Editor_4, Author at SCC Times

‘SC’s 2023 decision in Ashish Agarwal does not deprive assessee of the right to question initiation of reassessment based on S.149(1)’; Delhi HC quashes notice against Genpact India

‘Although Genpact had alluded to the amended statutory regime that had come into existence and had informed the AO of the obligation to follow the procedure under Section 148A, no legal challenge was instituted to impugn the action commenced by notice dated 30-06-2021.’

Hot Off The Press News

Manu Bhaker Interview row: Delhi High Court vacates interim order against Abhishek Baxi for removal of tweet on Rohan Dua

The tweet stemmed from an interview of Manu Bhaker conducted by Rohan Dua after she won two bronze medals at the Paris Olympics.

Legislation Updates Rules & Regulations

SEBI widens scope of SEBI (Foreign Venture Capital Investors) Regulations, 2000

Terms such as ‘Bilateral Memorandum of Understanding’, ‘Control’, ‘Designated depository participant’, and ‘International Financial Services Centre’ have been added to the 2000 Regulations.

Case Briefs High Courts

Delhi High Court directs BSES to pay Rs. 10,00,000/- as compensation to wife of Sub-Inspector who died due to electrocution

‘If the State fails to adhere to the practical necessity of preserving human life, it leads to a tragic loss of human dignity.’

High Court Round Up Legal RoundUp

HIGH COURTS SEPTEMBER 2024 WEEKLY ROUNDUP| Read latest updates on T-series; Haldwani Violence; Service and Employment Laws; Cruelty on husband; and more

Take a quick glance at what the High Courts were discussing in this late Monsoon season.

Case Briefs High Courts

Court of Chief Commissioner for PwD cannot pass binding/adjudicatory orders akin to those issued by court of law; Delhi HC sets aside stay on Employee’s transfer

‘The Rights of Persons with Disabilities Act, 2016 does not envisage the CCPD as an adjudicatory body capable of deciding service-related disputes or issuing enforceable orders.’

Case Briefs High Courts

‘Under Muslim Law, custody of children below 7 years shall be with their mother’: Bombay HC

The Court considered the aspect of better company and care, wherein it evaluated the parties’ living arrangements, schedules and availability to cater to the children. The husband due to his business engagements could not have catered to the needs of the children, unlike the wife who was not working at stayed at home.

Case Briefs High Courts

‘Breaking open lock without wife’s consent was a well-thought out & deliberate act in collusion with her husband’; Bombay HC refuses to quash FIR against landlord

“Where a person is in settled possession of property, even on the assumption that they had no right to remain on the property, they cannot be dispossessed by the owner of the property except by recourse to law.”- Supreme Court in Krishna Ram Mahale v. Shobha Venkat Rao, (1989) 4 SCC 131.

Case Briefs High Courts

‘Indispensable provision cannot be kept aside on whims and fancies’; Delhi High Court holds pre-institution mediation mandatory in commercial suits

‘Section 12-A of the Commercial Courts Act aims and visualizes a situation where there may not be an institution of any fresh case, once the matter is settled through pre-institution mediation.’

Case Briefs High Courts

Delhi High Court takes suo motu cognizance due to absence of any law for availing mutation rights in urbanized villages

‘Such a legal vacuum disabling the villagers from managing their immovable properties prima facie violates their fundamental right under Article 21 and constitutional rights under Article 300A of the Constitution.’

Hot Off The Press News

[R.G. Kar Rape and Murder case] Calcutta HC seeks report from CBI on objectionable social media comments on victim’s picture

The copies of the social media posts submitted before the Court revealed nasty and unacceptable comments regarding the rape and murder victim.

Case Briefs High Courts

‘Acquisition of foreign citizenship by parent does not affect the Indian citizenship of their minor child’: Bombay HC

“The child cannot be left stateless”, said the Court while holding that the minor petitioner was entitled to be issued a passport on the basis of her Indian citizenship.

Case Briefs High Courts

Delhi HC directs Directorate of Education to issue notices/circulars related to admission under EWS category in Hindi to prevent non-compliance due to language barriers

‘The dual-language approach will help in preventing future instances of non-compliance due to language barriers and ensure that the rights and opportunities are accessible to all citizens, especially those from disadvantaged backgrounds.’

Case Briefs High Courts

Delhi High Court appoints Sole Arbitrator in petition against the National Highway and Infrastructure Development Corporation Ltd.

As per Clause 26.2 of the Agreement, the Chairman/Managing Director of the Board of Directors of Contractors was supposed to do the conciliation and not the committee constituted by NHIDCL.

Criminal Law Monthly Roundup August 2024

Legal RoundUp Topic-wise Roundup

Criminal Law Roundup August 2024 | Top Cases on Bail; Contempt of Court; Forceful religious conversions; LGBTQ Rights; and more

Criminal law discussions that unfolded at the Supreme Court and various High Courts in the month of August

Case Briefs High Courts

‘Re-agitating already adjudicated issues would be in disregard of Supreme Court’; Delhi HC quashes 1987 re-entry notice by the Union against Express Newspapers

The present dispute between Express Newspapers and the Government has spanned over five decades and has witnessed critical historical events such as the Emergency and its aftermath.

Case Briefs High Courts

Delhi High Court rejects plea by expelled JDU member against internal election of Nitish Kumar as party president

‘The functions performed by the Election Commission of India under Section 29A of the Representation of the People Act, 1951 are essentially quasi-judicial in nature, and any order issued thereunder constitutes a quasi-judicial order.’

Legislation Updates Notifications

SEBI introduces Chapter on ‘Restriction in Dealing with Unregulated/Other Entities’ in Regulations for Securities Contracts, Depositories and Participants, and Intermediaries

The provision made vide 2024 Amendment Regulations would not apply to associations through a specified digital platform.

Events/Webinars News

Inside One-Day Consultation on Promoting Private Sector Participation and Capitalisation in Municipal Solid Waste Management in India

Bridge Policy Think Tank (‘Bridge’) with support from Deutsche Gesellschaft für Internationale Zusammenarbeit (‘GIZ’) in collaboration with the Ministry of Housing and Urban Affairs (‘MoHUA’), Government of India, organised the One-Day Consultation on Promoting Private Sector Participation and Capitalisation in Municipal Solid Waste (‘MSW’) Management in India on 30-08-2024

Case Briefs High Courts

Delhi High Court refuses to quash proceedings against Dr. Shashi Tharoor for making defamatory statements against Prime Minister Modi

‘Reputation is an essential attribute of personality, and the violation of this right is actionable both as a tort as well as a crime.’