Editor, Author at SCC Times

Delhi HC directs Chief Secretary to implement Committee recommendations to cure defects in current medical system to avail financial assistance

“To ensure the implementation of the said recommendations, this Court directs the Chief Secretary, GNCTD to convene monthly meetings till all the recommendations get implemented and action taken report shall be filed by the Chief Secretary, GNCTD on or before 15-10-2024.”

Case Briefs High Courts

‘Cattle in dairies next to landfills feed on hazardous waste; their milk would have serious consequences on humans consuming’; Delhi HC issues directions for relocation of dairies

“The magnitude of the problem is humongous, which has been compounded by the abject failure of the concerned authorities and the respondents to take timely action, despite repeated directions of this Court.”

Case Briefs High Courts

Arbitration award cannot be set aside on erroneous application of law unless it is patently illegal: Allahabad High Court reiterates

“The award is not required to be set aside until and unless it is vitiated by “patent illegality” appearing on the face of the record with a caveat that the award should not be set aside merely on the ground of erroneous application of law or by appreciation of evidence.”

Case Briefs High Courts

‘Wholly Misconceived’; Delhi HC dismisses petition seeking FIR against PM Narendra Modi for allegedly delivering hate speech

The Court noted that petitioners have filed the present petition even though the representation made to the Election Commission of India is stated to be under consideration.

Case Briefs High Courts

Bombay HC upholds Notifications changing the names of Aurangabad and Osmanabad to Chhatrapati Sambhajinagar and Dharashiv, respectively

The Court opined that if an authority is empowered to name a revenue area under a statutory provision, there are no reasons to deny the power for altering the names of a revenue area to such an authority.

Case Briefs High Courts

Can the issue of limitation be decided in a petition under Section 11 of the Arbitration Act? Delhi High Court answers

“The Court’s jurisdiction at the pre-reference stage is only to determine the prime facie existence of an arbitration agreement and the final adjudication, even on the question of limitation, is to be left to the arbitral tribunal, being the parties’ chosen forum.”

Case Briefs High Courts

Delhi High Court grants bail to accused for having a sexual relationship on the false pretext of marriage

Court said evidence shows a consensual relationship between two adults where promise to marry may not have been motivating factor for sexual relationship.

Case Briefs High Courts

Awards cannot be set aside on ground of erroneous application of law or by reappreciation of evidence until it suffers from patent illegality: Allahabad High Court

“The Statehas miserably failed to show any patent illegality warranting interference in appellate jurisdiction. Mere allegation would not suffice until and unless it stands substantiated from the pleading and the records.”

Chander. Lall book on Comparative Advertising

Events/Webinars News

“In context of Indian economy, this book is going to be an invaluable guidance”, says Justice Surya Kant at book release of Comparative Advertising by Chander M Lall

EBC brings Senior Advocate Chander M. Lall’ s book on Comparative Advertising: Law & Practice”

Case Briefs High Courts

Removal of minor daughter from father’s custody by mother without consent; Bombay HC directs repatriation of daughter to USA with her father

The Court said that when confronted with a question pertaining the custody of a minor child, the Court as parens partriae, should not decide on the consideration of the legal rights of the parties, but on the sole and predominant criterion of the child’s best interest and welfare.

High Court Round Up Legal RoundUp

HIGH COURT MAY 2024 WEEKLY ROUNDUP| Stories on Manual Scavenging; Union Minister Amit Shah; Rape & Murder of 6-yr-old; Victims of Terrorism; and more

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

Case Briefs High Courts

[Aaj Tak Sting Operation] Certificate under Section 65B can be filed subsequently to ensure fair trial: Delhi HC remands matter back to Trial Court

“In criminal trials certificate in terms of Section 65-B of the Act is to filed before commencement of the trial. However, the Trial Court, in its discretion, after examining any application by the prosecution under Sections 91 or 311 CrPC or Section 165 of the Evidence, may permit production of such certificate at any stage of the trial if no irreversible prejudice is caused to the accused”

Case Briefs High Courts

‘Review is not an appeal in disguise’: Allahabad HC dismisses review application against Order of Remand

There are substantive differences between review and appeal. A decision’s cryptic nature alone does not warrant a review.

Case Briefs High Courts

Explained| How Tripura High Court’s order led to building legal regime for protection of captive animals/seized wild animals

A High-Powered Committee was constituted by the High Court to look into transfer/rehabilitation of captive elephants. Later on, the Supreme extended the Committee’s jurisdiction throughout the country for welfare, care and rehabilitation of wild animals including captive elephants.

Case Briefs High Courts

Crucial to extend education to encompass concept of ‘Virtual Touch’ apart from ‘Good and Bad Touch’; Delhi HC rejects bail application of POCSO accused

The Delhi High Court says that efforts must be taken to teach children about critical thinking skills to assess the credibility of online contacts and safeguard their personal information.

Case Briefs High Courts

Delhi High Court denies permission to a 20-year-old student to abort ‘viable and normal’ foetus

The Delhi High Court said that foeticide would neither be ethical nor legal since the foetus was viable and normal, causing no danger to the life of the mother.

Case Briefs District Court

[Contraband Sampling] Inordinate & unexplained delay of 34 days in filing application u/s 52A NDPS Act; Delhi Court grants bail to foreign national in NDPS case

The accused was a foreign national and was caught with a significant amount of contraband substance, 2975.2 grams of heroin, in his luggage.

Case Briefs High Courts

‘Retirement benefits are hard-earned benefits, not gifts’: Manipur HC quashes an order demanding deduction from retirement gratuity

“It is well settled that pension is not a bounty, being a hard-earned benefit of an employee who has put in long and dedicated service till the age of retirement.”

Legislation Updates Rules & Regulations

SEBI notifies Securities and Exchange Board of India (Employees’ Service) (Second Amendment) Regulations, 2024

The Board made the regulations to amend the Securities and Exchange Board of India (Employees’ Service) Regulations, 2001

RBI amends Foreign Exchange Management (Deposit) Regulations

Legislation Updates Rules & Regulations

Foreign Exchange Management (Deposit) (Fourth Amendment) Regulations, 2024

The Foreign Exchange Management (Deposit) Regulations, 2016 has been amended by the Reserve Bank of India by Foreign Exchange Management (Deposit) (Fourth Amendment) Regulations, 2024.