Editor_4, Author at SCC Times

Delhi High Court directs Elderly Man to Spend Day in Court as Punishment for Contempt over Property Price Manipulation

The contemnor used the filing of the writ petition as another weapon in his armour to try and get the price reduced for the land. Such conduct of any person to abuse the judicial process cannot be ignored or left unpunished.

Case Briefs High Courts

‘Best interest of the child has to be determined by considering all relevant circumstances’; Delhi High Court denies interim custody of child to father

The timing, duration, and whether oversight of a child counsellor is required during visitation by a non-custodial parent, is a call that the Court has to take bearing in mind, the best interest of the child.

Case Briefs High Courts

Bombay HC quashes Panaji City Corp. memo seeking recovery of Children’s Educational Allowance from employee whose son suffers from cerebral palsy

The Court noted that the petitioner did not misrepresent or commit fraud to derive benefit of reimbursement of the Allowance scheme; therefore, the issuance of the impugned memorandum was found to be arbitrary.

Case Briefs High Courts

‘If male passengers travel in compartments reserved exclusively for female passengers, they will be prosecuted’: Calcutta High Court

The Calcutta High Court observed that the frequency of the awareness drives conducted by the Railway Police Force should be increased so that this menace can be avoided.

Case Briefs High Courts

Can a lengthy separation between parties be ground for irretrievable breakdown of marriage? Allahabad HC explains

“Only where one of the parties is seen to have voluntarily deserted the other and parties have continued in that status for a long period of time, then in view of other attending circumstances indicating there was no substance in the marriage, a conclusion may be reached that the marriage had been irretrievably broken down”

Case Briefs High Courts

[Central Government Health Scheme] Delhi HC directs Union to release reimbursement of employee’s medical bills who passed away after being diagnosed with COVID

The Court was of the view that the only test in such extraordinary situations must be as to whether the medical treatment is actually availed of. Once the answer is in affirmative, the reimbursement must be full while dealing with such cases pertaining to COVID pandemic.

Case Briefs High Courts

Delhi Floods are caused by encroachment of drains and riverbeds, restricting water flow in Yamuna; Delhi High Court upholds DDA’s Jhuggi Demolition

The Court stated that JJ Basti/cluster in question was not a notified JJ Basti as per DUSIB list of 675 Notified JJ Basti’s in Delhi, which further clarifies that the residents of the appellant-union are living illegally

Legislation Updates Notifications

SEBI issues Master Circular to consolidate all relevant circulars for Surveillance of Securities Market; rescinds 15 circulars

A Master Circular in the form of a compilation of provisions of all relevant circulars for surveillance of securities market was last issued on 23-03-2023.

Case Briefs High Courts

Delhi HC directs formation of Joint Committee for inspection of nursing homes of Delhi Medical Association to report non-compliance with fire safety norms

The Delhi High Court stated that its immediate priority is to safeguard public safety and to ensure that the basic fire safety equipment, as mandated by law, is installed at the premises of private nursing homes.

Case Briefs High Courts

Bombay HC sets aside Industrial Court’s order staying transfer of Indian Express employee due to lack of mala fides

The Court referred to Rajendra Roy v. Union of India, (1993) 1 SCC 148 wherein it was held that, it is possible to draw reasonable inference of mala fide action from the pleadings and antecedent facts and circumstances, however it cannot be drawn from insinuation and vague suggestions.

Case Briefs High Courts

Delhi HC dismisses plea to refer thirty-year-old man’s case to medical board for consideration of passive euthanasia

The Court stated the petitioner is living and no one, including a physician, is permitted to cause death of another person by administering any lethal drug, even if the objective was to relieve the patient from pain and suffering.

Case Briefs High Courts

Delhi High Court dismisses PIL against Dalai Lama for alleged molestation of minor child

The Delhi High Court took judicial notice of the fact that Dalai Lama had already expressed his apology to those who may have been offended by his action.

Case Briefs High Courts

‘S. 21 notice not required if claim is filed in form of counterclaim for which reference has been made by Court’; Delhi HC dismisses Arbitration Applications

Since AISPL and the ASF Group had assumed responsibility for payments to be made to SPCPL, their impleadment was necessary for a comprehensive adjudication of the matter.

Case Briefs High Courts

Bombay HC grants bail to man arrested for fraud for having suffered incarceration beyond the maximum sentence period

The Court referred to Niranjan Singh v. Prabhakar Rajaram Kharote (1980) 2 SCC 559, wherein it was explained that no lexical dexterity nor precedential profusion is needed to come to the realistic conclusion that he who is under the control of the court or is in the physical hold of an officer with coercive power is in custody for the purpose of Section 439, CrPC.

Case Briefs High Courts

Delhi HC sets aside impugned order allowing documents taken on record after 14 months of initiation of suit

The Court stated that the impugned order was entirely against the compliance of provision under Order XI Rule 5 of Code of Civil Procedure, 1908 and spirit of Commercial Courts Act, 2015, thus, the documents brought on record were directed to be taken off the record.

Law made Easy

All you Need to Know about the Indian Passport: A Guide to India’s Diverse Passports

Explore the many kinds of passports stamped with Republic of India on the front

Case Briefs High Courts

‘Malicious intent behind allegations’: Delhi HC dismisses petition challenging TATA SIA and Air India merger alleging cartelization and bid rigging

“These allegations, which are not only unsupported by evidence but also seem to be driven by malice, undermine the integrity of the judicial process. The claims are made without any regard for truth and appear to be designed to manipulate or mislead”

Case Briefs High Courts

Bombay HC permits student to reappear for HSC exam, who missed it while undergoing treatment for Internet Gaming Disorder

The Court found that the petitioner was a bright student, and the medical documents were authentic; therefore, in the interest of justice, the Court permitted the student to appear in the July 2024 HSC exam subject to the payment of late fees.

Case Briefs High Courts

Sikkim HC upholds conviction of grandson on sole testimony of grandmother raped by him on multiple occasions

The impugned judgment of the Sessions Court had observed that if a court finds that the testimony of a prosecutrix inspires the confidence of the court and is found reliable and trustworthy, then the court can rely on her sole testimony for convicting the accused and need not look for corroboration of her testimony elsewhere.

Case Briefs High Courts

‘Women are not compelled to carry pregnancies leading to birth of child with severe abnormalities’; Delhi HC allows medical termination of pregnancy beyond 24 weeks

Section 3(2B) of the MTP Act ensures that gestational age does not hinder necessary medical intervention in cases of substantial fetal abnormalities.