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Cases Reported in HCC

Bombay High Court Service Law—Upgradation of Pay—Petition against denial of financial upgradations under the Assured Career Progression Scheme (ACPS) and the Modified

Case Briefs High Courts

Kerala HC directs registry to list matters as per roster, failing which strict disciplinary action will be taken

“The Office is duty bound to list matters before the concerned Judge strictly as per the roster, unless otherwise ordered by the Chief Justice. Any deviation from this direction, thereby causing difficulty to the Judges or Advocates appearing in the matter, will invite disciplinary action against the officials concerned.”

Case Briefs High Courts

Delhi High Court sets aside Punishment Ticket issued to Central Jail inmate for possessing 50 grams of tobacco

The Delhi High Court noted that there was a delay in forwarding the punishment inquiry to the Inspecting Judge, which contravened Rule 1273 of the Delhi Prison Rules, 2018.

Legislation Updates Notifications

SEBI issues Master Circular for Investment Advisers rescinding 25 previous circulars

This Master Circular is an amalgamation of all previous circulars and advisories related to Investment Advisers issued until 15-05-2024.

Case Briefs High Courts

[Naval Staff Promotions] Bombay HC dismisses petition by 25 naval staff members for discrepancies in promotions

The Court held that the mere ipse dixit of the petitioners was the prejudice and monetary loss caused to them; not even a single instance of a junior employee was promoted before a senior employee was presented by the petitioners.

Legislation Updates Notifications

SEBI issues Master Circular for Research Analysts to enable comprehensive access for users

The Master Circular includes all guidelines and directions issued till 15-05-2024 for better accessibility.

Case Briefs High Courts

Delhi High Court denies bail to alleged NSCN-IM member in terror funding case

The Delhi High Court says that being a government employee, the appellant cannot be permitted to be free by merely contending that the accounts, though in his name, were being managed by the co-accused.

Case Briefs High Courts

Bombay High Court reinstates government employee terminated by State issuing a stigmatic order without conducting enquiry

The Court referred to MAT’s finding that the petitioners were empowered to terminate the services of a probationer in case of misconduct, provided that such misconduct is proved after an opportunity of being heard is availed to the respondent. However, the same was not followed by the petitioners.

Case Briefs High Courts

Delhi High Court orders planting of saplings as restitution for settlement

Since the parties to disputes were closely related to each other and the dispute between parties was amicably settled, instead of imposing the costs upon the petitioner, he is directed to plant 30 saplings of trees.

Case Briefs High Courts

Deceased wife travelling in private vehicle of her husband held to be covered as third party; Sikkim HC awards “just compensation” to mother-in-law and minor child

The Court discussed the difference between a gratuitous passenger travelling in a private vehicle that met with an accident, and the deceased wife of the insured in the instant case who was held to be covered as a “third party”. The distinction proved to be elemental in granting “just compensation” to the appellants.

Legislation Updates Notifications

SEBI issues Master Circular on Non-Convertible Securities, Debt Securities, and Commercial Paper to serve as a comprehensive guide for issuers

The Master Circular has been created to consolidate previous circulars and guidelines up till 21-05-2024 by SEBI

Case Briefs High Courts

Delhi High Court grants ‘Dynamic+ Injunction’ in favour of Universal Studios to protect its copyrighted works

The Court found it fit to grant a Dynamic+ injunction to keep up with the hydra-headed nature of the infringement actions of the websites.

Case Briefs High Courts

[Budgetary Support Scheme under GST Regime] | Sikkim HC dismisses Glenmark Pharma’s monthly support claim for the quarter of July- September 2017

The Court held that Glenmark Pharma should have followed the prescribed procedure while seeking the grant of budgetary support, and not work out a different procedure for the authorities to follow.

Hemant Soren plea rejected by Supreme Court

Hot Off The Press News

SC refuses to entertain former Jharkhand CM Hemant Soren’s Bail plea against his arrest by ED

Hemant Soren was arrested on 31-01-2024 and resigned from the post of Chief Minister of Jharkhand on the same day.

Case Briefs High Courts

Which judgment is binding when coordinate benches of Court have conflicting decisions? Allahabad HC answers

“When a Coordinate Bench issues a judgment on a particular legal issue, that judgment becomes binding precedent for subsequent cases involving a similar issue before another Coordinate Bench”

Case Briefs High Courts

Delhi High Court orders SpiceJet to return all aircrafts along with engines to TWC

“If the engines are not returned and properly serviced, TWC Aviation Capital Ltd. would suffer irreparable harm, as this could cause irreversible damage to the engines.”

Case Briefs High Courts

[Right to Education] Delhi High Court grants provisional admission to a Disadvantaged Group Category Student

The petitioner’s daughter is a child belonging to DG in the SC category within the meaning of Section 2(e) of the Right of Children to Free and Compulsory Education Act, 2009 (“the RTE Act”) and is, therefore, entitled to free, compulsory and elementary education till its completion under Section 12(c) of the RTE Act.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Reimbursement expenses & rent-free accommodation not part of total consideration for calculating Service Tax: CESTAT

The Tribunal opined that both service provider and service recipient were government undertakings and cannot be said to have any intention to evade the tax payment.

Case Briefs High Courts

Gauhati High Court directs State to reconsider experience as homeguards/ Special Police Officers for constables recruitment under Assam Industrial Security Force

The High Court directed the State to follow a uniform marks allocation process for the appointment of constables under AISF and reconsider the case of candidates having prior experience as home guards and SPOs.

Case Briefs High Courts

Delhi High Court dismisses PIL seeking to direct medical professionals to inform patients about side effects of a drug

Delhi High Court stated that since the legislature in its wisdom has elected to impose this duty on the manufacturer and the pharmacist, we do not find any ground for issuing a direction as prayed for in this PIL as it would amount to judicial legislation.