Editor_4, Author at SCC Times

[Uphar Cinema Fire Case] A fictional rendition of trials and tribulations cannot be presumed to be defamatory; Delhi High Court denies restrain order against web series ‘Trial by Fire’

If the court were to find that the material which is likely to be broadcast or published already exists in the public domain and has existed as such for a considerable period without an objection having been raised, that too would detract from the right of the plaintiff to seek ad interim injunctive relief.

Case Briefs High Courts

Allahabad High Court| Application of law should be the same for all, and no special treatment shall be given to any person depending upon his position, power and place in society

Allahabad High Court said that police personnel are not above the law and the application of law and legal provisions should be one and the same for all and no special treatment shall be given to them.

Case Briefs High Courts

Delhi High Court | Central Armed Police Forces is part of Indian Armed Forces; Delhi High Court holds CAPF to be governed by old pension scheme

Article 246 read with List 1 Entry 2 of the Seventh Schedule of Constitution of India envisages Armed Forces of the Union of India and includes “Naval, Military and Air Forces; any other armed forces of the Union”

Case Briefs Supreme Court

Supreme Court| Procuring medicines only from IMPCL & not from others mentioned under National AYUSH Mission Operational Guidelines is arbitrary

Inviting tenders from the entities mentioned in paragraph 4(vi)(b) of the National AYUSH Mission Operational Guidelines is the most transparent and non-arbitrary method of allocation that can be undertaken. Hence, the appellant must henceforth purchase Ayurvedic medicines only through a free and transparent procedure such as tenders, and deviation from this rule to procure medicines by nomination can be done, only if exceptional circumstances exist.

Case Briefs High Courts

Section 16 G (3) of U.P. Intermediate Education Act not applicable to the teachers employed in private minority institutions; Allahabad High Court reiterates

U.P. Intermediate Education Act is not applicable to the teachers employed in private minority institutions. Thus, the teachers do not have the right to invoke the powers of the High Court, under Article 226.

Case Briefs High Courts

Allahabad High Court issues bailable warrant against Sanjay Prasad, UP Principal Secretary for Contempt of Court

Allahabad High Court said that the conduct of Sanjay Prasad shows deliberate and willful disobedience of the orders passed by the writ Court as well as this Court. Thus, it issued bailable warrants against him.

Case Briefs High Courts

Delhi High Court dismisses petition filed by Association for Democratic Reforms for constituting an independent tribunal to oversee enforcement of Foreign Contribution (Regulation) Act, 2010

The Delhi High Court Delhi dismissed plea for constituting independent tribunal or committee to oversee enforcement of the Foreign Contribution (Regulation) Act, 2010 (FCRA) and held that mere apprehension that the Act was capable of being misused was no ground to create an independent body to oversee the functioning of the FCRA.

Case Briefs District Court

Mere call detail records are not sufficient to proceed against the accused; Saket Court, Delhi releases accused charged for conspiracy and murder

Saket Court, Delhi released an accused charged for conspiracy and murder and the Court held that mere call detail records were not sufficient to proceed against the accused.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT constitutes High Level Committee to combat Pollution in River Yamuna

NGT constitutes High Level Committee to be headed by Lieutenant Governer, Delhi to combat unabated pollution caused in River Yamuna and directed to adhere to the timelines laid down.

Case Briefs High Courts

[YashRaj Copyrights case] Delhi High Court issues summons and notice to the American video sharing application ‘Triller’

The plaintiff contended that the impugned platforms contained various features, such as the audio extraction feature, which are beyond the limited role of an intermediary specified under Section 79 (2)(a) of the IT Act, thereby disentitling the defendant from the 'safe-harbour' protection guaranteed to intermediaries under the IT Act.

Case Briefs Foreign Courts

Eskom’s cry about risk of collapse of national grid rings hollow in the face; Constitutional Court of South Africa directs Eskom to supply electricity

The Supreme Court of Appeal dismissed an appeal against the judgment and order of the High Court of South Africa, directing the applicant, Eskom to supply electricity to the two defaulting municipalities pending the institution of review proceedings.

Case Briefs High Courts

Madras High Court| Prison administration needs to be reformed to create a better environment and prison culture to ensure that prisoners enjoy their right to dignified life

Madras High Court said that, while dealing with the issue involved in this public interest litigation, the following words of the South African anti-apartheid activist, Nelson Mandela resonate in their mind – “No one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones”.

Case Briefs Supreme Court

Only a secured property used as agricultural land can be exempted under SARFAESI Act; Supreme Court sets aside Telangana High Court’s order

Supreme Court opined that instead of shifting the burden of proof on the secured creditor to prove that the secured property was not agricultural property, the Telangana High Court should have laid down the burden of proof on the borrowers.

Case Briefs High Courts

Rajasthan High Court quashes notice issued under Section 148 of the Income Tax Act for non-supply of ‘reasons to believe’

“Sufficiency of material is one thing and supply of the same is another, which is mandatory in nature. Therefore, the non-supply of the material referred to in the reasons to believe would be enough to render the proceedings bad, even though the material for forming the opinion may be sufficient.” observed the Court.

Case Briefs High Courts

Delhi High Court | Delhi Land Reforms Act, 1954 not applicable to the land which has been declared urbanised and had lost its agricultural character

The Delhi High Court held that the Delhi Land Reforms Act, 1954 would not be applicable to the land which had lost its character as an agricultural land and was declared an urbanized land in view of the notifications passed by the Delhi Development Authority and Ministry of Urban Development.

Case Briefs High Courts

[JJ Amendment Act, 2021] Bombay High Court stays the change of exclusive jurisdiction over all adoptions including foreign adoptions from Courts to DM

The petition was filed challenging the vires of the Juvenile Justice (Care and Protection of Children) Amendment Act 2021 to the extent that the word ‘Court’ is replaced with ‘District Magistrate’

Case Briefs High Courts

Delhi High Court grants bail to an accused allegedly engaged in cheating citizens of the United States of America from a fake call center

Delhi High Court: In a bail application filed by the accused, Kapil Taneja, seeking bail for alleged offences under Sections 419, 420,

Case Briefs High Courts

Guilt not established beyond reasonable doubt and to the satisfaction of the judicial conscience; Allahabad High Court acquits acid attack convict

Allahabad High Court said that the Trial Court has erred in scrutinising and analysing the evidence on record and the finding in respect of the guilt of convict is perverse and not according to the law. Therefore, it granted benefit of doubt to the convict on the ground of rule of caution.

Case Briefs Supreme Court

Including parole period while determining 14 years’ actual imprisonment for premature release may lead to influential persons applying for multiple paroles: SC

Supreme court has upheld a decision by the Bombay High Court that the period of parole should be excluded from the period of the sentence when considering 14 years of actual imprisonment for the purpose of premature release of convicts.

Case Briefs Foreign Courts

Court of Appeal | Application of Principle of Separability requires a legally binding arbitration agreement

The Court of Appeal upheld the decision of the High Court setting aside the arbitral award observing that the application for the Principle of Separability requires a binding arbitration agreement.