Editor, Author at SCC Times

Right to sleep is a basic human right and non-providing of the same may impair a person’s mental faculties, cognitive skills; Bombay HC directs ED to issue circular against recording statement at night

Recording statements at unearthly hours definitely results in deprivation of a person’s sleep, a basic human right of an individual.

Case Briefs High Courts

Kerala HC directs Union to immediately address violations of broadcasting advisories in telecasting Malayalam Bigg Boss Season 6

Kerala High Court also directed Union to instruct Mohanlal, Endemol Shine India, Asianet and Disney Star to desist from telecasting such show in the electronic media.

Case Briefs High Courts

Kerala HC directs State to formulate guidelines in tune with Kerala Education Rules about the importance of playground in schools

“A playground in a school is a part and parcel of the school. Without a playground, there cannot be a school. The education of the children is not in the classroom alone; it should spread to the playground as well. Playgrounds are the ultimate classroom where children learn through play. The playground is where the children can themselves shine mentally and physically”

Case Briefs High Courts

Inside Madras HC verdict declaring CBDT Circular giving differential treatment to new trust having provisional approval u/s. 80G as unconstitutional

Madras High Court said that irrespective of whether petitioner trust have or do not have any vested right to claim the extension, the classification done by CBDT through the Circular have no reasoning for leaving out the regular registration of newly provisionally registered trust under Section 80G of the Act in respect of new trusts.

Case Briefs High Courts

Assessing Officer to record dissatisfaction with correctness of claim of Assessee in respect of expenditure with cogent reasons: Bombay HC

Bombay High Court dismissed an appeal of Income Tax Commissioner to disallow expenditure amounting to 94 Crore u/s 14A of the Income Tax Act, 1961.

Case Briefs Foreign Courts

Singapore HC upholds Final Award in arbitral proceedings over sale and purchase of lab-grown gemstone jewellery company shares

The Court noted that, “To attract curial intervention, it must be established that the breach of the rules of natural justice must, at the very least, have actually altered the final outcome of the arbitral proceedings in some meaningful way”.

Case Briefs High Courts

‘Hospitals can’t insist on police complaint as condition to provide medical care’: Bombay HC

“Grant of medical aid to any person is directly concomitant with the guarantees of Article 21 of the Constitution.”

Case Briefs High Courts

Confiscation of goods cannot be done on estimates when option of physical verification is available; Allahabad High Court quashes order of confiscating stock and imposing penalty

“The burden of proof for confiscation of goods is on the Department and the procedure cannot be done merely on estimates when a physical verification can be carried out.”

Case Briefs High Courts

‘Fair and Handsome’ v. ‘Glow and Handsome’; Calcutta HC rules in favour of Emami in Passing Off Dispute Against Hindustan Unilever

Unfair advantage through conscious adoption of a competitor’s mark leads to potential confusion and deception”

Case Briefs High Courts

Bombay HC allows acid attack victims to seek compensation beyond limitation period provided in Maharashtra Victim Compensation Scheme

Bombay High Court directed the acid attack victims to make an appropriate application within a period of four weeks from the date of this judgment.

Case Briefs High Courts

[S. 115 CPC] | ‘The Pension Act, 1871 not enforced in Sikkim’; Sikkim High Court holds that claims to be made under State Pension Rules

The Court held that the Sikkim Government Pension Rules do not prohibit the revisionist from entering into a compromise deed with the respondent, therefore, the former is bound by the deed.

Case Briefs High Courts

‘Hindrance to traffic, free movement of people not a ground to reject permission for conducting political rallies’; Madras HC allows BJP President JP Nadda to conduct rally from alternative route

Madras High Court directed the District Secretary to comply with the conditions imposed by the Election officer and Police, and all the parties were directed to ensure that the rally takes place peacefully without giving rise to any law-and-order problem

Case Briefs High Courts

Bombay HC grants interim bail to accused; doubts compliance of law by police

The Court stated that the allegations against the police officers are serious, and the latter need to respond to them.

Case Briefs High Courts

‘25% of net income of husband is just and proper as maintenance to wife’; Allahabad HC dismisses husband’s revision plea for alteration of maintenance

The proceeding u/s 125 CrPC. is summary in nature in which only prima facie it has to be seen that the applicant is the wife of opposite party. It is a social legislation enacted for protecting the wife, minor children, and parents of a person from vagrancy and destitution.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Undertake scheme for storm water drainage in Deoria’; NGT issues directions to prevent water logging and pollution while constructing drains

For the construction of drainage system, earth was excavated in violation of environmental norms causing pollution in Deoria.

Case Briefs High Courts

Read why Kerala HC declined bail to accused persons in Puthiyakavu Temple blast case

Kerala High Court remarked that Kerala has a grim history of fireworks-related accidents

Case Briefs High Courts

Google Play not a payment aggregator; Calcutta High Court dismiss Hoichoi’s plea against Google Play Store delisting

The extracts of the relevant web-pages furnished by the Hoichoi, the petitioners, themselves go on to show that the Google Play platform merely offers different payment methods but does not itself Act as a PA.

Hot Off The Press News

CBI takes over probe and registers FIR; Kerala High Court closes veterinary student’s death case

A second-year student studying in College of Veterinary and Animal Sciences in Pookode, Wayanad was found hanging in the hostel due to alleged torture and ragging.

Case Briefs High Courts

Orissa HC directs Sambalpur University to pay 5 lakh compensation for wrongly declaring student as ‘fail’, causing loss of 10 years of professional life

“Loss of efficient examination conduction can cause anxiety and uncertainty among students while hindering their ability to make informed decisions, and such actions should be compensated by the authorities concerned.”

Case Briefs High Courts

Murder convict acquitted by Jharkhand High Court after eight years due to insufficient circumstantial evidence

The Court noted that the conviction was solely based on last seen evidence and it was not corroborated with any evidence, hence it could not be said to be just and proper.