Arushi, Author at SCC Times

Himachal Pradesh HC seeks status report on implementation of Chief Secretary’s directions on forest fire safety and water harvesting

The Court further stated that the respondents were expected to take all possible measures to ensure that forest fire are prevented and if not prevented, at least controlled.

Case Briefs High Courts

‘Accounts declared as fraud without adhering to principles of audi alteram partem’; Punjab and Haryana HC quashes FIR against borrowers

Respondents submitted that no opportunity of personal hearing was required to be assigned to the aggrieved, before the FIR was filed and registered.

Case Briefs High Courts

‘Obligation to be extra cautions’; Punjab and Haryana HC denies anticipatory bail to clerk accused of demanding bribe to settle notice issued under PNDT Act

The Court opined that people in responsible positions, who, for their small monetary gains misuse such sensitive positions, not only betray the trust the system had reposed in them, but also fail the society by making their conduct highly unethical, immoral.

Case Briefs High Courts

‘Multiple lapses in investigation’; Punjab and Haryana HC acquits Dera Chief Gurmeet Ram Rahim and four others in 2002 murder case

The Court stated that the present case was a stark portrayal of the necessity of Courts of law to make an incisive and objective analyses, of the evidence rather than becoming stultified through a proactive media trial.

Case Briefs High Courts

‘Arrest in consonance with Section 19(1) of PMLA’; Punjab and Haryana High Court dismisses AAP MLA Jaswant Singh’s petition challenging his arrest by ED

“In the present case, the Special Court has taken into account the nature of the case against the petitioner and factum of his non-cooperation and other relevant factors while remanding the petitioner into police custody.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Set top boxes covered under the definition of ‘input’ under Rule 2(k) of CENVAT Credit Rules, 2004; Credit admissible to Dish TV India Ltd: CESTAT

“It is a well settled principle in the law that the taxing statute needs to be construed strictly according to the words phrases used in the statute; there can be no other interpretation when literal interpretation is unambiguous.”

Case Briefs High Courts

Application for extending mandate of the Arbitral Tribunal for passing Award to be filed only before ‘Court’ as defined u/s 2(1)(e) of A&C Act: Andhra Pradesh HC

“If the intention of the Parliament were to vest the power of extending the mandate of an Arbitrator under Section 29A of the Arbitration and Conciliation Act, 1996 only in High Court as envisaged under Section 11, then nothing could have prevented it from providing so.”

Case Briefs High Courts

‘Action taken so far is totally unsatisfactory’; Punjab and Haryana HC provide one week to file status report on action taken in matter of wild growth of cannabis

“In most of the photographs, it is evident that after cutting down of such wild growth of cannabis, a part of it is still lying scattered though major part or it has been transported but to which place or what has been done to those cut-out cannabis has not been explained.”

Case Briefs High Courts

‘Prisoners also have right to adequate and required healthcare’; Himachal Pradesh HC grants bail to HIV+ prisoner after jail authorities failed to provide required medical treatment

“Failure on the part of a government hospital to provide the timely medical treatment to a person in need of such treatment results violation of his right to life guaranteed under Article 21 of the Constitution, as has been done in the instant case.”

Case Briefs High Courts

‘Utterances made in moment of anger cannot be deemed as instigation’; Punjab and Haryana HC set aside conviction and sentence of wife convicted for abetment of suicide

The Court opined that is important to acknowledge that individuals vary in their sensitivity and temperament. It is not solely the feelings of the deceased that would matter, but most importantly, the intention behind the act of the accused would also have to be discerned.

Case Briefs High Courts

‘Child born could be a reminder of trauma and agony’; Punjab and Haryana HC allows termination of woman’s pregnancy who was sexually assaulted by her husband

“Such decisions are tough, however, life is not just about being able to breathe rather it is about being able to live with dignity. Where the denial of dignity and social as well as family acceptance or approval ‘is a writing’ on the wall, it compounds agony of the child and leads to greater injustice.”

standard of care required on the part of bailee

Cases Reported Never Reported Judgments

Never Reported Judgment| When Supreme Court examined the standard of care required on bailee’s part for bailed goods [(1953) 1 SCC 446]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on Section 151 of Contract Act,1872.

Case Briefs High Courts

Non-Compliance of HP Prison Manual, 2021| Himachal Pradesh HC seeks status report from State Government on competition of work in Kishanpura Jail

As per the report, there are 2808 prisoners in 14 jails functional in the State, but there were only 4 posts of Medical Officers in the jails, which were claimed to have been filled up.

Case Briefs High Courts

‘Failed to comply with Section 15 of Juvenile Justice Act, 2015’: Chhattisgarh HC sets aside the order directing juvenile to be tried as an adult for murder of his parents

The Court opined that there was no detailed report of the assessment made, no document was enclosed along with the report of conducting assessment, procedure adopted, factors assessed, mode of assessment, evaluation of child based on the stages of assessment.

Case Briefs High Courts

Andhra Pradesh High Court directs ECI to consider whether pregnant women shall be permitted to cast their vote through postal ballot

Election Commission of India (‘ECI’) submitted that the elections have already been notified and are in progress and therefore, the issue that has been raised by the petitioner in the present petition could be considered for the elections whenever they are conducted in future.

Case Briefs High Courts

Jharkhand HC directs Central Coalfields Limited to constitute Medical Board to determine age of man seeking compassionate appointment on his father’s death

The exclusion of one class of legitimate children from seeking compassionate appointment merely on the ground that the mother of the applicant was a plural wife of the deceased employee would fail to meet the test of a reasonable nexus with the objective sought to be achieved.

Case Briefs High Courts

‘Proceedings under PMLA are always subservient to primary proceedings’; Punjab and Haryana HC close ED proceedings arising out of ECIR in light of acquittal in primary offence

The Court opined that since Enforcement Case Investigation Report (‘ECIR’) is not a condition precedent for starting an investigation or inquiry by the Enforcement Directorate and is only an internal record of the department, its quashing would serve no purpose whatsoever.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Purchasing coal from coal companies for reselling to consumers is not taxable service under Finance Act,1994: CESTAT

The Tribunal opined that once the coal companies have charged sales tax/VAT at the appropriate rate on the sale of coal to appellant and in turn, appellant has charged sales tax/VAT to the consumers of coal, the transaction is one of sale/purchase and not of rendering service.

Case Briefs High Courts

‘Unjust retention of money or another’s property is against fundamental principles of justice, equity and good conscience’; Jharkhand HC imposes Rs. 5 lakhs cost on JBVNL

“The imposition of cost on the party which started litigation without any just cause or took false and frivolous defences is necessary to discourage the dishonest litigant.”

Case Briefs High Courts

Jharkhand High Court dismisses criminal contempt proceedings against State’s Advocate General and Additional Advocate General

“An advocate has to fearlessly uphold the interest of his client by all fair and honourable means without regard to any unpleasant consequences to himself or any other, but he must exercise restraint in using intemperate language during arguments in the Court.”