Arushi, Author at SCC Times

‘AMUL’ has gained wide, comprehensive and nation-wide reputation; its protection transcends all classes having been declared a well-known mark: Delhi HC

“What is striking, in this case, is that Respondent 1 has produced no document whatsoever which would prove their use since 1957, as claimed.”

Case Briefs High Courts

Person cannot be said to be absconded or evaded the execution of warrant when he went to a distant place before issuance of warrant: Punjab and Haryana High Court

Petitioner asserts that his absence was neither intentional nor deliberate as prior to the registration of the FIR as well as complaint, he was not residing in India since having settled in UK in 1988.

Case Briefs High Courts

‘Discovery of material impacting assessment of total income not intended to set off a chain reaction’: Delhi HC quashes notices issued u/s Section 153C of the IT Act, 1961

“It is only once the Assessing Officer of the non-searched entity is satisfied that the material coming into its possession is likely to “have a bearing on the determination of the total income” that a notice under Section 153C would be issued.”

Case Briefs High Courts

Chhattisgarh HC directs Advocate General to seek information about non-payment of compensation to victims’ parents/victims of sexual offences

The report states that because of lack of allotment of fund, the payment could not be made to the victims/family members of the victim, till date.

purchaser not ready and willing if did not treat contract as subsisting

Cases Reported Never Reported Judgments

Never Reported Judgment| Purchaser cannot be said to be ready and willing to perform his part of contract, if he does not treat the contract as subsisting [(1953) 1 SCC 234]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on personal bars to relief in specific performance of contract.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Wireline logging and perforation for drilling oil well deserves classification under mining services and not TTA services under Finance Act, 1994: CESTAT

“The services like wireline logging, perforation and other wireline related services involving mechanical jobs which were undertaken by appellant at the time of drilling an oil well are integrally connected with the mining of oil or gas and have a direct nexus with the drilling of a well.”

Case Briefs High Courts

‘Mere mockery of the principles of natural justice and fair play’; Delhi High Court sets aside order expelling JNU student in 2011

“The opportunity to the petitioner to file a reply to the show cause notice was therefore a mere eye wash, and nothing more.”

Case Briefs High Courts

‘Welfare of child is of supreme consideration’: Chhattisgarh HC grants custody of minor daughter to father who expressed her fear of getting beaten by mother

“While fair and temperate criticism of the Court, may not be actionable, but attributing improper motives or tending to bring Judges or Courts into hatred and contempt or obstructing directly or indirectly with the functioning of Courts is serious contempt of which notice will be taken.”

Case Briefs High Courts

‘Seeking bail on ground that no loss caused to Government is meaningless’: Punjab & Haryana HC refuses to grant anticipatory bail to estate officer accused under PC Act

“Another reason which points towards the petitioner’s misconduct is that he was aware of the pendency of the writ petitions and other civil proceedings and quietly ignored all such while issuance of provisional allotment.”

Case Briefs High Courts

‘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.”