Arushi, Author at SCC Times

Delhi High Court dismisses Amtek Group promoter’s petition to quash his arrest and remand orders in money laundering case

It is not the petitioner’s case that he was not supplied with the grounds of arrest at the time of the arrest and prior to the remand being sought. The remand application was detailed, and contained, effectively the same set of facts as were stated in the grounds of arrest.

Case Briefs High Courts

‘No mention of accused persons awareness of caste at time of alleged incident; even otherwise remarks not made in public place’: P&H HC quashes SC/ST Act case

In the present case, the complaint remained pending for several years and no application was filed by Respondent 2. Now, no purpose would be served by ordering the prosecution of the accused persons, after a long delay of 14 years, when Respondent 2 and his co-accused have already been convicted in a criminal trial, relating to the same occurrence.

Case Briefs High Courts

‘Army authorities chose to relieve themselves from onerous obligations’; Punjab and Haryana HC upheld disability pension of a soldier discharged from service on compassionate grounds

Respondent 1 was enrolled in Indian Army and was discharged from service on compassionate grounds. During his service, he incurred the disability of ‘Sensori Neural Hearing Loss B/L-H90′. Respondent 1’s disability element claim was rejected by the Competent Authority on the ground the disability is assessed as less than 20%.

Case Briefs High Courts

‘Individual’s reputation integral part of personality, cannot be unjustly tarnished under guise of freedom of speech’: Delhi HC grants interim relief to Harsh Beniwal

“The video recorded by Defendant 1 is extremely offensive, sexually explicit, foul and filthy utterances were made in the said video by Defendant 1 against the plaintiffs, which per se shocks the conscience of the court.”

Case Briefs High Courts

‘Voluntarily accompanying accused in crowded place; no injury marks on body parts of victim’; Punjab and Haryana HC acquits rape accused in a POCSO case

The Court observed that the victim in her cross-examination had candidly spoken, that there was no talk between her and the accused regarding marriage proposal. Therefore, the sexual intercourse, if any, which occurred between them, is not a sequel of any allurement of marriage.

Case Briefs High Courts

‘No reason to interfere with dismissal at belated stage, especially when conduct not above board’; P&H HC upholds police constable’s dismissal made in 1995 for relations with extremist group

From the perusal of the reports received from State of West Bengal, it is observed that the petitioner was misusing his official position. The petitioner went to Kolkata without informing his seniors and without getting prior approval. He was posing himself as Gunman of purported President of District Congress Dal, Amritsar.

Case Briefs High Courts

Courts may not interfere in cases where sufficient reasons are contained in Medial Report; Delhi HC upheld ineligibility of an aspirant seeking admission in medical course

In the present case, highly qualified and experienced medical doctors were to render an opinion as to whether the appellant is eligible to complete the MBBS Course, even if the appellant was to only become a teacher. That opinion had been rendered in detail.

Case Briefs High Courts

Apprehension in victim’s mind about use of criminal force by gesture sufficient; actual use of criminal force not required to attract Section 353 of IPC: Jharkhand HC upholds conviction

In the present case, there are concurrent findings that the accused persons abused the informant while he was discharging his duty in his office-cum-chamber and insulted him before public and subordinates. Further, the informant was pressurized to issue death certificate, which he was otherwise not agreeable to issue, after explaining the reasons.

Case Briefs High Courts

Chhattisgarh HC upholds compensation of around Rs. 10 lakhs payable by State Power Company to deceased’s family, who died due to electric shock in bathroom

“Considering the nature of job of the deceased, her age, the number of dependents and the various decisions of the Supreme Court, the amount awarded by the Trial Court cannot be termed as excessive or exorbitant, rather it appears to be a just and proper compensation.”

Cases Reported Never Reported Judgments

NRJ Series| Spontaneous utterances by deceased, immediately after shooting, falls squarely within Section 6 illustrations (a) of Evidence Act; If believed, can be acted without corroboration [(1954) 2 SCC 214]

This report covers the Supreme Court’s Never Reported Judgment, on Section 6 of Evidence Act, 1872, dating back to the year 1954.

Case Briefs High Courts

Jharkhand HC directs State to regularize services of a man appointed on daily wage and later contractual basis for utilizing his services from 2008

In violation of the constitutional mandate to make appointment on regular basis, the State of Jharkhand appointed the appellant on daily wage basis and subsequently, on contractual basis and were utilizing the services of the appellant. There was no valid explanation for the same.

Case Briefs High Courts

Financial loss to a person/institution by mere Advocate’s opinion cannot be a ground for prosecuting him; intention to defraud and active participation required: Chhattisgarh HC

The allegation against the petitioner is that being an Advocate, he has given the search report based on which loan was disbursed and later it was found that the loan was disbursed to a person who did not even have property which was mortgaged in his name.

Case Briefs High Courts

Delhi Police to coordinate with social media platforms and prepare handbook for timely information from these platforms: Delhi High Court

The said handbook can include the details of the way the requests have to be made and the details of the Nodal Officers of these platforms. In case any training is required, the Commissioner of Police may also call for meeting with the platforms and hold training sessions for Police Officials.

Case Briefs High Courts

‘Legal profession is noble profession’; Punjab and Haryana HC refuses to quash punishment of a law student disqualified from appearing in university exam for 2 years

The petitioner while appearing in first semester in the subject of Law of Contract was found with handwritten notes, which were in his own handwriting and the same answers were copied at Pages 16 and 17 of answer book.

Case Briefs High Courts

‘Latent construction defects were root cause’; DDA to pay Rs. 11 lakh compensation to family of man who died due to sudden collapse of apartment’s balcony: Delhi HC

It was evident that the present issue exceeded simple seepage or dampness. An ordinary person cannot be expected to detect structural defects in their balcony. Notably, the Flat Resident Association has repeatedly alerted the DDA of poor construction quality and substandard materials, but their concerns were consistently ignored.

Case Briefs High Courts

Delhi HC provides relief to INOX India in Copyright Registration Appeal; directs Registrar of Copyrights to issue fresh Copyright Registration Certificate after rectification

The remarks mentioned in the Copyright Registration Certificate is that the artistic work shall not be used in relation to any goods or services and the copyright in artistic work should not subsist if the work was applied to an industrial process and reproduced more than fifty times.

Case Briefs High Courts

DM and SSP personally liable in case of violation to follow directions to curb noise pollution; Punjab & Haryana HC directs them to be vigilant and take appropriate steps

It appears that the grievance of noise pollution is a continuous one and will have to be monitored from micro to macro level by the authorities concerned including executive authorities under the State of Haryana.

Case Briefs High Courts

‘Employee’s transfer in transferable service is necessary incident of service career’: Delhi HC upholds transfer of a workman from Delhi to Chennai

Regarding the difficulties regarding education of petitioner’s children, the Court stated that the Labour Court has correctly recorded that children of the petitioner being aged 6 and 4 years, no academic damage would have been caused to their career had the petitioner complied with the transfer order.

Case Briefs High Courts

‘Cases of this nature where provisions are grossly misused, genuine complaints goes into oblivion’; Jharkhand HC quashes criminal proceedings against man accused under SC/ST Act

In the present case, the petitioner has helped one lady against the allegation of incumbent sitting Chief Minister, which clearly suggests that maliciously the case was registered against the petitioner and the investigation was also made with pre-occupied mind.

Case Briefs High Courts

Repeatedly demeaning husband’s religious beliefs, insulting his gods and humiliating him amounts to mental cruelty: Chhattisgarh High Court upholds divorce

In Hinduism, the wife is regarded as the “Sahadharmini”, meaning she shares in the spiritual duties and righteousness alongside her husband. This concept underscores the wife’s essential role in fulfilling religious obligations, particularly in the performance of rituals, where her presence is indispensable.