Bombay High Court denies appointment of arbitrator for dispute against MSME
Bombay High Court held the instant applications under Section 11 of Arbitration Act as non-maintainable and dismissed the said applications.
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‘Failed to implement 4% reservation criteria for persons with benchmark disability’; Delhi HC sets aside 2018 recruitment advertisement published by Kendriya Vidyalaya Sangathan
“An act of discrimination is not only a denial of promise of equal protection before the law. Rather, every act of exclusion is an assault on the dignity of a person. Instead of providing an equal space to grow, we have been compelling the persons with disabilities to prove, time and again, that they are capable of a lot more than we think.”
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‘Irretrievable break down of marriage’ not a straight-jacket formula for divorce under Article 142: Supreme Court
The Supreme Court considered an appeal seeking divorce for husband and wife aged 87 years and 82 years respectively, on the ground of irretrievable breakdown of marriage.
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NIA Special Court grants bail to General Secretary of Social Democratic Party of India alleged to be a member of Popular Front of India (PFI)
The Court stated that the objections raised by respondent that if petitioner was released on bail then he may abscond to evade criminal justice, are untenable because the petitioner is a Secretary for SDPI political party.
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Rule 3(1)(a) of Electricity Rules and Proportionality Principle | Apply Weighted average method for proportional electricity consumption if captive user’s shareholding in CGP fluctuates: SC
The weighted average shareholding method is applied by taking average shareholding held by particular shareholder for the year for the purpose of calculating proportionate electricity required to be consumed by it in terms of the second proviso of Rule 3(1)(a).
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Non-possession of valid Permit entitles Insurance Company to recover compensation paid, from the owner of vehicle: Delhi High Court
“Right to recover the compensation will also be available to the Insurance Company where the offending vehicle is being operated at the time of the accident at a place for which it does not have a valid Permit.”
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“Parameters for approval to investigate a public servant are not as stringent as the parameters for granting sanction to prosecute a public servant”: Karnataka HC
“If the aspersions cast on the integrity of a public servant and the Investigating Officer harbours a view that an investigation is necessary, it would be in the interests of both the Government and the public servant that such a nagging suspicion is obliterated”.
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Humans of Bombay cannot claim copyright on images, photographs or videos; Delhi High Court refuses injunction against People of India
The present suit relates to the idea of a storytelling platform, there can be no monopoly over the running of such a platform. However, all such platforms that share stories about various individuals/subjects would be attaching/incorporating their own creative ways to communicate and disseminate the said stories, which constitute the expression. Such expression is protectable under Copyright law.
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Delhi High Court upholds ASI’s selection procedure for obtaining new licence to work as photographers in protected monuments
“Primary aim of refresher course is to strengthen knowledge of old photographer in the light of advancement that has occurred in field of photography, equipment and related techniques, digital mode, etc. The refresher course is intended to upgrade all old school photographers and enhance their knowledge and skill, as digital technology has modified entire process of camera and photographs.”
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[Good day v. Good time] Delhi High Court grants interim injunction in favour of Britannia Industries, restrains sale of Good Time cookies
“If an ad interim injunction is not granted in the present case it will cause irreparable loss to the plaintiff, as the defendants’ packaging is deceptively similar to that of the plaintiff’s, which causes confusion to the customers.”
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Bombay High Court| Wearing short skirts, dancing provocatively or making gestures cannot be per se obscene acts
Taking a narrow view as to what acts could constitute an obscenity would be a retrograde act. Surely the provisions of Section 294 of IPC would not apply to all the situations and thus, the Court cannot countenance a situation where acts such as the ones referred to in the FIR would be judged by a Police Officer, who in his personal opinion considers them to be obscene acts to cause annoyance to any member of the public.
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No public interest involved in distributorship decision amidst land ownership dispute; Calcutta High Court upholds LPG distributorship grant
Calcutta High Court held that when a decision involves a commercial transaction, it is primarily governed by commercial considerations not any public interest.
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Recording phone conversations without consent violates right to privacy under Article 21 of the Constitution: Chhattisgarh High Court
“The Family Court has committed an error of law in allowing the application under Section 311 of Criminal Procedure Code, 1973 along with the certificate issued under Section 65 of the Indian Evidence Act, 1872.”
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Arbitrator’s failure to decide on Interest Claim amounts to a “Decision”, Calcutta High Court allows challenge under Section 34 of Arbitration and Conciliation Act
Calcutta High Court held Arbitrator’s refusal to decide question of interest under the MSMED Act constitutes a “decision” and therefore, can be challenged under Section 34 of the Arbitration and Conciliation Act, 1996.
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SC grants bail to accused in minor’s gang rape case considering the 5 years period spent in custody and slow progress of trial
Earlier, the Bombay High Court had refused to grant bail to the accused considering the seriousness of the offence.
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NCLT orders initiation of Insolvency Process due to default in payment and bounced Post-Dated Cheques
NCLT held that the Corporate Debtor failed to prove a pre-existing dispute to justify the rejection of the Section 9 application.
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Maintenance proceedings under Hindu Adoptions and Maintenance Act, 1956 are not suits, ad valorem court fee not liable to be paid: Delhi High Court
“The Family Courts Act, 1984 was enacted pursuant to the 59th Report of the Law Commission wherein it was stressed that in dealing with the disputes concerning the family, the family court should adopt an approach radically different from that adopted in ordinary civil proceedings.”
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‘Jurisdiction under Article 227 is vast, should be exercised sparingly’; Calcutta High Court upholds lower court’s order to condone delay
“By the Civil Procedure Code (amendment Act, 1999) the scope of Section 115 of the code has been curtailed but that does not mean that due to such curtailment, the High court’s power of superintendence under Article 227 has been expanded.”
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Know how the Question of abortion versus preterm delivery for unplanned pregnancy led to Supreme Court split verdict
A letter was received by ASG seeking clarification from the Court regarding whether foeticide can be done before termination process since the baby was viable, and that if that was not done, it would be a preterm delivery and not a foeticide.
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‘Various measures already taken by State to address interests of orphaned children due to COVID’; Delhi High Court dismiss petition
LADLI Scheme, Delhi Pension Scheme for Women in Distress, National Family Benefit Scheme and Delhi Pension Schemes for Women in Distress and National Family Benefit Scheme are few schemes for orphaned children who lost either one or both parent(s) on account of COVID-19.
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