Arushi, Author at SCC Times

In absence of specific provision, HPSEB cannot ask new owner to pay late payment surcharge dues of previous owner; HP HC sets aside order passed by Ombudsman

Where the statutory rules authorize the supplier of electricity to demand from the purchaser of a property claiming reconnection or fresh connection, the arrears due by the previous owner/occupier, the supplier can recover the arrears from a purchaser also.

Case Briefs High Courts

Donations, gifts made to NGO ‘Operation Asha’ are property entrusted to it; thus, acquires character of a ‘constructive trust’: Delhi High Court upholds

Donations, gifts etc., which were being received by the appellant, and being vested in the committee, from various institutions will be endowments for public purpose.

Case Briefs High Courts

‘Did not contemplate any urgent interim relief’; HP HC rejected plaint filed without resorting to Pre-Institution Mediation as per S. 12-A of Commercial Courts Act, 2015

Filing of the application under Order 39 Rule 1 and 2 of the Civil Procedure Code, 1098 was just an act to wriggle out of and get over Section 12-A of the Commercial Courts Act, 2015

Case Briefs High Courts

‘Child who does not get mother’s love may be unaffectionate and uncaring in his life’; Punjab and Haryana HC directs father to hand over minor son’s custody to mother

Since there was no order passed by any court for handing over the custody of the child to the father, so custody of the minor child at this tender age by the father cannot be considered as legal.

Case Briefs High Courts

Appeal against Sessions Court order rejecting anticipatory bail in scheduled offences under NIA Act is maintainable before Division Bench of High Court: Jharkhand HC

The intention of the legislature is derived by considering the meaning of the words used in the statute, with a view to understand the purpose or object of the enactment, the mischief, and its corresponding remedy that the enactment is designed to actualise.

Case Briefs High Courts

‘Transaction stood grandfathered by virtue of Article 13(3A) of India-Mauritius DTAA’; Delhi HC quashes AAR order holding Tiger Global-Flipkart transaction as ‘aimed at tax avoidance’

Merely because a parent entity may exercise shareholder influence over its subsidiary that would not lead to an assumption that the subsidiary in question was operating as a mere puppet or that it was wholly subservient to the parent entity.

Case Briefs High Courts

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.