Editor, Author at SCC Times

‘No difference if law graduate candidate not enrolled’; Chhattisgarh HC allows candidates without Bar Enrollment to appear in Civil Judge Exam

“In a selection process, the scope of the candidates for participation should not be narrowed down by imposing unwarranted conditions rather more candidates should be allowed to participate so that better qualified candidates may be selected.”

High Court Round Up Legal RoundUp

HIGH COURT JANUARY 2025 WEEKLY ROUNDUP | Rapido’s Trade Mark; Magic Mushrooms; Cloud Particle Scam; Sky Force Movie; and more

A quick legal roundup to cover important stories from all High Courts this week.

Case Briefs High Courts

Bombay HC grants bail to IIM graduate for drunk driving; directs community service holding a ‘Don’t Drink and Drive’ banner

The accused, a 32-year-old MBA graduate from Indian Institute of Management, Lucknow, was incarcerated for almost two months for drunk driving, violating check posts and damaging police barricades.

Case Briefs High Courts

Punjab and Haryana HC denies relief under Section 21 of Extradition Act to alleged gangster Sukhpreet Budha

The Court held that he was not aided by Section 21 since he was not extradited by the Union of India from Armenia but instead came of his own volition.

Case Briefs High Courts

‘Granting appointment out of turn would violate fairness & equality’; Bombay HC dismisses plea for compassionate appointment to waitlisted candidate

“The object of compassionate appointment is to relieve the hardship due to the death of a bread winner in the family and the appointment is provided to redeem the family in distress. At the same time, it is to be borne in mind that compassionate appointment cannot be construed as opening an alternative mode of recruitment to public employment.”

Case Briefs High Courts

Punjab and Haryana HC orders reinstatement of a Judge dispensed with service after complaint by his former wife

The Court noted that the report of Administrative Judge with regard to work and conduct of the petitioner was also without granting him an opportunity of being heard.

Case Briefs High Courts

Bombay HC dismisses plea for postponement of 38th National Games due to denied entry to Maharashtra Women Diving Team for alleged biased & unfair selection trials

Bombay High Court suggested State to seek extension for the entry of Maharashtra Women Diving Team since fresh trials were soon to be conducted.

Case Briefs High Courts

Punjab & Haryana HC refuses to de-freeze Vuenow Infotech’s bank accounts in Cloud Particle Scam case

“Though the Constitutional Courts are the sentinels of justice, however, this power of judicial review is required to be exercised with due care and caution and interference at the stage of investigation is made in rare and exceptional cases.”

Case Briefs High Courts

‘Protracted absence, eluding law, & repetitive bail pleas don’t call for sympathy’: Punjab & Haryana HC refuses anticipatory bail to accused in 5kg opium case

“While liberty and dignity of an individual must be held high, however, no one can be permitted to subvert and cause devolution in the process of justice.”

Case Briefs High Courts

Chhattisgarh HC upholds order releasing Retired Municipal Officer’s gratuity withheld sans inquiry on allegation of misappropriating ₹ 10 Lakhs

The Court noted that admittedly, before the respondent’s retirement, neither any departmental inquiry was initiated against him nor was any show cause notice issued to him.

Case Briefs District Court

Kolkata Court sentences Sanjay Roy to life imprisonment in RG Kar Rape & Murder Case

“The Court must resist the temptation to bow to public pressure or emotional appeals and instead focus on delivering a verdict that upholds the integrity of the legal system and serves the broader interests of justice.”

Case Briefs High Courts

‘Limit of 15% marks in viva voce can be exceeded in judiciary exams’; Punjab and Haryana HC denies relief to judiciary aspirant who failed by 6.75 marks

“In matters of recruitment to services, interference to the process of recruitment when otherwise conducted in a transparent, fair and reasonable manner with no allegation of malafides cannot be gone into in the limited power of judicial review of this Court under Article 226 of the Constitution.”

Case Briefs High Courts

‘Co-operation with investigation doesn’t extend to self-incrimination’; Punjab & Haryana HC grants anticipatory bail to accused in Municipal Corporation corruption case

“The investigating agency must instead rely on independent and lawful methods to gather information rather than pressuring the accused to act against their constitutional safeguards. Insisting on custodial interrogation solely for self-incriminatory purposes is unconstitutional and sets a dangerous precedent.”

Case Briefs High Courts

Mere statement that wife cannot cohabit with husband unless she brings amount without any action will not amount to harassment: Bombay HC quashes FIR

“It is in the wisdom of the Investigating officer to file charge-sheet against those accused against whom there is strong evidence. Unnecessary harassment and false implication should be avoided.”

High Court Round Up Legal RoundUp

HIGH COURT JANUARY 2025 WEEKLY ROUNDUP | Neeraj Bawania’s Bail; Rupali Ganguli’s Defamation Case; Mahindra Trademark Dispute; and more

A quick legal roundup to cover important stories from all High Courts this week.

Case Briefs High Courts

‘Duty of Referral Court in post-award stage to prevent misuse of arbitration’; Delhi HC rejects plea by Jaiprakash Associates for second arbitration in Rs. 360 Crores claim

“Applying the ‘eye of the needle’ test, the Court has no hesitation in observing that the prima facie scrutiny of the facts of the present case, leads to a clear conclusion that there is not even a vestige of doubt that the claim is non-arbitrable.”

Hot Off The Press News

Kolkata Court finds Sanjay Roy guilty in RG Kar Rape & Murder Case

Sanjay Roy was the prime accused in RG Kar Rape Case, wherein the 31-year-old PG doctor was murdered and raped inside the hospital premises.

Case Briefs High Courts

Pendency of civil and criminal litigation among partners cannot estop a partner from invoking arbitration clause: Punjab and Haryana HC

“Technicality cannot be attached with a notice served under Section 21 of the Arbitration and Conciliation Act, 1996 as that would defeat the objective of the statute, which provides for a speedy resolution of the disputes.”

Events/Webinars News

‘Mediation: A Critical Tool for Commercial Dispute Resolution’; ICA launches the ICA Rules of Commercial Mediation

On 14-01-2025, the Indian Council of Arbitration (‘ICA’) launched its Rules of Commercial Mediation in a symposium titled ‘Mediation: A Critical Tool for Commercial Dispute Resolution’.

Case Briefs High Courts

Question regarding substance of existence of agreement can only be determined by Arbitral Tribunal: Bombay HC

Even if it is presumed that signing an agreement with an arbitration clause can be regarded as submission of a (non-existent) dispute to arbitration, it will not follow that as a matter of law, since there will be no implied authority to execute such a contract. All these are issues that will pose mixed questions of fact and law and will relate to the substance of existence rather than the form of existence, i.e., a written agreement.