Editor_4, Author at SCC Times

‘Two different conclusions drawn on same material’; Delhi HC quashes reassessment notice issued by Assessing Officer on a mere change of opinion

The Court observed that no new material has been found by the Revenue which would warrant reopening the assessment. A reading of the notices will crystallize the fact that it has been issued merely based on a change of opinion.

Case Briefs High Courts

‘No parent of any girl in our society can damage reputation of their daughter regarding her chastity’; Patna HC upholds conviction u/s 376 of IPC

The Court observed that the parents of the victims were illiterate and that the appellant’s allegations of false implications and extortion on the victim’s family’s part did not inspire any confidence as per evidence on record.

Legal RoundUp Topic-wise Roundup

Technology Media Telecom | A quick view of top TMT cases in June 2024

A quick recap of TMT cases passed by the Supreme Court and High Courts in the month of June 2024 along with some top stories on PM Modi Fake video, Rajat Sharma Defamation case and much more.

Case Briefs High Courts

Will offence of forgery, fabrication, and filing of false affidavit, warrant lodging of complaint u/S. 340 CrPC? Delhi HC explains

“Persons who indulge in forgery and fabrication, especially, in respect of documentary evidence which relied upon heavily that too in order to obtain an ex-parte inunction cannot be allowed to go scot-free.”

Case Briefs Foreign Courts

Inside the Plea Agreement signed between US Government and Wikileaks founder Julian Assange

Julian Assange pleaded guilty before the Court to the information charging him with conspiracy to obtain documents, writings, notes connected with the national defence, and wilfully communicate documents relating to national defence of the United States, which constitutes a felony.

Case Briefs High Courts

Delhi HC dismisses appeal filed for lack of appointment of judges to the High Courts

The Delhi High Court said that the directions sought were not only beyond but also contrary to the law laid down by the Supreme Court.

Case Briefs High Courts

[BNSS] Punjab and Haryana HC determines governing law for time barred petition filed under CrPC before 30-06-2024 and pending as of 01-07-2024

The Court was of the view that the petition and the accompanying application seeking an extension of time were filed and registered in the registry of this Court when CrPC, 1973 was in force, hence, the matter would fall under the scope of Section 531(2)(a) and this petition should be adjudicated through the provisions of CrPC, 1973.

Case Briefs High Courts

Allahabad HC directs Principal Secretary to implement guidelines in Government departments to avoid filing Arbitration appeals beyond statutory time limits

“The rationale behind such stringent timelines is rooted in the principles of finality and efficiency, which are paramount in arbitration. The limitation period serves as a deterrent against undue delays and encourages parties to act promptly, thereby ensuring that the arbitration process remains expeditious.”

Case Briefs High Courts

Dress code prescribed by Chembur Trombay Education Society restricting wearing of hijab, does not violate Fundamental Rights: Bombay HC

The Court referred to Fathima Thasneem v. State of Kerala, 2018 SCC OnLine Ker 5267, wherein it was held that there may be a fundamental right for a student to choose a dress but there is also a fundamental right of establishing, managing and administering an educational institution.

Case Briefs High Courts

Calcutta High Court directs Senior Examiner of Trademark to pass Speaking Order on rejection of Trade Mark Application for “ELECTRONICA”

The hearing in the present matter was concluded on 15-02-2023 and the Senior Examiner of Trade Marks passed the impugned order on 14-02-2024, i.e. after a period of one year.

Legislation Updates Rules & Regulations

SEBI modifies ‘Restrictions on Investments’ vide SEBI (Mutual Funds) (Amendment) Regulations, 2024

The SEBI (Mutual Funds) (Amendment) Regulations, 2024 amends the Seventh Schedule of the 1996 Regulations.

Case Briefs High Courts

Bombay HC upholds constitutionality of UGC Distance Learning Programme Regulations stipulating double-entry barriers for offering UG & PG programmes

The Court stated that the stipulation of quality control standards through an accreditation score or ranking is not per se arbitrary, however also acknowledged their inappropriateness for skill universities such as Symbiosis Skills and Professional University.

Legislation Updates Rules & Regulations

SEBI (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market) (Amendment) Regulations, 2024

The 2024 regulations have been notified to amend certain provisions of Chapters I and II in the 2003 regulations.

Case Briefs High Courts

‘Suffered undeserved legal injury to her reputation’; Delhi HC orders TMC MP Saket Gokhale to pay Lakshmi Puri Rs 50 lakh damages for defamatory tweets alleging financial impropriety

“It is necessary to draw a distinction between a person’s financial affairs being open to public scrutiny, by requiring disclosure or clarification through legitimate means, which may not amount to defamation; and a person being subjected to vilification and to baseless and false ignominy, by asking tendentious questions laced with innuendo.”

Case Briefs High Courts

Delhi High Court denies bail to K. Kavitha in cases related to Delhi Liquor Policy scam

The Delhi High Court stated that a prima facie case of money laundering under Section 3 of the Prevention of Money Laundering Act, 2002 was made against K. Kavitha based on the material placed on record.

Case Briefs High Courts

‘Awards of Lok Adalat are not independent verdict, should strive to function as conciliators and have no jurisdiction to try policy matters’: Orissa HC

“The Lok Adalat should resist their temptation to play the role of regular Judges rather they should constantly strive to function as conciliators. The endeavour and effort of the Lok Adalats should be to guide and persuade the parties, with reference to principles of justice.”

Legislation Updates Rules & Regulations

Securities and Exchange Board of India (Stock Brokers) (Amendment) Regulations, 2024

The amendment has been notified to insert institutional mechanism for the prevention and detection of fraud or market abuse.

Legislation Updates Notifications

SEBI issues Master Circular for Mutual Funds rescinding 16 circulars

This Master Circular for Mutual Funds includes all previous guidelines/directions that were included in the Master Circular dated 19-05-2023.

Case Briefs High Courts

Kerala HC directs Police Chief to ensure arrests or detention based on wrong identity do not violate right to life and liberty

“Urgent necessity of ensuring that the identity of the person is established clearly before any arrest/detention is made by the Police officials, either in the execution of a warrant issued by the court or otherwise”

Case Briefs High Courts

Calcutta High Court refuses to consider order of the U.S. Bankruptcy Court for binding Trial Judge to stay anti-arbitration suit

The Calcutta High Court said that the principle of comity of nations and comity of courts had been recognized by the Indian Courts by giving adequate weightage to orders or decrees of a foreign court while deciding any proceeding in a domestic court.