Editor, Author at SCC Times

HIGH COURT SEPTEMBER 2023 WEEKLY ROUNDUP| Stories on Jawan film, Aaj Tak, blocking of railways and roadways, live-in relationship and more

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

Never Reported Judgment| Mere intention to gift is not sufficient; completion of transfer of gift is mandatory [(1952) 1 SCC 445]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Section 123 of Transfer of Property Act, 1882.

Case Briefs High Courts

Gujarat HC discusses NCPCR guidelines for conducting preliminary assessment under Section 15 of JJ Act

“The preliminary assessment is not a trial or just a simple routine task, but an exercise to assess the child’s capacity to commit and understand the consequences of the alleged crime. It decides the fate of the child in conflict with the law”.

Case Briefs Tribunals/Commissions/Regulatory Bodies

65 lakhs penalty imposed on stock traders by SEBI for violating insider trading rules in ABC Bearings and Timken India amalgamation

The merchant banker responsible for providing fair opinion to the ABC was given clean chit of the allegations of insider trading for lack of substantial evidence.

Case Briefs High Courts

Gujarat HC sets aside orders for Juvenile’s trial as an adult; directs JJ Board to conduct fresh preliminary assessment

“JJ Board and the Children’s Court to conduct the preliminary assessment into heinous offences in a very meticulous way with the psychological evaluation, taking the assistance of experienced psychologist and medical specialist”.

Case Briefs High Courts

Deprivation of conjugal rights for more than 18 years amounts to mental cruelty: Delhi High Court upholds divorce

“Their marriage had a rocky start and unfortunately, differences and the mistrust which got generated in the beginning did not let their relationship flourish further.”

Case Briefs High Courts

‘Consequences of cyber-crimes go beyond individual boundaries, impact unsuspecting victims’: Delhi High Court refuses to quash FIR against a man accused of hacking mobile

“Neither are cyber-criminals bound by restrictions of borders due to their global reach, nor do they discriminate among their victims, thereby targeting the elderly, the young, the businesses as well as the governments in the digital landscape.”

Case Briefs Supreme Court

1 yr Pilot study period of Special Courts for Expeditious trials under S. 138 NI Act expires; SC to hear plea for further directions

In a suo motu petition for expeditious trial of cases under Section 138 of the NI Act, the Supreme Court directed for creation of Special Courts with retired judicial/administrative officers, as a pilot study for a period of one year from 01-09-2022 to 31-08-2023.

Case Briefs High Courts

[PepsiCo v Parle] Delhi High Court refuses to restrain Parle from using ‘For The Bold’ campaign as a label on its ‘B Fizz’ bottle

“The least conspicuous part of Parle’s label is, in fact, the “For the Bold!” tagline, featuring towards the lower edge of the label. It is only a customer who is particularly searching for the tagline who, therefore, would notice it.”

Case Briefs High Courts

Gujarat HC upholds husband’s conviction for murdering wife with a hammer

The circumstances and the witness statements proved the husband’s complicity in killing wife beyond reasonable doubt.

Case Briefs High Courts

‘Wilful disregard for the judicial proceedings has to be checked’: Delhi High Court sentences a man for six months simple imprisonment for contempt of court

“The edifice of a vibrant constitutional democracy rests on the pillars of rule of law, which needs to be preserved with full vigour to maintain the sanctity of judicial proceedings.”

Case Briefs High Courts

Depositing award amount for withdrawal with due notice to the decree holder is sufficient to discharge onus on the judgment debtor: Delhi High Court

“The decree holder was not required to await the outcome of the objections filed under Section 34 of the Arbitration and Conciliation Act, 1996, however, if it did choose to remain under a self-imposed embargo, then it can’t demand interest.”

Case Briefs High Courts

Drawback benefits available on gold exports despite non-payment of basic custom duty, if additional duty is paid during import: Delhi High Court

“Once the petitioner had paid the duties as contemplated under Section 3 of the Tariff Act, 1975, it could not be possibly contended that the goods were imported ‘duty free’.”

Case Briefs High Courts

Orissa High Court holds Daman Pratirodha Mancha to be an unlawful association as activities are akin and identical to Naxalite movements

“Every association has a right to protest against the act of the State Government within the meaning of the fundamental rights enshrined in the Constitution of India. But if it exceeds the limits in the name of protest, the same cannot be covered under the protective umbrella of the fundamental rights as enshrined under the Constitution”.

Case Briefs High Courts

Benefit under Vera Samadhan Yojana-2019 cannot be denied due to erroneous figures in Intimation letter of tax assessment: Gujarat HC

Vera Samadhan Yojana-2019 is a benevolent scheme floated by the State for the assessees to see that principal amount of tax is recovered on waiver of interest and penalty, if any, so as to reduce the future litigation.

Case Briefs High Courts

In absence of examination of the party to a suit, facts deposed by the power of attorney holder cannot be relied upon: Chhattisgarh High Court

“The pleading made by respondent-plaintiff through the power of attorney holder in the plaint is to be examined as against the statement made by the power of the attorney holder as a witness.”

Case Briefs High Courts

Orissa HC acquits rape convict for lack of evidence and consensual relationship; desists two-finger test

“Two-finger test is no less than adding an unforgettable insult to an unhealed injury. The test violates the right to privacy, physical, mental integrity and dignity”.

Case Briefs Supreme Court

SC explains Object and Purpose of inclusion of Sec. 10-A of MMDR Act by MMDR Amendment Act, 2015

“Section 10A(1) of the Mines and Minerals (Development and Regulation) Act, 1957 mandates that all applications received prior to 12-01-2015 shall become ineligible”.

High Court Round Up Legal RoundUp

HIGH COURT SEPTEMBER 2023 WEEKLY ROUNDUP| Stories on Live-in relationship; Child custody; Financial incapacity of Spouse; Seat of arbitration and more

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

Case Briefs High Courts

Orissa HC vexed over Notaries issuing Marriage Certificates having no value in eyes of law

“Due to such extra-legal and dishonest arrangements by the Notaries, parties are made to believe that they are legally married when in fact their marriage does not have even the slightest of legal sanctity”.