Editor_4, Author at SCC Times

Singapore HC upholds Final Award in arbitral proceedings over sale and purchase of lab-grown gemstone jewellery company shares

The Court noted that, “To attract curial intervention, it must be established that the breach of the rules of natural justice must, at the very least, have actually altered the final outcome of the arbitral proceedings in some meaningful way”.

Case Briefs High Courts

‘Hospitals can’t insist on police complaint as condition to provide medical care’: Bombay HC

“Grant of medical aid to any person is directly concomitant with the guarantees of Article 21 of the Constitution.”

Case Briefs High Courts

Confiscation of goods cannot be done on estimates when option of physical verification is available; Allahabad High Court quashes order of confiscating stock and imposing penalty

“The burden of proof for confiscation of goods is on the Department and the procedure cannot be done merely on estimates when a physical verification can be carried out.”

Case Briefs High Courts

‘Fair and Handsome’ v. ‘Glow and Handsome’; Calcutta HC rules in favour of Emami in Passing Off Dispute Against Hindustan Unilever

Unfair advantage through conscious adoption of a competitor’s mark leads to potential confusion and deception”

Case Briefs High Courts

Bombay HC allows acid attack victims to seek compensation beyond limitation period provided in Maharashtra Victim Compensation Scheme

Bombay High Court directed the acid attack victims to make an appropriate application within a period of four weeks from the date of this judgment.

Case Briefs High Courts

[S. 115 CPC] | ‘The Pension Act, 1871 not enforced in Sikkim’; Sikkim High Court holds that claims to be made under State Pension Rules

The Court held that the Sikkim Government Pension Rules do not prohibit the revisionist from entering into a compromise deed with the respondent, therefore, the former is bound by the deed.

Case Briefs High Courts

‘Hindrance to traffic, free movement of people not a ground to reject permission for conducting political rallies’; Madras HC allows BJP President JP Nadda to conduct rally from alternative route

Madras High Court directed the District Secretary to comply with the conditions imposed by the Election officer and Police, and all the parties were directed to ensure that the rally takes place peacefully without giving rise to any law-and-order problem

Case Briefs High Courts

Bombay HC grants interim bail to accused; doubts compliance of law by police

The Court stated that the allegations against the police officers are serious, and the latter need to respond to them.

Case Briefs High Courts

‘25% of net income of husband is just and proper as maintenance to wife’; Allahabad HC dismisses husband’s revision plea for alteration of maintenance

The proceeding u/s 125 CrPC. is summary in nature in which only prima facie it has to be seen that the applicant is the wife of opposite party. It is a social legislation enacted for protecting the wife, minor children, and parents of a person from vagrancy and destitution.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Undertake scheme for storm water drainage in Deoria’; NGT issues directions to prevent water logging and pollution while constructing drains

For the construction of drainage system, earth was excavated in violation of environmental norms causing pollution in Deoria.

Case Briefs High Courts

Read why Kerala HC declined bail to accused persons in Puthiyakavu Temple blast case

Kerala High Court remarked that Kerala has a grim history of fireworks-related accidents

Case Briefs High Courts

Google Play not a payment aggregator; Calcutta High Court dismiss Hoichoi’s plea against Google Play Store delisting

The extracts of the relevant web-pages furnished by the Hoichoi, the petitioners, themselves go on to show that the Google Play platform merely offers different payment methods but does not itself Act as a PA.

Hot Off The Press News

CBI takes over probe and registers FIR; Kerala High Court closes veterinary student’s death case

A second-year student studying in College of Veterinary and Animal Sciences in Pookode, Wayanad was found hanging in the hostel due to alleged torture and ragging.

Case Briefs High Courts

Orissa HC directs Sambalpur University to pay 5 lakh compensation for wrongly declaring student as ‘fail’, causing loss of 10 years of professional life

“Loss of efficient examination conduction can cause anxiety and uncertainty among students while hindering their ability to make informed decisions, and such actions should be compensated by the authorities concerned.”

Case Briefs High Courts

Murder convict acquitted by Jharkhand High Court after eight years due to insufficient circumstantial evidence

The Court noted that the conviction was solely based on last seen evidence and it was not corroborated with any evidence, hence it could not be said to be just and proper.

Case Briefs High Courts

Bombay HC initiates suo motu PIL against BMC after news reports raise questions on the death of 2 young children by drowning in water tank maintained by BMC

It seemed inconceivable to the Court that a Municipal Corporation could have no responsibility or liability at all when it is demonstrated that an accident or a death has been caused due to such Corporation’s negligence.

Case Briefs High Courts

[S. 311 CrPC] Discrepancies in examination and cross examination no ground to recall witnesses: Allahabad HC

“Hindu Marriage Act, 1955 merely provides saptpadi as an essential ceremony of a Hindu marriage and it does not provide that the ceremony of kanyadan is essential for solemnization of a Hindu marriage”

Case Briefs District Court

Imposing penalty of Rs. 20,000 for driving BS-3 and BS-4 cars u/s 194 MV Act is arbitrary: Gurgaon Court

Transport Commissioner, Government of Haryana passed an order restricting the use of BS-3 petrol and BS-4 diesel vehicles and the violation of the said order would attract prosecution under Section 194(1) of the MV Act.

Case Briefs High Courts

Read why Madras HC allowed TN Govt. to withdraw cases against CM MK Stalin and Water resources Minister Durai Murugan

Madras High Court also closed the impleading application filed by AIADMK former Member of Parliament J. Jayavardhan, as it would be a futile exercise to allow the application when the appeals had been withdrawn.

Case Briefs High Courts

Bombay HC dismisses PIL filed by Auto Rickshaw and Bus Unions against levy of additional fee under MV Rules, 1989

The petitioners questioned the levy of additional fee for renewal of driving license and renewal of registration certificate in case of motorcycles and other classes of non- transport vehicles under Rules 32 and 81 of Motor Vehicle Rules, 1989 and termed the same to be as a penalty in disguise.