Editor_4, Author at SCC Times

HIGH COURT AUGUST 2024 WEEKLY ROUNDUP| Stories on Yuvraj Singh; Rajdeep Sardesai; Malabar Gold; International tax charges; and more

A quick review of reported cases this week from various High Courts across the country

Legal aspects of PM Modi’s Independence Day Speech

“Over 1,500 laws were eliminated to ensure citizens are not trapped in a web of legal complexities”- PM Modi

PM Modi addresses nation on 78th Independence Day; highlights the importance of Constitution and law in fortification of Indian democracy

Case Briefs High Courts

Delhi High Court directs news channels to take down defamatory videos and posts against MP Venumbaka Vijaya Sai Reddy; grants ad interim injunction

V. Vijaya Sai Reddy was a sitting member of Rajya Sabha and the baseless allegations made in the impugned videos and posts had the potential of adversely affecting his political career and reputation which had been built carefully over the years.

Case Briefs High Courts

Inside Bombay HC verdict ordering compensation to owner after 36 years since land acquisition by MHADA

No justification was offered for inordinate and insensitive delay and not paying any compensation for almost 36 years. Such conduct amounts to virtual expropriation of a citizen’s property without the authority of law and without paying any compensation and violates Articles 14, 21 and 300-A of the Constitution.

Op Eds OP. ED.

Independence Day 2024: Celebrating Trailblazing Judgments, Legislations and Policies – Charting the path to ‘Viksit Bharat’

Celebrating the 78th Independence Day by revisiting the most historical legal achievements of the country

Case Briefs High Courts

Delhi High Court directs India Today journalist Rajdeep Sardesai to take down video of BJP spokesperson Shazia Ilmi

The direction for taking down the impugned video was necessary since India Today was unable to state whether or not Rajdeep Sardesai had been authorized to use the impugned video.

Legislation Updates Notifications

SEBI issues Master Circular for Stockbrokers to increase accessibility by consolidating all relevant circulars

To enable the users to have access to the provisions of all applicable circulars in one place, SEBI has previously issued a Master Circular dated 22-05-2024 for Stockbrokers.

Case Briefs High Courts

‘Momentary disagreement leading person to take extreme actions cannot be termed as abetment to suicide’; Calcutta HC quashes pending proceedings u/S. 306 of IPC

To constitute an offence under Section 306 of the Penal Code, there should be instances of abetment under Section 107.

Legislation Updates Rules & Regulations

RBI introduces provisions for ‘Sovereign Green Bonds’ vide Foreign Exchange Management (Debt Instruments) (Third Amendment) Regulations, 2024

The 2024 Regulations provide that a person resident outside India who maintains a securities account with a depository in IFSC in India would be able to purchase or sell Sovereign Green Bonds issued by the Government of India.

Case Briefs High Courts

‘Ss. 3 and 5 of the POCSO Act are offences regardless of gender of offender’; Delhi HC puts woman to trial for committing ‘aggravated penetrative sexual assault’

The word ‘he’ in Section 3 of the POCSO Act could not be given a restrictive meaning to say that it referred only to a ‘male’.

High Court Round Up Legal RoundUp

HIGH COURT AUGUST 2024 WEEKLY ROUNDUP | Latest news relating to Telangana Media Accreditation Rules; Twitter; Google; and more

A quick review of reported cases this week from various High Courts across the country

Case Briefs High Courts

Delhi High Court directs ‘Andaaz-E-Nizaam’ restaurant to change name in Trade Mark infringement plea by ‘Nizam’s

Section 47 of the Trade Marks Act, 1999 provides for taking a registered trade mark off the Register on account of non-use of the trade mark.

Legislation Updates Rules & Regulations

SEBI revises ‘Tenure’ of Category I and II Alternative Investment Fund vide SEBI (Alternative Investment Funds) (Fourth Amendment) Regulations, 2024

Through the 2024 Amendment Regulations, changes have also been made to the ‘Conditions for Category I and II Alternative Investment Funds.

Case Briefs High Courts

[Breach of promise to marry v. False promise to marry] Bombay HC refuses to quash FIR against rape accused, for extracting sexual relations on pretext of marriage

“The promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given”- Supreme Court in Pramod Suryabhan Pawar v. State of Maharashtra, (2019) 9 SCC 608

Case Briefs High Courts

‘Necessary ingredients of Sec. 11(6) clearly exist’; Delhi HC appoints Arbitrator to resolve dispute between Yuvraj Singh and real estate developer for claim of Rs. 1.38 Crores

“Deletion of party is an issue to be decided by the Arbitral Tribunal, it cannot be looked into by the Court under Section 11(6) of the Arbitration Act”

Case Briefs High Courts

‘Railways has moral imperative to showcase prompt response to concerns of general public’; Delhi HC directs Railways’ senior-most officer to consider complaint de novo

The Court said that the disposal letter by the Railways neither suggested that any effort was made nor provided any measure to help evade such fatal situations in the future.

Case Briefs High Courts

‘Associate Managers appointed u/S. 3(2) of Trade Marks Act are not empowered to pass quasi-judicial orders’; Calcutta HC

The Registrar dealing with an application under the Trade Marks Act is a quasi-judicial and delegation of power under Section 3(2) is an administrative power and as such the Associate Managers are not empowered to pass quasi-judicial orders.

Case Briefs High Courts

Delhi HC grants interim relief to Falcon Autotech against Chinese Entity

“Perusal of the affidavit filed by the director of the Indian company of the defendant, categorically shows that it has been stated in categorical terms that the company has been inoperative since its incorporation rendering the same as being ‘Defunct’.

Case Briefs District Court

State of Haryana directed to complete construction of public road and ensure removal of water logging; Kharkhoda Civil Court grants ad-interim relief to inhabitants of town

The Court said that ‘swachhta’ is not only limited to the disposal of garbage but essentially includes providing a basic infrastructure that makes human life worth living.

Case Briefs High Courts

‘Revenue Audit Objections a valid ground under Section 148 of Income Tax Act for reopening concluded assessment’: Allahabad HC

“There is no dispute regarding explanation given under Section 148 regarding information that can be relied upon by the Assessing Officer to reopen assessment of escaped income.”