Editor_4, Author at SCC Times

Delhi High Court requests Chief Justice to formulate Division Bench for deciding issues relating to plurality of inventions u/s 16 of Patents Act, 1970

“The application could not have been rejected solely on the ground that the plurality of inventions was not specifically contained in the claim, and only in the disclosure contained in the complete specifications.”

High Court Round Up Legal RoundUp

HIGH COURTS JULY 2023 WEEKLY ROUNDUP| Stories on PayPal; Highway Tender Scam; WB Teacher Recruitment Scam; Maternity leave; and more

A quick legal roundup to cover important stories from all High Courts this week.

Case Briefs Supreme Court

Explained| Why SC granted bail to Vernon Gonsalves and Arun Ferreira in Bhima Koregaon Violence case

Vernon Gonsalves and Arun Ferreira were charged with several offences under IPC and Unlawful Activities (Prevention) Act, 1967 and they were alleged to have played an active role in recruitment of and training for cadres of the Communist Party of India (Maoist).

Case Briefs District Court

Court giving further directions after accepting Untrace report does not amount to review of order: Gurgaon Court

Gurgaon Court: In a complaint filed under Section 190 of the Code of Criminal Procedure , 1973 (‘CrPC’) to take cognizance of

slp under article 136 against ncdrc order

Case Briefs Supreme Court

Consumer Dispute| Supreme Court explains the scope of maintainability of SLP under Art 136 against NCDRC orders

The Court explained that the power to special leave is an exceptional and overriding power, naturally it must be exercised sparingly and with caution and only in very exceptional situations. It will only be used to advance the cause of justice and its exercise will be governed by well-established principles.

Case Briefs High Courts

‘School Leaving Certificate has no independent evidentiary value in proving DOB of Rape victim’: Orissa HC

The Court found that there was absence of concrete proof of age of the minor victim, therefore, the charge under Section 6 of the POCSO Act was not proved, instead the appellant was convicted under Section 376(1) of the IPC.

Case Briefs High Courts

Discharge of Sureties |Courts should not initiate criminal proceedings against the surety in case he seeks to discharge himself: Orissa HC

The forfeiture of the bail bond without giving the opportunity of hearing to the surety is illegal and derogates principles of natural justice.

Case Briefs High Courts

Prior approval of Directorate of Education is mandatory for passing termination order under S.8(2) of Delhi School Education Act, 1973: Delhi High Court reiterates

“During the pendency of the present petition, the petitioner had reached the age of superannuation. Therefore, the Court held that ends of justice would be met if petitioner was directed to be paid compensation in lieu of reinstatement and back wages.”

Hot Off The Press News

Bhima Koregaon Violence | SC grants bail to Vernon Gonsalves and Arun Ferreira

Earlier, the Bombay High Court had denied the plea of Vernon Gonsalves and Arun Ferreira.

Case Briefs High Courts

‘Balancing public safety and industrial needs’: Delhi High Court rejects total ban on acid sales, emphasizes stringent implementation of existing rules

“A total ban could have unintended consequences, affecting sectors where acid is responsibly and safely utilized. Therefore, striking a balance between public safety and the legitimate uses of acid for industrial and other regulated purposes is crucial.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Schneider Electric withdraws appeal against SEBI’s Order; SAT directs it to comply with the order

SEBI had directed the French company to either re-list on a nationwide stock exchange or provide an exit opportunity to its public shareholders through the delisting mechanism.

Case Briefs High Courts

‘Children are future of the country’: Delhi High Court stresses accountability in PM-POSHAN Scheme after allegations of rotten food items

“The seriousness of the allegations in the case at hand and its impact on children, who are the future of the country, cannot be overlooked. It is the duty of the petitioner to ensure that nutritious meal is provided to the children for their development.”

Case Briefs High Courts

Uttaranchal High Court directs presence of Animal Husbandry, State Animal Welfare Board Officials over ill-treatment of Equines on pilgrimage routes

“District Magistrates might join the proceedings virtually, whereas the Secretary, Animal Husbandry and the Chairperson of the Executive Committee of the State Animal Welfare Board should personally remain present in Court, to assist the Court.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Illegal Sand Mining on Yamuna Banks| NGT directs HSPCB to take Disciplinary Action against Regional Officer for Negligence

The Tribunal noted that the activity of illegal sand mining was within the knowledge of the Regional Officer, HSPCB and still the Unit was permitted to operate without valid Consent to Operate.

Case Briefs High Courts

S.439(2) confers power only on High Court or Court of Session to cancel bail granted under S. 436 of Cr.PC: Orissa HC

When it comes to the curtailment of the liberty of a person, it becomes incumbent for the Court to follow the principles of natural justice by giving the opportunity of hearing to the accused

Case Briefs High Courts

‘Telephonic conversations for brief period cannot be construed as hearing’; Delhi High Court sets aside order passed in violation of S. 75 of CGST Act

“The opportunity of hearing, which the Officer is statutorily required to give to the person against whom an adverse decision is contemplated, is not an empty formality, and is a well-recognised principle of audi alteram partem, which has rightly been incorporated in Section 75(3) and 75(4) of the CGST Act.”

Case Briefs High Courts

‘Personal guarantor’s claim of getting right to be heard at belated stage not sufficient’; Delhi High Court dismisses petition, leaves matter open for NCLT

“If in the present case, the petition is entertained, it will eventually subvert the procedure laid down under the Insolvency and Bankruptcy Code, 2016 and the respondent in return will be denied the opportunity to present their case before the concerned NCLT.”

Case Briefs High Courts

[Persons with Disabilities] ‘Struggling to be heard’; Delhi High Court requests ASG to represent Centre for effective adjudication of matter

“This Court is saddened to see such a sorry state of affairs, where members of the petitioner Society, being persons with disabilities and, over and above everything else, being citizens of this Country having an order in their favour passed by a Statutory Authority in 2019, are being compelled to move pillar to post seeking implementation of their rights.”

Case Briefs Supreme Court

‘Courts cannot lose sight of serious accusations against an accused while granting bail’; SC sets aside cryptic and casual bail order

The Supreme Court said that due consideration must be given to the facts which are suggestive of the nature of crime, the criminal antecedents of the accused and the nature of punishment that would follow a conviction vis-à-vis the offences alleged against an accused.

Case Briefs Supreme Court

SC warns States/UTs for failure to submit response on National Policy on Menstrual Hygiene

The Court directed the States and Union Territories to submit their responses positively by 31-08-2023.