Arunima, Author at SCC Times

Rape matters cannot be resolved through money or out of court settlements; Delhi High Court rejects quashing of rape FIR despite settlement

‘Money, it seems, is to be exchanged for getting a quietus to the present criminal proceedings for offence of rape—a proposition that is not only immoral but also strikes at the very core of our criminal justice system.’

Case Briefs High Courts

Is it permissible for an employer to process the resignation request that earlier declined to process? Delhi High Court examines

In Sashastra Seema Bal, nobody can resign as per his own whims and fancies and it is for the Central Government to consider such request, having regard to the special circumstances of any such case and it may eventually accept the resignation with effect from such date as it may consider expedient.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CAT grants interim protection to 17 KVS Primary Teacher (Music) candidates over ‘communication gap’ grievances, subject to final outcome

The case was filed, compelled by the absence of communication regarding the outcome of the selection process for the post of Primary Teacher (Music) despite an active participation, whereas other candidates received offers of appointment while keeping her in the dark about the status.

Case Briefs District Court

Delhi Court acquits accused under Section 138 NI Act on failure to establish debt adjustment

The complainant woefully failed to account for the amount of Rs 6,11,071/- which was due on him towards the accused. Therefore, it cannot be said that the amount represented on the cheque in question was a legally recoverable debt.

Case Briefs High Courts

Delhi High Court dismisses defamation suit against Senior Advocate applying Doctrine of Absolute Privilege

“While one cannot quibble with the broad proposition that a person, while exercising his right to free speech, cannot make reckless utterances, which tantamount to defaming another person, it has certain exception like utterances made during Parliamentary or Judicial proceedings.”

Case Briefs High Courts

Delhi High Court rules suspension of Members of 7th Delhi Assembly as unlawful; Directs rejoining

Delhi High Court underscored the importance of upholding procedural fairness and constitutional principles in legislative proceedings while acknowledging the authority of the House to maintain discipline and order within its precincts.

Case Briefs District Court

Application under Section 12 DV Act cannot be transferred to Family Court u/S 408 CrPC; Delhi Court reiterates

The Court affirms the exclusive jurisdiction of Magistrates in adjudicating applications under Section 12 of the Act, thereby ensuring clarity and coherence in the administration of justice.

Case Briefs High Courts

A bad husband is not necessarily a bad father; Delhi High Court grants divorce to husband on grounds of cruelty by wife

Howsoever abysmal the differences maybe between the spouses, but in no realm can the act of the aggrieved spouse of igniting animosity and hostility in the minor child in an attempt to use the child as a weapon to get even with their spouse, could be justifiable.

Case Briefs High Courts

‘Aggrieved parties in cases of Doxing cannot be rendered remedy-less’; Delhi High Court directs X to reveal subscriber information

The term ‘Doxing’ comes from the phrase ‘dropping documents’ or ‘dropping dox’ on someone, which appears to have originated in 1990s, that involved uncovering and revealing the identity of people who fostered anonymity.

Case Briefs High Courts

Whether state-funded ‘public trust institution’ obligated to provide ‘information’ under RTI? Bombay High Court clarifies

A Full Bench was constituted to consider whether a Public Trust registered under the provisions of Maharashtra Public Trusts Act 1950, which is running an institution that receives a grant from the State is duty bound to supply information sought from it under provisions of Right to Information Act 2005.

Case Briefs High Courts

‘Victim Testimony delay not a ground in POCSO cases’; Delhi High Court denies bail in sexual assault and trafficking case

It is crucial to recognize that delays in the victim’s testimony before the learned trial court, often attributed to the intricate nature of trauma recovery, should not serve as grounds for the accused to seek bail.

Case Briefs High Courts

Delhi High Court dismisses Mahua Moitra’s defamation suit against MP Nishikant Dubey and Jai Dehadrai in Cash-for-Query Case

A defamation suit was filed by Mahua Moitra, a leader of the Trinamool Congress (TMC) against Bharatiya Janata Party (BJP) MP Nishikant Dubey and Advocate Jai Anant Dehadrai seeking to restrain them from making defamatory statements against her regarding accepting bribes in exchange for raising questions in Parliament and sharing her parliamentary account login credentials.

Case Briefs High Courts

Delhi High Court upholds GNCTD’s jurisdiction over UCMSB-Guru Teg Bahadur Hospital administration

Delhi High Court affirmed the Government of National Capital Territory of Delhi’s (GNCTD) authority over the administration of the UCMSB-GTB Hospital. The ruling solidifies the GNCTD’s jurisdiction in healthcare governance, setting a significant precedent for future administrative matters in the capital region.

Case Briefs High Courts

Delhi High Court rules eviction of son and daughter-in-Law; Directs son to pay Rs. 10,000 monthly maintenance under Senior Citizen Act

Rule 22(3)(1) of the Delhi Senior Citizens Rules outlines a procedure for eviction from a senior citizen’s property and sub-rule (iv) allows the authority to conduct summary proceedings and order eviction of a son, daughter, or legal heir for non-maintenance and ill-treatment.

Case Briefs High Courts

‘Pardanashin Woman is not religious but legal concept’; Delhi High Court upholds police authority and women’s dignity beyond veil

In a landmark ruling, the Delhi High Court unequivocally dismissed the antiquated notion of ‘pardanashin,’ affirming that a woman’s dignity transcends cultural stereotypes like the veil. Upholding fundamental rights, the court emphasized that dignity is intrinsic to every individual, irrespective of religious practices.

Case Briefs High Courts

‘No obligation to disclose juvenile offences in employment cases’; Delhi High Court sets aside memo for non-disclosure under JJ Act

Delhi High Court highlighted the commitment to upholding the principles of juvenile justice and protecting individuals from undue repercussions for offenses committed during their minority.

Case Briefs High Courts

Delhi High Court denies bail in alleged forced trafficking and prostitution ring involving Uzbekistan nationals

Delhi High Court noted that the trial in the instant case is at a very initial stage and charges have not been framed yet by the Trial Court, and there are 34 prosecution witnesses to be examined who are prone to influence and pressure.

Case Briefs High Courts

Delhi High Court validates Delhi Medical Council’s mandate for allopathic physicians’ registration

A PIL was filed seeking quashing of a public notice dated 24-12-2023, issued by the Delhi Medical Council (DMC) mandating any person practicing modern scientific medicine (Allopathy) in Delhi must be registered with the DMC as per the Delhi Medical Council Act, 1997.

Case Briefs High Courts

Delhi High Court upholds Delhi University student’s right to academic progress based on regulatory anomaly

The petitioner, a student enrolled in the B.A. (Hons.) English course at Kalindi College, Delhi University, filed a petition challenging the university’s refusal. The court directed the university to declare her second-semester examination result and permitted her to attempt the third-semester examination.

Case Briefs High Courts

Delhi High Court dismisses Mahua Moitra’s plea to restrain media from privacy infringement; upholds freedom of press

Delhi High Court acknowledged the importance of balancing freedom of press and expression with the right to privacy, particularly for public figures like Mahua Moitra, the petitioner, a former elected Member of Parliament from Krishnanagar, West Bengal, affiliated with the All-India Trinamool Congress Party (AITC).