Editor, Author at SCC Times

Mere sending notice u/s 21 of Arbitration Act not sufficient; receipt of notice is prerequisite for commencement of proceedings: Delhi HC

In the present case, the notice has not been sent to the complete address which results in incomplete service of notice.

Case Briefs High Courts

Delhi High Court rejects ISIS convict’s plea for concurrent sentencing based on principle of same transaction and totality of sentence

The Delhi High Court said that the impact of terrorist activities on society is profound and far-reaching, as these crimes can sow fear and insecurity among communities, as well as disrupt social harmony.

Case Briefs High Courts

Gujarat HC denies bail to Space Applications Centre’s employee accused of sharing sensitive information with woman in Pakistan

“Files / images which were forwarded by the applicant to a lady, who was stationed in Pakistan, were related to the Space Applications Centre, ISRO, Ahmedabad and these images were taken by the applicant without any authorization.”

Case Briefs High Courts

Gujarat HC stays release of the movie ‘Maharaj’ on Netflix, featuring Amir Khan’s son, Junaid Khan

The film is based on the Maharaj Libel Case of 1862 rendered by English Judges and allegedly contains scandalous and defamatory language, which affects the Pustimargi sect as a whole.

Case Briefs High Courts

Non-Disclosure of petition cannot be termed as egregious fraud: Delhi High Court sets aside Commercial Court order for lack of merit-based analysis

The non-disclosure of the petition under Section 9 of the A&C Act in another matter cannot be termed as a case of egregious fraud, which would disentitle the appellant from pursuing its petition under Section 9 of the A&C Act

Hot Off The Press News

Bombay High Court stays release of “Shaadi ke Director Karan aur Johar” over use of Karan Johar’s name

The impugned film is set to be released on 14-06-2024.

Case Briefs High Courts

Can arbitration proceedings act as a bar for proceedings under Section 7 of the IBC? Delhi HC answers

“Section 7 of the Insolvency and Bankruptcy Code, 2016 states a financial creditor, either by itself or jointly, with other financial creditors, or any other person on behalf of the financial creditor, may file an application for initiating corporate insolvency resolution process against a corporate debtor before the Adjudicating Authority when a default has occurred.”

Case Briefs High Courts

Punjab & Haryana HC impose Rs. 50k cost on Haryana Govt; highlights routine practice of not releasing payment due to contractors

The Court expressed its anguish and concern towards the act and conduct of the respondents in unreasonably withholding the legitimate and admissible dues of the contractors.

Case Briefs High Courts

Parental love or concern cannot interfere with an individual’s right to choose whom they wish to marry: Kerala HC

Kerala High Court noted that the woman is well-employed at NATPAC, Thiruvananthapuram, and is about 27 years old

Case Briefs High Courts

[Comprehensive Policy or Act Policy] | “No premium was paid to cover a gratuitous passenger”; Sikkim HC upholds compensation granted by MACT as per an Act Policy

The Court referred to National Insurance Co. Ltd v. Balakrishnan, wherein the Supreme Court had distinguished between a Comprehensive/Package Policy and Act Policy by stating that an Act Policy cannot cover a third-party risk of an occupant in a car, but a Comprehensive/Package Policy would cover such risk.

Case Briefs High Courts

‘Dishonour of invalid cheque cannot attract liability u/s 138 of NI Act’; Allahabad HC holds Allahabad Bank cheques to be invalid post 30-09-2021

“From the perusal of Section 138 N.I. Act, it is clear that if any invalid cheque is presented before the Bank and the same was dishonoured, then no liability under Section 138 of NI Act would be attracted, and the cheque of Allahabad Bank is invalid after 30-09-2021 after merging the Allahabad Bank into the Indian Bank on 01-04-2020.”

Case Briefs High Courts

Orissa HC sets aside husband’s conviction for wife’s murder for having no link in chain of circumstantial evidence & failure to prove last seen theory

“It is never the intention of the legislature to say that merely because two persons were residing together in a house along with others and one of them suffered homicidal death, it would not necessarily mean that the deceased was last seen in the company of others.”

Case Briefs High Courts

Explained| Andhra Pradesh HC allows transfer of divorce petition on account of wife’s inconvenience in a matrimonial proceeding

“In matrimonial proceedings, the convenience of the wife has to be considered than inconvenience of the husband. There are grounds to consider the request of the petitioner to transfer the petition.”

Case Briefs High Courts

[Domino’s v. Donito’s] Delhi HC grants interim injunction to Dominos IP Holder for its mark Domino’s in relation to pizzas and burgers

The Court was satisfied that plaintiff 1 — Domino’s IP Holder LLC had made out a prima facie case for grant of an ex-parte ad interim injunction, as they were likely to suffer irreparable harm in case the injunction was not granted.

Case Briefs High Courts

Rule of exclusion of writ jurisdiction due to availability of alternative remedy is discretionary and not compulsory; Bombay HC reiterates

Remanding the consumer dispute back to the District Consumer Commission, the Court relied on MP State Agro Industries Development Corp. Ltd v. Jahan Khan, wherein it was observed that a Court may not entertain a writ petition due to availability of an alternative remedy, but the said rule cannot be said to be of universal application.

Case Briefs High Courts

Delhi High Court quashes reassessment notice for AY 2013-14 due to exceeding statutory time limit under Income Tax Act

The Court quashed the notice of reassessment issued on 31-3-2023 as it surpassed the ten-year block as prescribed u/S first provision to Section of 148(1) of the Income Tax Act, 1961.

Case Briefs High Courts

[PMLA] ‘Cannot assume role of an expert’; Delhi HC directs Director, AIIMS to constitute medical board to evaluate Amit Katyal’s medical condition

“In the absence of an opinion of the experts it is difficult for this Court to conclude as to whether it is a case for grant of interim bail on the medical grounds. The Court cannot assume the role of an expert and make assessment of its own as regard the medical condition of the petitioner based on medical records placed on the Court file.”

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Know your ‘Neta’ | Narendra Modi 3.0: List of Cabinet Ministers

List of Cabinet Ministers 2024, along with their portfolios

Case Briefs High Courts

Madras High Court restrains Central Govt. from taking final decision on banning the “ferocious” dog breeds

Madras High Court viewed that the Union must confirm that the process has been commenced with a clean slate to receive suggestions and objections regarding the proposal to ban the import of ferocious dogs.

Case Briefs High Courts

‘Inconsequential discrepancies in evidence do not dispel credibility of prosecution case’: Sikkim HC upholds conviction order of POCSO convict

Sikkim High Court opined that the prosecution’s case was established beyond all reasonable doubt following which they found no reason to differ from the findings of the Trial Court