Anushka, Author at SCC Times

‘Reasons required by Rule 9(1) cannot be left in realm of conjecture and surmise’; Delhi HC concurs with CAT to quash decision of Disciplinary Authority

‘The reasoning given for a fresh inquiry was a mere lip service to the requirement of Rule 9(1) and was delightfully left in the realm of conjecture.’

Case Briefs High Courts

Delhi High Court refuses to interfere with Award passed by Arbitral Tribunal in petition by the Airports Authority of India

‘Courts, while evaluating a challenge under Section 34, would not be justified in faulting an award merely because an alternative view was possible or that, in their opinion, a more just conclusion could have been reached.’

Case Briefs District Court

‘All the sanctions were passed without due application of mind’; Delhi Court acquits accused persons alleged to have committed organized crime for lack of legal ingredients to invoke MCOCA

‘Merely by giving a list of past cases, neither existence of crime syndicate nor commission of organized crime stands proved.’

Case Briefs High Courts

Delhi HC directs Karkardooma Court’s counseling center to file affidavit stating why steps were not taken to make wife understand the terms of divorce settlement

‘Even though the official language for proceedings and documentation is English, the authority concerned is duty bound to translate contents of such documents to a person not well versed with the language.’

Case Briefs High Courts

‘Mere violation of Motor Vehicles Act provisions does not amount to negligence’; Delhi HC modifies MACT’s order

‘While determining the issue of negligence, the courts are not subjected to apply the strict principles of evidence to motor vehicle accident cases as the standard of proof required in such cases is one of preponderance of probabilities.’

Legislation Updates Notifications

BCI prohibits usage of ‘Indian’, ‘National’ and other terms of ‘national significance’ in legal events/moots without necessary approval

‘The false impression created by usage of terms such as ‘National’, ‘Indian’, etc. can distort participants’ understanding of the event’s stature and authority, leading them to believe that they are attending a government-sanctioned event.’