Editor_4, Author at SCC Times

“Arbitration Bar cannot be a weekend Bar”: Justice Somasekhar Sundaresan at India ADR Week 2024

Day 2 and 3 of India Alternative Disputes Resolution Week 2024 in Mumbai featured intense discussions on sports arbitration, appointment of experts as arbitrators and modification of arbitral awards.

Case Briefs High Courts

‘Special equities have to partake the character of irretrievable injustice’; Delhi HC quashes award by Arbitral Tribunal to injunct invocation of Bank Guarantees

‘The person at whose instance a Bank Guarantee has been issued by the bank is not a party to it and is merely a benefactor from whose account the payment would be realized.’

Case Briefs High Courts

Bombay High Court asks for an affidavit from the State stating how online rummy is a ‘game of skill’ and not a ‘game of chance’

The social worker has impleaded celebrities like Sachin Tendulkar, Shahrukh Khan, Hrithik Roshan, Ajay Devgan, Annu Kapoor, and Shakti Kapoor for promoting online gambling.

Case Briefs High Courts

‘Husband is not absolved from providing maintenance even if wife is capable of earning’; Delhi HC upholds order by Trial Court against husband having extra-marital affair

‘The wife was a victim of domestic violence because she had been subjected to physical as well as mental abuse from her husband and no woman can tolerate that her husband is cohabiting with another lady.’

Case Briefs District Court

‘Statutory right created in favour of party to assail decree cannot be taken away by S.14 of IBC’; Delhi Court sets aside Arbitral award in favour of Educomp Solutions Ltd.

‘The autonomy conferred on the parties is not unbridled and appointment of the Arbitrator has to meet the prerequisite of his neutrality and impartiality which are the bedrock on which the foundation of arbitration rests.’

Case Briefs High Courts

‘Policy based response from municipalities required, not judicial intervention’; Delhi HC denies to interfere in issue of lack of parking spaces in residential colonies

‘This issue is symptomatic of a larger urban planning failure, where colonies were developed without foresight for parking facilities, causing residents to park in the streets.’

Case Briefs High Courts

Delhi HC upholds order by CAT allowing appointment of Scheduled Caste candidate holding Caste Certificate not issued by State of Delhi

‘NCT of Delhi is giving reservation to one category and denying the same to another, which is sheer discrimination and cannot be permitted.’

Case Briefs High Courts

Calcutta High Court grants bail to DYF leader Kalatan Dasgupta and restrained authorities from taking coercive action

‘Since Kalatan Dasgupta had already provided his statement and his mobile phone had been seized, he shall not be involved in further investigative proceedings without leave of Court.’

Case Briefs High Courts

Delhi High Court cancels trade mark ‘LI’L MONSTER’ to protect the Intellectual Property Rights of Monster Energy Co.

The trade mark ‘MONSTER’ had been adopted by Monster Energy Co. in 2002 in the United States of America.

Case Briefs High Courts

‘Compensation is essential part of curing justice’; Delhi HC enhances compensation to Rs. 10.5 lakh for minor victim of sexual assault by father

Although the offence of ‘aggravated sexual assault’ was not mentioned in the compensation scheme, the Court referred to the offence of ‘unnatural sexual assault’ to determine the quantum of compensation.

Legislation Updates Notifications

RBI imposes penalty of Rs. 7.9 lakh on Muthoot Vehicle & Asset Finance Ltd. for non-compliance with Liquidity Risk Management Framework and RBI Directions for NBFCs

Apart from failing to disclose information regarding LCR and conveying the loan amounts sanctioned, MVAFL also failed to submit data of gold loan customers.

Legislation Updates Notifications

RBI imposes penalty of Rs. 10.4 lakhs on HP Financial Services for failing to adhere to its KYC, NBFC, and IT framework regulations for the non-banking financial sector

HP Financial Services not only failed to establish a periodic review of risk categorization of accounts but also failed to form an IT Strategy Committee as well as an IT Steering Committee.

Case Briefs High Courts

Delhi HC declares order by Players’ Status Committee of AIFF directing Anwar Ali, Delhi FC, and Emami EBFC to pay Rs. 12.9 crores, unenforceable

‘The right to a fair hearing encompasses not only the opportunity to be heard but also the right to know the reasons for any adverse decision.’

Case Briefs High Courts

‘Six weeks to regain medical fitness after pregnancy is extremely short’; Delhi HC directs re-examination of woman rejected for being overweight in SSB medical exam

The Court hoped that the Union would look into suitably amending the nomenclature of posts that are open to both males and females to make them gender-neutral.

Case Briefs High Courts

‘Role of Md. Haneef was to help in publication of ‘Islamic Movement’ magazine as a proofreader, not author’; Delhi HC grants bail to alleged member of SIMI

‘As per initial statements of police witnesses, no specific act of incitement had been pointed out regarding Md. Haneef, which led to the registration of the original FIR.’

Hot Off The Press News

Delhi High Court grants interim bail to four co-owners of coaching centre basement where three civil services aspirants drowned to death

Allegedly, the coaching-institute was illegally running a library in the basement where the three students got stuck in a flood and died.

Case Briefs High Courts

‘Powers under Art. 226 are not expansive enough to allow creation or modification of eligibility criteria for pursuing medicine’; Delhi HC refuses relief to a disabled person

‘As much as the Court may wish to intervene on behalf of a deserving candidate, it cannot overstep its jurisdiction by altering the established norms and benchmarks.’

Case Briefs High Courts

‘Maintenance under Domestic Violence Act unrelated to inability of wife to maintain herself’; Delhi HC directs Trial Court to pass final order in domestic violence case

‘The allocation of the family resource cake should align with the financial needs of each family member’

Legislation Updates Notifications

RBI imposes penalty amounting to Rs. 1 Crore on HDFC Bank Limited for non-compliance with directions

The penalty imposed was based on deficiencies in statutory and regulatory compliance on behalf of HDFC bank.

Case Briefs High Courts

Read why Delhi HC granted default bail to fake doctors for offence under Section 304 IPC, due to procedural error by the Police

With respect to the offence under Section 304, the duration of imprisonment can only be ascertained at the conclusion of trial, and the period of investigation for that offence shall only be 60 days and not 90 days, unless the facts of a case undisputedly indicate an intention of the accused to cause death or bodily injury likely to cause death.