Editor, Author at SCC Times

[Preventive Detention] | Bombay HC sets aside detention order due to unexplained delay by Detaining Authority to decide on detenu’s representation

“When the liberty of a person is imperiled, immediate action should be taken by the relevant authorities”

RBI revises Master Directions on Fraud Risk Management in Regulated Entities; rescinds 36 Circulars

The 2024 Master Directions are principle-based and have been issued to strengthen the role of the Board in overall governance as well as oversight of fraud risk management in Regulated Entities.

Case Briefs High Courts

Delhi High Court dismisses Reliance’s petition against UIDAI; upholds impugned arbitral award in its entirety

The Delhi High Court said that the scope of interference with arbitral awards under Section 34 of the Arbitration and Conciliation Act, 1996 has now become heavily circumscribed.

Case Briefs High Courts

Delhi High Court refers matter to Arbitrator based on arbitration clause in invoices issued for payment

The Delhi High Court granted time to both parties to file written submissions on whether an arbitration clause in an invoice could constitute an arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996.

Case Briefs High Courts

Delhi High Court directs CBSE to allow 16 Students to appear in Compartment Exams despite missing deadline

The Court said that though the petitioner-school was very negligent in filing the details of students appearing for supplementary/compartment examination within stipulated time. However, the Court cannot allow the student to suffer loss of an academic year.

Case Briefs High Courts

Can allegations of coercion be looked into u/s 11 of the Arbitration Act by the referral Court? Delhi HC explains

“Consequent on introduction of sub-Section 6(A) in Section 11, the Supreme Court has in several decisions held that the jurisdiction of the referral Court is now circumscribed.”

Legislation Updates Notifications

SEBI lays down ‘Framework for Unit Based Employee Benefit Scheme’ vide SEBI (REIT) (Second Amendment) Regulations, 2024

As per the Regulations, the manager may offer unit-based employee benefit scheme based on the units of Real Estate Investment Trusts subject to compliance with Chapter IVA.

Legislation Updates Notifications

SEBI widens scope of ‘liquid asset’ for ESG Rating Providers vide SEBI (Credit Rating Agencies) (Amendment) Regulations, 2024

Previously, ‘liquid asset’ included low-risk assets such as cash, fixed deposits, government securities, treasury bills, and repo on government securities.

Case Briefs High Courts

Bombay HC releases murder convict on parole to arrange for son’s intended departure to Australia for higher education

The Court emphasised that if parole could be granted for the purpose of celebration of marriage, the same benefit can be extended to the convict for the instant contingency and the same shall not be denied merely because the Prison (Bombay Furlough and Parole) Rules, 1959 does not contemplate such contingencies

Case Briefs High Courts

[Rights of Disabled Persons] | Bombay HC directs State Govt. to constitute Advisory Board in 30 days

The Court reiterated the observations of the Supreme Court in the case of Exploitation of Children in Orphanages in State of Tamil Nadu v. Union of India, (2017) 5 SCC 578, that it would be extremely unfortunate if the Governments voluntarily and knowingly flouted the provisions of law solemnly enacted by Parliament.

Case Briefs High Courts

Delhi HC dismisses plea challenging initiation of penalty proceedings against international powerlifter by National Anti-Doping Agency

The Court was of the view that, as a disciplinary panel is already constituted for considering the case of the appellant, it will not be appropriate for the Court to interdict the proceedings at this stage.

High Court Round Up Legal RoundUp

HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Briar App; Internet Gaming Disorder; Dalai Lama; Centipede in Amul Ice-cream and more

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

Legislation Updates Notifications

SEBI (Issue and Listing of Non-Convertible Securities) (Amendment) Regulations, 2024

The 2024 Regulations amend the obligations of the issuers to include fixing a record date for payment of interests, dividends, etc.

Case Briefs High Courts

When can CBI be involved in an investigation? Kerala High Court answers

“Though an attempt was made to portray the incidents that led to the registration of the crime as one having transnational ramifications based upon the affidavit of the State Government filed in the Supreme Court, this Court is of the view that the circumstances do not persuade this Court to rely on the said averment to direct a CBI investigation”

Hot Off The Press News

Bombay HC quashes Magistrate Court ’s order against Rahul Gandhi in a decade old RSS defamation case

Rahul Gandhi was relieved from the allegations of defaming RSS in a speech made during the 2014 Elections campaign

Legislation Updates Notifications

SEBI (Listing Obligations and Disclosure Requirements) (Second Amendment) Regulations, 2024

The 2024 Regulations have been notified to modify Regulation 52 of the 2015 Listing Obligations and Disclosure Requirements issued by SEBI.

Case Briefs High Courts

Delhi High Court directs Elderly Man to Spend Day in Court as Punishment for Contempt over Property Price Manipulation

The contemnor used the filing of the writ petition as another weapon in his armour to try and get the price reduced for the land. Such conduct of any person to abuse the judicial process cannot be ignored or left unpunished.

Case Briefs High Courts

‘Best interest of the child has to be determined by considering all relevant circumstances’; Delhi High Court denies interim custody of child to father

The timing, duration, and whether oversight of a child counsellor is required during visitation by a non-custodial parent, is a call that the Court has to take bearing in mind, the best interest of the child.

Case Briefs High Courts

Bombay HC quashes Panaji City Corp. memo seeking recovery of Children’s Educational Allowance from employee whose son suffers from cerebral palsy

The Court noted that the petitioner did not misrepresent or commit fraud to derive benefit of reimbursement of the Allowance scheme; therefore, the issuance of the impugned memorandum was found to be arbitrary.

Case Briefs High Courts

‘If male passengers travel in compartments reserved exclusively for female passengers, they will be prosecuted’: Calcutta High Court

The Calcutta High Court observed that the frequency of the awareness drives conducted by the Railway Police Force should be increased so that this menace can be avoided.