and Enrichment Expert I, on the sole basis of his criminal history, constituted unfair discrimination.

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice Rajesh Bindal

Prior to being elevated to the Supreme Court in 2023, Justice Rajesh Bindal was serving as the Chief Justice of Allahabad High Court.

Climate Change Swiss Administration reduce greenhouse gas emissions

Case Briefs Foreign Courts

[Climate Change] Switzerland failed to comply with its positive obligations under ECHR Convention; Failed to reduce greenhouse gas emissions: ECHR

In a landmark ruling, the 17-Judge Grand Chamber of the Court found that there were critical gaps in the process of putting in place relevant domestic regulatory framework vis-à-vis climate change and that Switzerland had failed to meet its greenhouse gas emission reduction targets.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC dismisses Government’s 2015 complaint vis-à-vis Lead content found in Nestle’s Maggie Noodles

The Commission noted that the scientific analysis and the clarifications issued by the Government itself did not indict Nestle India, therefore, there is no material to support the allegations made in the complaint so as to proceed any further.

Hot Off The Press News

Karnataka High Court quashes Central Govt.’s circular banning 23 breeds of ferocious dogs

The Court opined that relevant parties such as pet owner and organisations should have been consulted before issuing the impugned circular in March 2024.

Know thy Judge

Justice Aniruddha Bose Bids Farewell to the Supreme Court: A Throwback to his Stellar Tenure

Justice Aniruddha Bose, who retires on 10-04-2024 after a tenure of 5 years, had served the High Courts of Calcutta and Jharkhand as a Judge and Chief Justice respectively prior to being elevated to the Supreme Court in 2019.

Case Briefs High Courts

Karnataka HC initiates suo motu proceedings vis-a-vis non-compliance of Court orders by various government/semi-govt. authorities

The Court sternly noted that casual, lethargic and insensitive approach on the part of the authorities towards the compliance of the orders and directions of the courts cannot be tolerated.

Case Briefs High Courts

Family Court duly empowered to consider application for divorce via Mubarat agreement under Dissolution of Muslim Marriages Act: Karnataka HC

The High Court noted that Divorce via Mubarat i.e. Mutual Consent, is an accepted form of Divorce under Muslim Personal Law and there is no impediment for Family Courts to recognise the same and declaring the status of the parties.

Appointments & Transfers News

Supreme Court Collegium recommends appointment of Permanent Judges and Additional Judge for Karnataka High Court

The Resolution dated 03-04-2024 was signed by two members of the Collegium as Justice B R Gavai was travelling out of Delhi. However, Justice Gavai verbally conveyed his agreement with the proposal.

Appointments & Transfers News

March 2024 Judicial Appointment Tracker | 36 High Court Appointments, 26 SC Collegium Recommendations

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

Case Briefs High Courts

“None should suffer for the mistake of Law Publisher”; Karnataka HC sternly warns law publishers to be extra cautious while publishing statutes

The High Court warned that law publishers who fail to be careful while publishing statutory instruments, may end up inviting contempt proceedings in addition to being blacklisted from public tenders for supply of books.

Case Briefs High Courts

Counsel cannot claim any share out of the fruits of litigation from their client as fee; Such an action amounts to professional misconduct: J&K and Ladakh HC

The High Court strictly noted that such a conduct is unbecoming for a person belonging to legal profession and also reprimanded the Tribunal for withholding the compensation from the petitioner due to a fee dispute between a layer and their client.

Case Briefs High Courts

Cross-Border Adoption situation not envisaged by Indian adoption laws; Karnataka HC directs CARA to consider issuing NOC to child adopted in Uganda.

The High Court stated that rights of child adopted by Indian Citizens in Uganda, which is a non-signatory to Hague Convention, cannot be left marooned.