Editor, Author at SCC Times

Acid attack cases sow the seeds of fear and insecurity in society; Court’s role in granting or denying bail significant: Delhi High Court

“A heinous crime such as acid attack on a woman in broad daylight, in a thickly populated area can evoke strong emotions in the society in addition to inflicting grave psychological trauma to the victim.”

Case Briefs High Courts

Inside Gujarat High Court Verdict on why parents forcing children below age of 3 years to go to pre-school is an illegal act

“National Education Policy, 2020 regards the age of below six years as the age of ‘early childhood care and education’ and there are studies showing that 85 percent of a child’s cumulative brain development occurs prior to the age of six”.

Case Briefs High Courts

Complaints which are not substantiated by evidence, and remain unproved are acts of cruelty: Delhi High Court upholds the divorce decree

“Thus, while looking at acts of mental cruelty, the court must look at the married life as a whole and not merely a few isolated incidents.”

Case Briefs Supreme Court

Supreme Court lays down tests for deciding legality of preventive detention orders

The Court also revisited the difference between disturbances relatable to ‘law and order’ and disturbances caused to ‘public order’ and said that it is trite that breach of law in all cases does not lead to public disorder.

Case Briefs High Courts

Relevance of the documents sought under Order VII Rule 2 of CPC should be stated in the affidavit: Andhra Pradesh High Court upholds Order dismissing application

“It is not stated in the affidavit as to how the documents are relevant to the suit except stating that, the documents are important and crucial documents to prove that the promissory note suit is a rank forged and materially altered.”

Case Briefs High Courts

Treating ‘HARPIC DRAIN XPERT’ similar to ‘XPERT’ would be stretching the principle of similarity to an unreasonable extent: Delhi High Court upholds registration

“To hold that a customer would be confused, because the word ‘XPERT’ forms the second part of the second word of the impugned mark, would be consigning reality to oblivion.”

Hot Off The Press News

Abrogation of Article 370 | Supreme Court Constitution Bench reserves verdict

The hearing of the matter began on 02-08-2023 and was concluded on 05-09-2023.

Case Briefs High Courts

“A death in custody is a slur on a civilised State and completely unacceptable”; Meghalaya HC fixes quantum of compensation for custodial deaths

“The next and kin of the deceased prisoner will be entitled to a sum of Rs.15 lakh if the victim was below 30 years of age; a sum of Rs.12 lakh if the victim was below the age of 45 years but above the age of 30 years and, a sum of Rs.10 lakh if the victim was above 45 years of age, as on the date of death”.

Case Briefs High Courts

Gujarat High Court holds selection of tender through random algorithm process by machine as transparent and fair

“No arbitrariness can be attached to the selection process through random algorithm method, as there is no human intervention in selection of the bidder”.

Case Briefs High Courts

Delhi High Court sets aside order restraining Royal County of Berkshire Polo Club from using its polo player device mark

“The Appellate Court while hearing an appeal against an interim order ought not to disturb the prima facie findings, but it can substitute its own discretion when it is found that the Trial Court has exercised the jurisdiction in ignorance of settled principles of law.”

Conference/Seminars/Lectures Law School News

Domestic and International Arbitration only differ in dispute resolution mechanism, not in essence: Justice Vibhu Bakhru at 14th Annual International Conference 2023

The Nani Palkhivala Arbitration Centre (‘NPAC’) conducted 14th Annual International Conference 2023 on ‘Recent Advances and Developments in Global Arbitration’ on September

Case Briefs High Courts

‘Grant of Contract to construct flats for homeless without Inviting Tenders not Arbitrary’: Telangana HC

“No material was brought on record to show any financial loss to the public exchequer due to the payments made to the company, completing the construction, hence, the action of the Greater Hyderabad Municipal Corporation was just, fair and reasonable”.

Legal RoundUp Supreme Court Roundups

Supreme Court Roundup August 2023 | Modi Surname Defamation; Ex-RJD MP conviction; Dying Declaration; Arnesh Kumar guidelines; Dissenting Opinion in Arbitration, and more

Take a round of the Supreme Court's Judgments and Recommendations of the Collegium in the month of August along with some top stories on Rahul Gandhi's conviction, V Senthil Balaji, Manipur Violence and much more.

Case Briefs High Courts

Delhi High Court establishes Fact-Finding Committee to evaluate sanitation and drinking water conditions in Tihar Jail

“A prisoner’s basic constitutional rights persist, even behind bars. Therefore, any measures restricting an individual’s freedom must not infringe upon their inherent dignity and rights.”

Case Briefs High Courts

Family Court has the power to order a person to undergo medical test, even if the marriage is denied: Andhra Pradesh High Court reiterates

“A Matrimonial Court has the power to order a person to undergo medical test, therefore, it cannot be contended that the relief cannot be granted merely because the marriage was denied.”

Case Briefs High Courts

An estranged wife has a right to seek amount of maintenance in the like status of her spouse; Rajasthan High Court enhances the quantum of maintenance

The object of maintenance proceeding would be that one party having no sufficient means to satisfy his/her daily needs and has no source of income to procure bread and other needs which are necessary to maintain one's life, if the same is to award after 10 years of the prayer then the very purpose would be frustrated and defeated.

Case Briefs Supreme Court

Whether Customs Act creates a first charge, overriding the charge in favour of secured creditor? SC answers

“Provisions in the Customs Act, 1962 do not negate or override the statutory preference in terms of Section 529A of the Companies Act, 2013”.

Case Briefs High Courts

Composite trade marks not to be dissected to determine deceptive similarity, comparison to be made as a whole: Delhi High Court

“The plaintiff's mark and the defendants' mark are composite trade marks, which imply that they are a combination of different elements, and their registration willd not grant an exclusive right in the word ‘d mart'.”

Case Briefs Supreme Court

‘Criminal antecedents of accused cannot be sole consideration to decline quashment of proceedings’; SC Observes

“FIR in a criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial and the delay in the registration of the FIR, by itself, cannot be a ground for quashing of the FIR”.

transfer of property act genuine transaction sham transaction

Cases Reported Never Reported Judgments

Never Reported Judgment| Price paid less than market value in transfer of property cannot convert a genuine transaction into a sham one [(1952) 1 SCC 127]

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