Sucheta, Author at SCC Times

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.

District Consumer Disputes Redressal Commission

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.

Case Briefs High Courts

‘To achieve purity in election process in particular’, Karnataka HC directs State Election Commission to issue requisite forms in all State local body elections

“It is pertinent to note that the law relating to disclosure of criminal antecedents of the candidates in the Electoral fray has further marched from April to May and now to the June of life”.

Case Briefs High Courts

[Aadhaar Card] Relationship by marriage does not eclipse the right to privacy: Karnataka High Court

“Right to privacy of Aadhaar number holder preserves the autonomy of the individual’s right to privacy which has been conferred primacy and admits of no exception under the statutory scheme”.

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice B.R. Gavai

Recapitulating the career trajectory of eminent Judge of the Supreme Court of India, Justice B.R Gavai, who is in line to become only the second Chief Justice of India belonging to Scheduled Caste category after Justice K.G. Balakrishnan.

Case Briefs High Courts

Investigating Agency must justify arrest under UAPA; No rule of thumb to determine whether accused is ‘clear and present danger’: J&K and Ladakh HC

The High Court meaningfully stated the existence of prima facie evidence against the accused is to no avail if there is no justification for the arrest based on the doctrine of clear and present danger to the society.

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC directs Indigo to pay compensation of Rs 70,000 for their failure to deliver checked-in luggage of a holiday bound couple

The Commission stated that the Indigo’s deficiency in services caused the married couple irrevocable hardship and spoiled their holiday mood.

Case Briefs Foreign Courts

‘Rwanda Policy’ for asylum seekers held unlawful; UK Supreme Court upholds decision of Court of Appeal

The Supreme Court took the decision to uphold the Court of Appeal’s findings regardless of the political debates surrounding the Rwanda Policy.

Case Briefs High Courts

Karnataka HC refuses to interfere with State Govt’s decision to cancel recruitment examination for the post of Police Sub-Inspector and order a re-examination

Examination for the recruitment for the post of ‘Police Sub-Inspector (Civil)’ previously conducted on 21-01-2021, was marred by irregularities such as paper leakages, which necessitated the decision of the Govt. to order a re-examination.

Case Briefs District Court

Hassan Sessions Court acquits persons accused in 12-year-old rape case based on prosecutrix’ behaviour “which was against normal human conduct”

The Special Judge opined that the prosecutrix’s conduct of never disclosing anything about incident to anybody nor seeking anybody’s help during relevant period, cast a serious doubt on her version of events.

Case Briefs High Courts

J&K and Ladakh HC quashes detention order over snapped live link to illicit activities and vague Daily Diary Reports

The High Court reiterated precedents highlighting that the detaining authority must not make undue and long delay between the prejudicial activities and the passing of detention order, and that Daily Diary Reports must not be vague and bereft of necessary details.

Know thy Judge

Know Thy Chief Justice | Throwback at a Roller-Coaster First Year of Justice Dr D.Y. Chandrachud

Great expectations followed Justice Dr DY Chandrachud when he was elevated to the post of Chief Justice of India. As 1 year has gone by in Justice Dr Chandrachud’s 2-year tenure, one thing is clear that interesting times are afoot indeed!