Editor, Author at SCC Times

Criminal Law Roundup July 2024 | Updates on cases related to quashing of proceedings, wrongful detention, bail, and more

Read July’s share of criminal law discussions at the Supreme Court and various High Courts

Prohibition of Child Marriage Act will supersede Muslim Personal Law; every Indian a citizen first, religion comes later: Kerala HC

“The Prohibition of Child Marriage Act, 2006 prohibits child marriage, it supersedes the Muslim personal law, and every citizen of this country is subject to the law of the land, which is Act 2006, irrespective of his or her religion”

Case Briefs High Courts

‘UIDAI can be directed to disclose data in sealed cover in exceptional Habeas Corpus cases without prior hearing’: Delhi High Court

The Delhi Police was directed to file an updated status report of the missing woman based on updated Aadhar card information.

Case Briefs High Courts

‘FIR was filed with an ulterior motive of wreaking vengeance on the husband’s family’: Bombay HC quashes woman’s FIR against in-laws alleging cruelty

The instant FIR was nothing, but a shot fired by the husband from his wife’s shoulders to espouse his own interest in the father’s property.

Legislation Updates Rules & Regulations

SEBI updates method of ‘Disclosure of Shareholding’ vide Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2024

The 2024 Regulations have amended various provisions of the 2018 Regulations including provisions for disclosure of shareholding patterns and the constitution of Core Settlement Guarantee Fund Committee.

Hot Off The Press News

[Krishna Janmabhoomi-Shahi Eidgah Mosque dispute] Allahabad HC dismisses plea by mosque committee challenging maintainability of suits filed by Hindu parties

“On an earlier occasion, the suit was dismissed by the Civil Court on the ground of bar on admitting under the Places of Worship (Special Provisions) Act, 1991. However, this was overturned after an appeal before the Mathura District Court.”

Case Briefs High Courts

Whether a petition can be rejected in part upon an application being moved under Order 7 Rule 11 of the CPC? Delhi HC answers

“The Court said the Family Court judge was correct in holding that divorce petition could not be rejected merely because a part of the cause of action was not viable in law if the Court otherwise had jurisdiction to entertain the action, and therefore, the application under Order 7 Rule 11 was not sustainable.”

Case Briefs High Courts

‘Section 34 of Arbitration Act cannot be used as tool for reappreciation of facts’: Delhi HC

“Section 34, quite apart from its classically limited scope, is certainly not intended to be used as a tool for a litigant to desist from participating in the arbitral proceedings, despite being fully aware thereof, and, thereafter, seek a second bite at the arbitral cherry.”

Case Briefs High Courts

‘Offence under S. 354A of IPC is gender specific and only a man can be prosecuted under the same’; Calcutta HC quashes sexual harassment case against female accused

It was said that since all sub-sections of Section 354A of IPC start with the words ‘a man’, a female accused would not be covered under this Section.

Case Briefs High Courts

Bombay HC refuses to quash FIR against Director of International Pharma Trader Co. for non-compliance with NDPS provisions

The Export Promotion Council of India is merely a facilitator in promoting exports of pharmaceutical products, and the RMCC is a facilitator for the Customs officials in the enhancement of security; the non-provision of the Notification by them was not a justification for the applicant’s non-compliance.

Case Briefs High Courts

‘Ultimate decision of woman whether to opt for abortion or adoption’: Allahabad HC directs State to facilitate discreet delivery and adoption of 15-year-old minor girl’s unborn child

A woman’s decision in whether or not to go ahead with the termination of her pregnancy is a decision that is to be taken by no one but herself. This is primarily based on the widely acknowledged idea of bodily autonomy. Here, her consent reigns supreme.”

Case Briefs High Courts

Delhi High Court grants bail to 68-year-old rape accused

The Court refrained from commenting on the merits of the contentions of either party, as trial was pending in the matter.

Case Briefs High Courts

Kerala HC quashes proceedings against husband after considering settled married life and wellbeing of children

“Effacing abominable offences through quashing process would not only send a wrong signal to the community, but may also accord an undue benefit to unscrupulous habitual or professional offenders, who can secure a “settlement” through duress, threats, social boycotts, bribes or other dubious means”

Case Briefs High Courts

Can a person change his religion in school certificate after conversion? Kerala HC answers

“Even if it is to be accepted that there is no provision enabling change of religion entered in school certificates, that is no reason to tie down a person to one religion, merely by reason of his birth”

Case Briefs High Courts

‘Consent derived in fear of injury or misconception of fact is no consent’: Bombay HC refuses to quash proceedings against accused for offences including rape

The Court noted that Section 90 of IPC does not define the term “consent”, but the law does not see “consent derived from a fear of injury and misconception of fact” as consent.

Case Briefs High Courts

Why did Delhi HC refuse to grant ICAI ad interim injunction against Netflix for staying release of series ‘Tribhuvan Mishra CA Topper’?

“It is a series which appears to be more in the genre of comedy, and merely describes the main character as a topper in Chartered Accountancy Examination. It is neither intended nor can be perceived to be derogatory to the profession of Chartered Accountancy.”

Case Briefs High Courts

Delhi High Court grants permanent injunction to Adidas AG in suit filed for infringement of ‘ADIDAS’ trade mark

It was said that when a mark as distinctive and well-known as “Adidas” is copied, it can dilute the mark’s distinctiveness and harm the brand’s reputation, irrespective of the differences in the product categories.

Case Briefs High Courts

‘One business partner’s conduct detrimental to another’; Bombay HC grants interim relief u/s 9 to aggrieved partner, in absence of efficacious remedy u/s 17 of Arbitration Act, 1996

Due to the respondent 1’s brazen disregard for the status quo order, the Court in absence of a Section 17 remedy, had to grant an interim relief under Section 9 of the Arbitration and Conciliation Act, 1996.

Case Briefs High Courts

Does information seeker have locus standi in penalty proceedings under Section 20 of RTI Act? Delhi HC answers

The formation of opinion under Section 20(2) of the Right to Information Act, 2005 is in the exercise of supervisory powers of Central Information Commission and not in the exercise of the adjudicatory powers.

Case Briefs High Courts

‘Callous and negligent attitude’; Allahabad HC directs Lucknow University to pay Rs 2 lakhs compensation for withholding a student’s 3rd year result on presumption of misconduct

“The action of the Lucknow University in not only in violation of principle of nature justice but has deleterious effect on the future of the candidate and such an action is deplorable.”