Arunima, Author at SCC Times

Delhi High Court stresses consistency in disciplinary actions for co-delinquents in employment misconduct; Upholds conversion of Bank Manager’s dismissal to compulsory retirement

Looking at the punishments awarded to the co-delinquents for same incidents/transactions and acts of connivance and testing the impugned action on the anvil of Article 14 as well as keeping in mind the long and unblemished spell of service of the respondent, save and except, the Single Judge was inclined to convert the punishment from ‘dismissal’ to one of ‘compulsory retirement’.

Case Briefs High Courts

‘Stray dog menace in Delhi is a serious issue affecting human life’; Delhi High Court refrains to address MCD’s negligence claims

The relationship between humans and dogs is at times a relationship of compassion and unconditional love. The responsible authorities should endeavour to manage the menace with the same compassion to ensure equilibrium in the living conditions of both, humans and dogs.

Case Briefs High Courts

Delhi High Court quashes blacklisting of 17 Haj Group Organizers on lack of clear notice on debarment

While the impugned orders are elaborate and explicitly cite specific provisions and clauses of the Haj Policy, 2023, which the petitioners were found to be violating, the show cause notices do not refer to any violations of the Haj Policy, 2023, attributable to the petitioners.

Hot Off The Press News

Bombay High Court strikes down IT Rules Amendment 2023; Major setback for Fact-Check Units

The case relates to IT Rules Amendment, 2023, when it allowed the government to set up Fact-Check Units (FCUs) to tackle misinformation against it, sparking fears of censorship and a chilling effect on free speech.

Case Briefs High Courts

[POCSO] Delhi High Court quashes charges against mother accused of failing to report daughter’s sexual assault by father

A mother is sought to be prosecuted for delay in reporting of sexual offences on a child by her own husband, despite the fact that the mother herself was allegedly subject to severe abuse, sexual and otherwise, in her matrimonial home.

Case Briefs High Courts

Delhi High Court restrains use of ‘AMMAJI’ trademark due to confusion with established ‘AMBA’ brand in TMT Bar Market

It is not necessary for a registered owner of a trademark to proceed against all entities using similar marks in order to proceed against any one of them. There may be a myriad reasons why a proprietor of a registered trademark may refrain from proceeding against entities that it considers are using infringing marks.

Case Briefs High Courts

Delhi High Court seeks review from Indian Air Force on why fit Female Pilot can’t fill unfilled male vacancies

The petitioner who is aspiring to join the Indian Air Force as a Pilot, having applied for the said post pursuant to the advertisement issued on 17-05-2023.

Case Briefs High Courts

Delhi High Court upholds Tihar Jail Superintendent’s denial of Rajya Sabha MP’s request for physical interview with Arvind Kejriwal

The petitioner is seeking right of physical interview in terms of Delhi Prison Rules and must therefore, exercise it in accordance thereof. He cannot, on one hand, seek right to physical interview according to Rule 589 DPR and on the other hand, not abide by the conditions contained therein.

Case Briefs High Courts

Delhi High Court denies travel permission to Sahara linked Director; Upholds LOC restrictions amid SFIO Investigation

Delhi High Court has denied travel permission to a Sahara-linked director, maintaining Look Out Circular restrictions amidst a critical SFIO investigation. The Court’s decision underscores the ongoing scrutiny of financial ties and the impact on ongoing probes.

Case Briefs High Courts

[Mankind v Mercykind] Delhi High Court directs fresh consideration of Injunction Application in Trademark Dispute

The Court was informed that during the pendency of the present appeal, the Mercykind Pharmaceuticals made significant changes both in its logo and get up of products which are being marketed by it, which would clearly merit consideration afresh by the Single Judge.

Case Briefs District Court

[Privity of Contract] Delhi Court rejects refund claim of Australia Tour for 63 people due to COVID-19 cancellation

Delhi Court dismissed suit filed seeking recovery of money paid for an Australia Tour for 63 people cancelled due to COVID-19 Lockdown citing lack of privity of contract.

Hot Off The Press News

[Kolkata Rape and Murder] Calcutta High Court directs submission of Photographic Evidence to ensure preservation of RG Kar Hospital Crime Scene

Calcutta High Court has taken suo motu cognizance of the vandalism at RG Kar Hospital, ordering the State to submit an affidavit with photographic evidence to ensure the crime scene remains intact.

Know thy Judge

Know Thy Judge |Supreme Court of India: Justice P.V. Sanjay Kumar

Justice PV Sanjay Kumar is a sitting Judge of the Supreme Court of India. He has formerly served as the Chief Justice of Manipur High Court and as Judge of Punjab & Haryana High Court as well as Andhra Pradesh High Court.

Case Briefs High Courts

Calcutta High Court directs West Bengal Legal Services Authority to Revisit Compensation Review for 2011 Acid Attack Victim

The petitioner, a victim of an acid attack perpetrated by her husband in 2011, was initially awarded ₹7,00,000 as compensation by the Criminal Injuries Compensation Board.

Hot Off The Press News

Calcutta High Court directs CBI Probe into Rape and Murder Case of Junior Doctor of RG Kar Medical College

A petition was filed by the parents of a 31-year-old junior doctor at RG Kar Medical College Hospital, who was allegedly raped and murdered seeking an investigation by the Central Bureau of Investigation (CBI) under the supervision of a judge claiming an attempt by the college administration to “cover up” the crime.

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice J.B. Pardiwala

A 4th generation lawyer, Justice Jamshed Burjor Pardiwala assumed office as Judge of the Supreme Court of India on 09-05-2022 and is in line to become the Chief Justice of India in 2028. Justice Pardiwala is expected to serve a two-year and three months term as Chief Justice of India from 03-05-2028 to 11-08-2030.

Case Briefs High Courts

Delhi HC quashes FIR in Rape, Kidnapping, and POCSO case based on Settlement without imposing costs

Delhi High Court has quashed an FIR registered under Sections 376 (rape), 363 (kidnapping), and 6 of the POCSO Act (aggravated penetrative assault). The decision was based on an amicable settlement between the parties, with no costs imposed on either side. This case underscores the court’s recognition of mutually agreed resolutions in certain criminal proceedings.

Case Briefs High Courts

Delhi High Court | Arbitral Tribunal cannot award certain types of damages if they are specifically excluded by contractual clauses

The Court emphasized the necessity of adhering to the specific terms and limitations outlined in contractual clauses. This decision underscores the importance of clear contractual provisions and their binding nature on arbitral tribunals, reaffirming that such limitations must be respected and enforced in arbitral awards.

Case Briefs High Courts

Delhi High Court grants permission for execution of a decree passed after 20 years against a Company under liquidation

The applicant must have spent considerable resources fighting the suit for the last 20 years and therefore, it would not be appropriate to deprive him of the opportunity to execute the decree obtained in his favour.

Case Briefs High Courts

A huge sum spent in the judgeship of 24-Parganas (North); Calcutta High Court stays contractual recruitment notifications

The smooth functioning of the District Judiciary without regular staff and employees is likely to suffer and cannot be cured or supplemented by contractual engagements.