Arushi, Author at SCC Times

Appeal cannot be transferred to Commercial Court u/s 24(5) of CPC; term ‘proceeding’ under the provision does not include appeals: Andhra Pradesh High Court

This will not mean that the appellant cannot prefer a fresh appeal to the commercial court, Visakhapatnam or such Court which has the jurisdiction.

Case Briefs High Courts

Delhi High Court imposes Rs. 5 lakhs costs on a website for using copyrighted photographs/images of Louis Vuitton without authorization

The Court stated that the defendants shall continue their business of pre-owned goods of the plaintiff. However, the defendants shall conspicuously display on their website that the goods sold by them, are certified pre-owned goods of the plaintiff.

Case Briefs High Courts

Delhi High Court issues directions to ensure respectful, accessible, and efficient admission process for EWS/DG students in private unaided schools

By denying the opportunity for continuous education in a school run by the same society, a pitiable situation frequently arises where, due to the two different identification numbers assigned by the DoE to the school’s junior and senior wings, financial segregation of students is indirectly perpetuated.

Cases Reported Never Reported Judgments

NRJ Series | When Supreme Court dismissed specific performance suit due to ‘flimsy’ oral evidence for existence of agreement to sell immovable property [(1953) 2 SCC 257]

This report covers the Supreme Court’s Never Reported Judgment, on suit for specific performance, dating back to the year 1953.

Case Briefs High Courts

Interpretation of Consumer Protection Regulations must align with overarching goal of RTI Act: Delhi HC directs CPIO to reassess third party request to access copies of a consumer case

The decision to disclose or withhold information should be made judiciously, considering the stipulations of Section 8 of the RTI Act. This approach ensures that the provisions of the RTI Act are not compromised, while also respecting the confidentiality required in judicial proceedings.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Kopiko is classifiable as ‘sugar confectionery not containing cocoa’ under Central Excise Tariff Act, 1985; basis of product is sugar, glucose and not coffee: CESTAT

Kopiko contained flavour coffee to the extent of 1.57 %, whereas the majority ingredients were refined sugar 33.06%, liquid glucose 41.41%, other ingredients constitute to 11.81% and water at the rate of 12.5%.

Case Briefs High Courts

Reinstatement in service after alleged misconduct is removed cannot be treated as re-employment: Chhattisgarh HC grants consequential benefits deprived to employee

If the Government servant has been terminated without adhering to Article 311 of the Constitution, then in such a case the provisions cannot be interpreted in favour of the State to deprive the employee of his legitimate claim.

Case Briefs High Courts

‘Absolutely insensitive and highly deprecated’: P&H HC imposes Rs. 1 lakh costs for cancelling candidate’s result who failed to give biometrics due to allergic/fungal infection

The reason for the cancellation of the petitioner’s result was “failure in biometric” whereas the respondent-board admitted that the petitioner had allergic/fungal infection in his hands. Such reasoning given by the respondent-board is absolutely unsustainable and rather obnoxious in nature.

Case Briefs High Courts

Recruitment agencies should ignore procedural lapses in documents; consider candidate’s date of passing of exam and not date of issuance of degrees: P&H HC

In the competitive examinations, the candidates work hard and make their best efforts to secure good marks. Therefore, only because of the date of issuance of degree/certificate, they should not be denied appointment as these were only procedural delays/lapses.

Case Briefs High Courts

[Mohammedan law] Legislature only prohibits Talaq-e-Biddat or Talaqs having effect of instantaneous and irrevocable divorce: Himachal Pradesh HC

In the present case, the FIR refers to the notice dated 25-04-2022, which reads that the petitioner conveyed the first communication of Talaq by pronouncing the word ‘Talaq’. It nowhere mentions that the Talaq had become irrevocable, or it had the effect of instantaneous divorce.

Cases Reported Never Reported Judgments

NRJ Series | When Supreme Court expressed disapproval on Tribunal’s improper way of drawing up statement of case for partial partition [(1953) 2 SCC 213]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on partial partition.

Case Briefs High Courts

Registering Authority debarred from examining nature of right, title and character in sale-deed presented for registration; cannot refuse to register sale deed: Jharkhand HC

If the sale-deed is duly executed and sufficiently stamped and there is no legal or formal defect, the Registering Authority cannot refuse to register the deed.

Case Briefs High Courts

‘Subjecting child to corporal punishment for reforming him cannot be a part of education’; Chhattisgarh HC refuses to quash FIR against teacher for abetment of suicide

At this stage, averments made in the petition that the allegations levelled against accused is false, cannot be looked into while exercising powers under Section 528 of the Nagarik Suraksha Sanhita, 2023.

Case Briefs High Courts

Punjab and Haryana HC directs State of Punjab to ensure that FIR must be registered whenever a complaint reflecting commission of cognizable offence is made

Prima-facie case for wrongfully restraining the team of doctors and restraining them from doing their official duties was made out and both these offences were punishable under Sections 341 and 353 of the IPC. However, despite disclosing commission of cognizable offences, the police did not register an FIR.

Case Briefs High Courts

‘Dispensing services without giving any opportunity of hearing clearly violates natural justice’; Chhattisgarh HC sets aside cancellation of Anganwadi Sahayika’s appointment

In the administrative action where the decision of authority may result in civil consequences, a hearing before taking a decision is necessary.

Case Briefs High Courts

Identification in Test Identification Parade is not substantive evidence; any irregularity in it will by itself does not erode evidentiary value of identification in Court: Jharkhand HC

Any irregularity committed during investigation could not be the sole ground to discard the prosecution case in its entirety, if it was otherwise proved by other cogent and reliable evidence.

Case Briefs High Courts

Punjab and Haryana HC imposes Rs. 2 lakh costs on IIM Rohtak for withholding result of its student for four years

Petitioner was a young girl of 27 years, when the impugned letter was passed and she could not do anything for the next four years because of the aforesaid letter, which was passed without the authority of law. It has seriously affected her career and studies apart from other incidental consequences.

Case Briefs High Courts

‘People have suffered enough environmental degradation’; P&H HC restrains Haryana Govt. from cutting 150 trees; advises to find alternate site for construction of police station

It is obvious that about 150 trees, which are a century old, stand on the land allotted for the purpose of constructing a police station and a police line. The petitioner has also filed certain photographs of the area concerned which reveals that there is also a water body next to the above trees.

Case Briefs High Courts

Punjab and Haryana HC directs Trial Court Judge and Public Prosecutor to furnish explanation for disregarding its directions

In consequence, the wanton disregard to the explicit directions as made by this Court, upon the trial Judge concerned, thus prima facie constitutes contempt of Court.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Incentive of discounts declared for small/mid segment cars cannot be allowed to luxury model cars attracting higher rate of duty: CESTAT

In absence of any suppression or mis-declaration of the facts, larger period of limitation could not be invoked.