Editor_4, Author at SCC Times

Delhi HC directs State to file an Action Taken Report after seven new-born babies die in a fire at Baby Care New Born Hospital

A news report dated 28-05-2024, stated that out of almost 1000 hospitals registered with the Delhi Government, only 196 have fire NOC, i.e., roughly 20% of the total hospitals have fire NOCs while the rest are at risk of a fire hazard.

Case Briefs High Courts

Can a wife claim that sexual act by her husband is without consent? Madhya Pradesh HC answers

The Court stated that as per the amended definition of rape, any sexual intercourse or act, by the husband with his wife not below the age of fifteen years is not a rape, therefore, consent is immaterial.

Case Briefs High Courts

‘No Work No Pay’ Principle inapplicable in Illegal Termination case; Delhi High Court quashes Delhi School Tribunal order

The Delhi High Court reiterated that in cases of wrongful termination of service, reinstatement with continuity of service and back wages is normal rule.

New releases News

‘Uniting for Global Challenge and Opportunity’- London International Disputes Week, 2024 Kicks Off

This year’s LIDW has attracted over 7,000 registrations for events during the week, with 100 different jurisdictions represented, double the number recorded the previous year.

Case Briefs High Courts

[MPLADS Funds] ‘Central Information Commission has no jurisdiction to comment adversely upon the functioning of any public authority’; Delhi HC eschews CIC’s order

The Delhi High Court said that CIC can only deal with issues relating to information sought under the RTI Act or any other issue that leads to dissipation of information as sought by the applicant.

Case Briefs High Courts

Will personal right of action survive by transfer to legal heir upon original plaintiff’s death? Delhi HC answers

“The nature of infringement of his legal rights, if any, which were claimed by the deceased/plaintiff, were personal to him and certainly not heritable”

Case Briefs High Courts

Madras High Court upholds Government Order Mandating 40% marks in Tamil paper for Group IV Government Posts

“Group IV Government employees engage in direct communication with the public for which knowledge of Tamil is essential and requirement of 40% marks in language paper is Sine Qua Non for Efficient Discharge Of their functions”

Legislation Updates Notifications

SEBI issues Master Circular to include all previous circulars related to Foreign Portfolio Investors, Designated Depository Participants, and Eligible Foreign Investors

The issuance of this 2024 Master Circular rescinds 7 previous circulars related to Foreign Portfolio Investors, Designated Depository Participants, and Eligible Foreign Investors

Case Briefs High Courts

Can a writ of habeas corpus be issued in matters of child custody? Allahabad HC explains

“In child custody matters, the remedy ordinarily lies under the statutory law, or the personal law, as applicable in the facts of the case; however, in cases which justify the exercise of the extraordinary discretionary jurisdiction under Article 226, a writ of habeas corpus would be issued where it is demonstrated that the detention of minor child, is illegal or without any authority of law.”

Case Briefs High Courts

Delhi High Court quashes reassessment proceedings against Progress Rail Locomotives

The Court evaluated Art. 5 of India-USA Double Tax Avoidance Agreement to determine whether Progress Rail has Permanent Establishment in Noida and Varanasi and whether reassessment proceeding can be initiated upon them or not.

Case Briefs High Courts

‘Every possibility for prudent man to lose temper on seeing wife with another man’: Meghalaya HC modifies husband’s conviction u/s 302 for killing wife’s ex-husband

“On noticing the presence of the ex-husband (deceased) in his house, the husband caused the death of the deceased in order to safeguard his right over person (wife) without any premeditation or intention. The case fell within the ambit of Exception 2 to Section 300 of the IPC on the ground of it being unintentional and consequently, it is culpable homicide not amounting to murder.”

Case Briefs High Courts

Limitation period for Government Applications governed by Art. 114(a) of Limitation Act, not Section 378 CrPC; Sikkim HC clarifies

The Court was of the view that both, the applicant in viewing the requirement of filing the appeal within six months as per S. 378(5) CrPC; and the respondents contending that the appeal should have been filed within sixty days as per S. 378(5), were equally incorrect.

Case Briefs High Courts

Central Council of Homeopathy is ‘Industry’ as per Industrial Dispute Act: Delhi HC upholds reinstatement of compulsorily retired workman

The Delhi High Court said that Section 33-A is a special provision which aims to adjudicate as to whether conditions of a service, etc. have been changed during the pendency of proceedings before an Industrial Tribunal.

Case Briefs High Courts

Kerala HC directs the State to implement measures for effective waste disposal across Kochi

“Reports indicate that the waste removed from the drains in Kochi are stocked and accumulated on the side of the drains itself, without its further removal. The Kochi Corporation shall file a report regarding the steps taken to clear such waste from the sides and the persons responsible for carrying out the work.”

Case Briefs High Courts

‘Process might not complete within fixed timeline’; Delhi HC dispenses with the direction to capture biometric of advocates/registered clerks for issuance of proximity/identity cards

The timeline was stipulated by the Delhi High Court in a previous judgment for the issuance of identity cards to the law researchers being treated as bona fide advocates.

Case Briefs High Courts

“Allowing private shrines on public land will be disastrous”; Delhi High Court dismisses petition to demarcate alleged Shrine Land on Yamuna Floodplain

The Delhi High Court said if each Sadhu, Baba, and Guru is allowed to build a shrine on public land and thereby, continue to use it for personal gains, it would lead to disastrous consequences jeopardizing larger public interest.

Case Briefs High Courts

‘Annoyance to others’ a prerequisite to invoke offence under Section 294 of IPC; Allahabad HC quashes criminal case

The issue of “obscenity or indecency per se” will not arise until or unless there is evidence on record to see that a person at a given time witnessing particular obscene act is actually annoyed or not.

Case Briefs High Courts

Bail in NDPS | Orissa High Court grants bail to accused possessing 22 kgs Ganja for being a first-time offender

“The Court noted the progress in the investigation and directed to release the accuse. However, it was clarified the order shall not be implemented if it is discovered that the accused has any criminal antecedents.”

Case Briefs High Courts

‘Criminal justice not one-sided, balance b/w conflicting rights & duties must be drawn’; Orissa HC permits recall of witness at stage of death reference

The Court permitted to put the questions mentioned in the questionnaire to the informant in the cross-examination. Regarding the evidentiary value of the same, the Court added that it will be decided during hearing of the criminal appeal and the application for confirmation of sentence.

Case Briefs High Courts

Delhi HC directs DDA & MCD to frame rules on levy of charges for illegal encroachment on public land

The Court stated that for ascertaining the charges to be recovered from the encroacher, the land-owning authorities shall consider the area of encroached land, period for which the encroached land was illegally used, the market price or circle rate of the encroached area.