Editor, Author at SCC Times

Delhi High Court appoints Sole Arbitrator in petition against the National Highway and Infrastructure Development Corporation Ltd.

As per Clause 26.2 of the Agreement, the Chairman/Managing Director of the Board of Directors of Contractors was supposed to do the conciliation and not the committee constituted by NHIDCL.

Criminal Law Monthly Roundup August 2024

Legal RoundUp Topic-wise Roundup

Criminal Law Roundup August 2024 | Top Cases on Bail; Contempt of Court; Forceful religious conversions; LGBTQ Rights; and more

Criminal law discussions that unfolded at the Supreme Court and various High Courts in the month of August

Case Briefs High Courts

‘Re-agitating already adjudicated issues would be in disregard of Supreme Court’; Delhi HC quashes 1987 re-entry notice by the Union against Express Newspapers

The present dispute between Express Newspapers and the Government has spanned over five decades and has witnessed critical historical events such as the Emergency and its aftermath.

Case Briefs High Courts

Delhi High Court rejects plea by expelled JDU member against internal election of Nitish Kumar as party president

‘The functions performed by the Election Commission of India under Section 29A of the Representation of the People Act, 1951 are essentially quasi-judicial in nature, and any order issued thereunder constitutes a quasi-judicial order.’

Legislation Updates Notifications

SEBI introduces Chapter on ‘Restriction in Dealing with Unregulated/Other Entities’ in Regulations for Securities Contracts, Depositories and Participants, and Intermediaries

The provision made vide 2024 Amendment Regulations would not apply to associations through a specified digital platform.

Events/Webinars News

Inside One-Day Consultation on Promoting Private Sector Participation and Capitalisation in Municipal Solid Waste Management in India

Bridge Policy Think Tank (‘Bridge’) with support from Deutsche Gesellschaft für Internationale Zusammenarbeit (‘GIZ’) in collaboration with the Ministry of Housing and Urban Affairs (‘MoHUA’), Government of India, organised the One-Day Consultation on Promoting Private Sector Participation and Capitalisation in Municipal Solid Waste (‘MSW’) Management in India on 30-08-2024

Case Briefs High Courts

Delhi High Court refuses to quash proceedings against Dr. Shashi Tharoor for making defamatory statements against Prime Minister Modi

‘Reputation is an essential attribute of personality, and the violation of this right is actionable both as a tort as well as a crime.’

Case Briefs High Courts

Amazon, Flipkart & Snapdeal directed to stop selling counterfeit copies of EBC’s books; Delhi HC restrains parties from printing & selling counterfeit copies of EBC books

The Court directed the Commissioners to conduct a search at the book houses and seize the infringing products bearing EBC’s registered trade marks or containing contents identical or deceptively similar to EBC’s books, books without hologram, packaging, labels, printing material and other material that reflect infringement of copyright and trade mark.

Case Briefs High Courts

Delhi HC directs Union to expeditiously decide on plea for restoring legal protection against non-consensual sexual acts in Bharatiya Nyaya Sanhita, 2023

The petition was requested to be treated as a representation since the Government is in the process of receiving inputs on the new criminal laws from various stakeholders.

Case Briefs High Courts

Apprehensive detention as ‘sand smuggler’ based on past conduct of terrifying community & disturbing public order unsustainable: Bombay HC

The apprehension of the Detaining Authority was that since the alleged sand smuggler had been allegedly terrifying the community and creating obstacles in public order, he would engage in similar activities in future as well. However, the Court stated that such is not the criteria for a person to be detained as a ‘sand smuggler.’

Case Briefs High Courts

‘Denial of admission after allotment of school is violative of the RTE Act’; Delhi HC directs private school to allow admission of EWS category student

Asking the student to continue studying in the MCD school would be tantamount to an onslaught on his constitutional rights and the Constitutional Court would be failing in its duty to secure the fundamental rights of the young citizen.

Case Briefs High Courts

‘Appearing before Court in drunken state is unpardonable’; Delhi High Court holds advocate guilty of criminal contempt

‘The language used by the advocate had scandalized the court and such conduct also leads to interference in the administration of justice.’

Case Briefs High Courts

‘O. VI R. 17 does not limit amendment of pleadings at any stage of proceedings, if it is necessary for determining the real questions in controversy’: Sikkim HC

The amendments were imperative for the proper and effective adjudication of the dispute; refusal to allow the amendment application would have caused injustice or resulted in multiple litigations; and the amendments did not constitutionally or fundamentally change the nature of the case.

Case Briefs High Courts

Inside Calcutta HC order transferring R.G. Kar Medical College ‘Massive Corruption’ case to CBI

Transferring the case to CBI would prevent unnecessary delay in the judicial process as well as potential misrepresentation of information which could undermine effective and credible enforcement.

Case Briefs High Courts

Delhi High Court upholds Order setting aside compulsory retirement of IPS Officer Gurjinder Pal Singh

Despite a delay of three years, not even an Enquiry Officer had been appointed in the department proceedings against Gurjinder Pal Singh.

Case Briefs High Courts

Read why Bombay HC quashed S. 498-A IPC proceedings initiated against husband’s paramour by wife

“For the attraction of Section 498-A, cruelty shall be inflicted upon the wife either by the husband or a relative of the husband; a paramour in extra-marital affair is not a relative of the husband.”

Case Briefs High Courts

Delhi High Court grants bail to Chief Business Strategy Officer of IL&FS Securities Services Ltd. in Dalmia Cements fraud case

Chief Business Strategy Officer was a clearing agent and thus, his job was not that of a stockbroker but merely of acting as a facilitator between the stock exchange and the broker.

Case Briefs High Courts

Delhi High Court orders for payment of 10% interest on amount of compensation to 1984 Anti-Sikh riots victim

‘In the present case, the victim and his family had suffered at the hands of an insensitive and callous administration and had to approach the Constitutional Courts four times for the redressal of his grievances.’

High Court Round Up Legal RoundUp

HIGH COURT AUGUST 2024 WEEKLY ROUNDUP| Stories on R.G. Kar Medical College; IAS Puja Khedkar; Mankind; and more

A quick review of various High Court cases reported this week

Case Briefs High Courts

[Outraging the modesty of woman] “Words and gestures communicated through e-mails also falls within the ambit of S. 509 of IPC”: Bombay HC

“The legislative intent through Section 509 is to deter an action capable of shocking the sense of decency of a woman. The manner in which the offender shocks such sense of a woman is not restricted to oral abuse or gesture alone, but also include statements, speeches, exclamations, notes, all of which could be in a text form relayed whether physically or electronically.”