Sucheta, Author at SCC Times

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Supreme Court 2023: A Look Back at Judicial Strength, Appointments, Retirements, and Collegium Resolutions

Year 2023 was as hectic for the Supreme Court as any other year, especially when it concerns the appointment and retirements of its Judges. Read this report to know the important year round ongoings affecting the Judges and judicial strength of the Supreme Court of India.

Case Briefs Foreign Courts

“Inventor within the meaning of Patents Act, 1977 must be a natural person”; UK SC upholds Comptroller’s refusal to regard DABUS the AI Machine as ‘inventor’

The Court unanimously stated that the Comptroller was right in determining that the appellant was not entitled to apply for the patents simply by his ownership of DABUS.

Case Briefs High Courts

J&K and Ladakh HC modifies a 5-year-old Trial Court order restraining a man from opening the windows of his house

The High Court opined that the petitioner has a right of opening of windows on his property even if they are facing towards the house of the respondent.

District Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC holds hotel liable for deficiency in service for carelessness and negligence which resulted in a car being stolen from its valet parking

“Despite having CCTVs installed and full proof of inward and outward register, the car was stolen from the premises of hotel itself is a proven incident of carelessness and negligence on part of the hotel staff”.

Know thy Judge

Know Thy Judge | Justice Siddharth Mridul, 7th Chief Justice of Manipur High Court

Justice Siddharth Mridul started his legal career in 1986 from Delhi High Court and for 37 years served the Court in the capacity of an Advocate and then a Judge. In October 2023, Justice Mridul took charge as the 7th Chief Justice of Manipur High Court.

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Hot Off The Press News

Colorado Supreme Court holds former President Trump ineligible for the White House; Removes him from Colorado’s Presidential Primary Ballot

For the first time in history, Section 3 of the 14th Amendment was used by a Court to disqualify a Presidential candidate.

Case Briefs High Courts

Maternity Leave by a bank employee, whether during probation or otherwise, does not result in break in service; J&K and Ladakh HC clarifies

The High Court was of the view that the respondent Bank’s decision to treat maternity leave as break in service is arbitrary and violates Arts. 14 and 16.

Case Briefs High Courts

Karnataka HC “bends the arc of justice” in favour of a Chartered Accountancy student who had pursued multiple courses; Directs ICAI to grant membership

The High Court expressed its surprise that ICAI wanted to stifle the career of a student who had pursued multiple courses. The Court stated, “It would be helpful to the ICAI and the Society, if a student has extra acumen”.

Case Briefs High Courts

Karnataka HC issues directions for immediate medical examination of rape victims to ascertain pregnancy and provision of counselling on available options

Taking note of the procedure and trauma involved for sexual assault victims and their families, the High Court issued these directions to ensure timely detection of pregnancies and a proper counselling regarding the victim’s physical and mental health.

Abu Dhabi ports company Delanord Investments acquisition

Case Briefs Tribunals/Commissions/Regulatory Bodies

CCI approves acquisition of shareholding in Delanord Investments by Abu Dhabi Ports Company

The Commission stated that the precise delineation of relevant markets can be left open as irrespective of the delineation, the Proposed Combination will not cause any appreciable adverse effect on competition in India.

Case Briefs Foreign Courts

High Court of Justice upholds challenge to arbitral award of 11 billion USD against Nigeria vis-à-vis Gas Supply and Processing Agreement

The Court termed this case to be highly unusual one that draws attention to matters of wider importance and touches the reputation of arbitration as a dispute resolution process.

Case Briefs Foreign Courts

Danish Parliament passes new legislation outlawing desecration of holy texts

The law was adopted in a 94-77 vote and will be enacted when Denmark’s figurehead monarch Queen Margrethe will formally sign the legislation.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Why DCDRC found Cloud Nine Hospital to be guilty of severe deficiency in service while conducting a Code Pink Mock Drill for infant abduction?

DCDRC was of the view that the manner of conducting the mock drill by the hospital was not only a severe deficiency in service but also as an extreme type of unfair trade practice.

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC finds hotel liable for causing mental agony to a customer who was sold Biryani Rice at the price of Chicken Biryani

The complainant had ordered a parcel of Chicken Biryani and paid for the same, however, when he reached home and opened the parcel, it was just Biryani Rice.

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Unscrupulous coaching institutes should not have the right to retain fees of students who leave course midway due to dissatisfaction with the services”: DCDRC

VLCC failed to deliver on their promise by not conducting the courses as per the agreed terms. Furthermore, their suggestion to adjust the course fees against the enrolment of a relative was found to be unfair and contrary to consumer protection principles by DCDRC.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Proceedings before DCDRC must be mandatorily decided in presence of its President and not just the Members: SCDRC

Uttarakhand SCDRC sets aside the impugned order of DCDRC passed in a consumer complaint as its President was not part of the proceedings, thereby disregarding the mandate in S. 36 of Consumer Protection Act, 2019.

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC reiterates importance of consumer’s right to legible and durable receipts; Poorly printed receipts may amount to deficiency of service

The District Consumer Commission observed that issuance of poorly printed bills to consumers may constitute ‘deficiency of service’ and an ‘unfair trade practice’ as per directives issued by Kerala State Department of Consumer Affairs.

Hot Off The Press News

Karnataka High Court suspends Video Conference facilities in all its Court Halls and Benches due to cyber security issues

Justice Prasanna B. Varale, Chief Justice of Karnataka High Court stated that the directive was issued in the interest of the system and urged everyone to cooperate.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Speed post sender is a consumer under Consumer Protection Act; Postal Dept. cannot escape liability by virtue of S 6 of Indian Post Office Act, 1898, SCDRC reiterates

State Commission relying on NCDRC precedents, upheld District Consumer Commission’s decision to hold the Postal Department liable for delayed delivery of a speed post by 19 days which resulted the complainant’s son to miss his chance to get admission in JNU.

Case Briefs High Courts

Pensioner entitled for provisional family pension till determination of criminal appeal with respect to Rule 22(1) of Assam Services (Pension) Rules, 1969: Gauhati HC

The High Court opined that pension being a very valuable right, the legislature in its wisdom, had incorporated Rule 22 of the 1969 Rules, so that a pensioner survives till the allegations attain finality.