Arushi, Author at SCC Times

‘Falls within domain of executive and legislature’: Delhi HC rejects PIL seeking to constitute High-Powered Committee to look into complete affairs of all co-operative banks

“Petitioner states that the main reason behind the impropriety in the management of these banks is that the Co-operative banks are under dual control of RBI and Registrar of Co-operative Societies.”

Case Briefs High Courts

‘Order not so perverse to shock the conscience of Court’; Delhi HC dismisses petition challenging award passed by arbitrator

“A perusal of the impugned order shows that the arbitrator has yet not fully closed the issue and has decided to adjudicate on the issue after evidence is led on the same issue.”

Case Briefs High Courts

In absence of any statutory provision, seniority must be counted from the date of appointment: Himachal Pradesh High Court

“If appellants wanted the seniority of respondent to be counted from a date of joining, then nothing prevented them from mentioning similar condition as was fixed regarding the pay and allowances with respect to seniority also.”

Case Briefs High Courts

If there is apprehension of arrest even after issuance of notice u/s 41A of CrPC, it cannot be said that anticipatory bail is not maintainable: Andhra Pradesh HC

“Petitioner submitted that, he is aged about fifty-eight years and has undergone several surgeries including a stunt to his heart.”

Case Briefs High Courts

Himachal Pradesh HC directs NHAI to file status report on Manali-Mandi section of NH-21; propose steps to be taken to rectify poor road conditions

“Though tunnels on the said section are good, there are several stretches where it is difficult for the motorists to drive because of heavy dust on road and poor road conditions.”

damages for non-delivery of goods in absence of contract of sale

Cases Reported Never Reported Judgments

Never Reported Judgment| Damages for non-delivery of purchased goods not maintainable in absence of contract of sale between parties [(1953) 1 SCC 157]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on damages for non-delivery of goods.

Case Briefs High Courts

‘No allegations of tampering with evidence or threatening any person’: Delhi HC grants anticipatory bail to accused persons u/s 336 and 436 of IPC

“Applicants herein have joined investigation, as and when directed by the IO and there are no allegations of tampering with evidence or threatening any person associated with the case.”

Case Briefs High Courts

Delhi High Court allows Ukrainian woman to take her minor son back home who was brought to India by her former husband

“We do not think that it would be in the best interest of the minor child, who is currently five years old, to be separated from his mother and his elder sister, who are living in Vinnytsia, Ukraine.”

Case Briefs High Courts

Issue of non-signatory guarantor to be impleaded as party to arbitration is for arbitral tribunal to decide: Delhi High Court

“Prima facie, Respondents 3-5 are a veritable party to the loan agreement as they are connected with the loan documents and form part of the loan transaction.”

Case Briefs High Courts

JNUSU Elections| Delhi HC appoints former Supreme Court Judge Justice V. Ramasubramanian as observer to oversee functioning of election committee

“In view of the election schedule that is notified on 10-03-2024, the Grievance Redressal Cell is directed to complete the exercise and pass a reasoned order prior to declaration of the final results.”

Case Briefs High Courts

Unsuccessful candidates cannot turn around and question selection method/eligibility qualification of examination: Chhattisgarh HC

“The petitioners took a calculated chance to get a berth in the said recruitment but finding that they are not selected, they decided to file writ questioning the Rule that it is not in accordance with law.”

deprecatory reference to persons with disability in Aankh Micholi movie

Case Briefs Supreme Court

Deprecatory portrayal of disability in film ‘Aankh Micholi’: Supreme Court seeks Centre’s response on Certification of films involving Differently Abled Persons

The petitioner has contended that there is a distinction between making a comedy of a situation (which is permissible) and making a comedy of a condition of disability.

Case Briefs District Court

Tis Hazari Court denies interim maintenance to wife who was found capable of maintaining herself

“With regard to the maintenance of the child, this court is of the view that in the presence of biological father of the child, the stepfather cannot be asked to maintain the child.”

Case Briefs High Courts

‘Adolescent love cannot be controlled by the Courts’; Andhra Pradesh High Court grants bail to POCSO accused

“In the case of lack of inducement or threat, the Court must be conscious of the fact that they are not dealing with criminals.”

Case Briefs High Courts

‘Open jail provides a congenial atmosphere’; Chhattisgarh HC registers suo motu PIL regarding feasibility of open jails in State

“When a criminal/offender is confined in jail, it is not only the person who had committed the crime suffers, but at times, when the said offender is also the sole bread earner of the family, the entire family suffers.”

Case Briefs High Courts

Mother and father are equally entitled to recognition as child’s parents; Delhi HC directs GGSIPU to include mother’s name in degrees/certificates

“It would be clearly retrogressive if educational certificates, degrees and other such documents reflect the name only of the father of a candidate, eliminating the name of the mother.”

language in document cannot be pressed over strong contrary evidence

Cases Reported Never Reported Judgments

Never Reported Judgment| In absence of original document, language cannot be pressed much into service over clear and strong contrary evidence [(1952) 2 SCC 754]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on interpretation of deeds and documents.

Case Briefs High Courts

[Mumbai Twin Blast] Delhi HC rejects petition filed by death row convict seeking copy of alleged Intelligence Bureau report suggesting false implication of accused persons

“The premise on which the petitioner is relying, the publishing of such newspaper article, cannot be taken as gospel truth.”

Case Briefs High Courts

Temporary separation gives sense of insecurity in spouse’s mind; Delhi HC grants divorce to husband whose wife keeps returning to parental home

“To nurture the matrimonial bond, it is of high significance that parties live together and avoid leaving each other’s company frequently.”

Case Briefs High Courts

Can candidates be allowed to change category after initiation of recruitment process because of subsequent widowhood, disability?; Raj HC refers matter to larger bench

“Such incidents, including the one involved in the present case, is an Act of God, actual prediction or otherwise whereof, by any stretch of imagination, cannot be within the domain of an individual aspirant or an employer/recruiter.”