Arushi, Author at SCC Times

‘Failed to establish negligence in handling of vehicle by driver’; P&H HC directed Insurance Company to pay Rs. 54, 650 to oil carrier company for damage caused to its oil tanker

Once the objections raised by the petitioner is taken into consideration by Permanent Lok Adalat (Public Utility Services), Jind and an equitable jurisdiction is exercised, such view cannot outrightly be said to be perverse, improper or based on misappropriation of law and facts.

Case Briefs High Courts

‘Deprivation of bail must be considered as a punishment’; Delhi HC grants bail to Sub-Inspector accused of allegedly demanding and accepting bribe

A sensitive approach is required to be acquired by the Courts while dealing with the offences constituting bribery allegations against a public officer as the same minimizes the trust of the public in public servants who are duty bound to protect them.

Case Briefs High Courts

‘Rendered unblemished service’: Punjab and Haryana HC sets aside order dismissing Muslim IAF officer from service for contracting second marriage

Since no protest was made by the petitioner’s former wife regarding petitioner’s second marriage, therefore, the same might have been a mitigating circumstance for the respondent to favourably exercise the empowerment vested in it regarding granting of ex-post sanction.

Case Briefs High Courts

Consumer Commissions have power to act as Judicial Magistrate for trial of offences, which includes power to issue arrest warrants: Delhi HC

The question here is not about past wrongs, it is about the present failure to comply with a legally binding order. The Consumer Protection Act, 2019 is explicit on this point, that those in charge of a company during non-compliance are accountable. By holding a directorial position during this period, the petitioner is naturally included in this responsibility.

Case Briefs High Courts

Punjab and Haryana HC directs Panjab University to pay Rs 1 lakhs compensation to law student for failing him in semester exam by reducing marks on their own ‘whims and fancies’

Had it been a case that there was any law provision applicable to students for scaling down or reducing of the marks, then it would have been a different situation. However, in the absence of any authority of law, the exercise was conducted by the clerical staff on their own without any guidelines or any rules and regulations.

Case Briefs High Courts

‘No evidence to show that deceased was not bona fide passenger’; Jharkhand HC grants Rs. 8 lakh compensation to wife whose husband died after accidentally falling from running train

Even if the ticket was not recovered from his person while preparing the inquest report of the deceased, mere filing of the affidavit on behalf of the appellant was sufficient to raise the presumption that the deceased was bona fide passenger.

power of central govt to make provision related to import of goods

Cases Reported Never Reported Judgments

NRJ Series | When SC discussed Central Govt’s power to make provisions related to import of goods under Imports and Exports Control Act, 1947 [(1954) 1 SCC 539]

This report covers the Supreme Court’s Never Reported Judgment, power of Central Government to make provision related to import of goods, dating back to the year 1953.

Case Briefs High Courts

‘Mother’s presence essential for fostering stable environment’; P&H HC grants anticipatory bail to a mother of ten-year-old despite prima facie evidence against her

As parens patriae, the Court has the responsibility to safeguard the child’s interests and could not relinquish this duty by placing her welfare in the hands of relatives.

Case Briefs High Courts

‘Evident miscommunication made about dis-entitlement of disability pension’; Punjab and Haryana HC grants complete disability pension to a man enrolled in Army

Despite holding an indefeasible right to become the able recipient of disability pension, there was a financial detriment to the petitioner.

Case Briefs High Courts

Convict cannot be released on probation under Section 482 of CrPC, especially when appeal against his conviction is sub judice: Punjab and Haryana HC

The power conferred in the High Court under Section 482 of Criminal Procedure Code, 1973, is a residuary power and to be exercised only when no alternative remedy is available.

Case Briefs High Courts

‘State cannot fix quota or percentage of admission in unaided minority educational institutions’: Chhattisgarh HC declares Rule fixing 50% seats to local minority students as ultra vires

Considering the Rule 4(1)(d)(i) of the Chhattisgarh Ayush Graduate Course Admission Rules, 2023 is ultra vires, the Court directed the State Government to issue necessary instructions with respect to admission in Bachelor of Ayurvedic Medicine and Surgery course in unaided minority institution.

Case Briefs High Courts

‘Section 482 of BNSS widens discretionary powers of Courts hearing anticipatory bail applications’: Chhattisgarh HC grants anticipatory bail to a woman and her uncle

Section 482 of Nagarik Suraksha Sanhita, 2023 (‘BNSS’) deleted the guiding factors which the Courts hearing anticipatory bail applications might have taken into account, such as nature and gravity of accusation, criminal antecedents, and the possibility of the accused to flee from justice.

Case Briefs High Courts

‘Contradictory versions and sketchy evidence’; Jharkhand HC sets aside conviction and death sentence of a man convicted for murder of his pregnant wife and 15-months-old child

The prosecution case has crumbled like a house of cards. Neither the circumstances have been proved which can lead to a conclusion that the accused was complicit in offence, nor any consistent prosecution version has come which can be relied upon.

Case Briefs High Courts

Chhattisgarh HC registers suo motu PIL based on news report highlighting non-functional oxygen plants worth crores of rupees at Bilaspur District Hospital

The news report alleged that at present, oxygen supply is being made from the oxygen cylinders which are brought from outside. Despite various authorities inspecting the Hospital, no heed is being paid for restarting the closed Oxygen plants.

Case Briefs High Courts

‘Acted in irresponsible and negligent manner while defending its case’; Punjab and Haryana HC dismisses petition to set aside ex parte proceedings

No sufficient reason was mentioned by the petitioner for the delay in filing the written statement and apparently blunt excuse was provided that the representative of the petitioner fell ill and no instructions could be issued to the Advocate.

Case Briefs High Courts

‘Did not challenge selection criteria prior to entering the selection process’: Delhi HC upholds CAT order dismissing petition to set aside appointment order

In nutshell, when the petitioner could not find his place in selection list, he knocked the doors of the Court alleging mala fide at the hands of respondents, which cannot be permitted.

Cases Reported Never Reported Judgments

NRJ Series | Previous decisions operate as judicial precedents while interpreting exact same documents; not necessary to examine operation of res judicata [(1954) 1 SCC 347]

This report covers the Supreme Court’s Never Reported Judgment, on judicial precedents and res judicata, dating back to the year 1954.

Case Briefs High Courts

‘Amul is a well-known mark’; Delhi High Court restrains Bio Logic and Psychotropics India Pvt Ltd from using mark similar to ‘AMUL’

No plausible explanation was provided by the defendants as to why the trade mark ‘AMUL’ was adopted. No written statement was filed on behalf of the defendants. The conduct of the defendants highlighted their mala fide and dishonesty in adopting the same mark, as that of the plaintiffs’.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Cheeselings’ manufactured by Parle Products Pvt Ltd is a peculiar indigenous preparation; classifiable as ‘namkeen’: CESTAT

‘Namkeen’ has not been defined either contextually in the notification or as a separate nomenclature in the tariff under Schedule to Central Excise Tariff Act, 1985. Therefore, the Tribunal opined that the adjudicating authority had erred in concluding that the impugned goods were not ‘namkeen’.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Jharkhand State Cricket Association renders ‘bundled services’ related to promoting cricket; not liable to pay service tax for services rendered in connection with sports: CESTAT

All the activities rendered by the appellant are undertaken during hosting the cricket matches alone and if there were no cricket matches played, then all these services become irrelevant.