Editor, Author at SCC Times

HIGH COURT AUGUST 2023 WEEKLY ROUNDUP| Stories on Right to Health; WOW MOMO; sex-selective surgeries; Nuh demolition drive and More

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

How Trial for offences under IPC would be affected if Sanction for offences under PC Act is declined? SC Highlights

“Sanction contemplated under Section 197 of the CrPC concerns a public servant who ‘is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty’ whereas, the offences contemplated in the PC Act, 1988 are those which cannot be treated as acts either directly or even purportedly done in the discharge of his official duties.”

Case Briefs High Courts

Delhi High Court directs issuance of guidelines to address non-compliance of Section 195 of CrPC

“The concerned public servant should have prepared a complaint under Section 195 CrPC and the same should have been filed before the Magistrate or the same could have been forwarded along with the chargesheet to the concerned Court.”

Case Briefs High Courts

‘Inculcate a culture of better treatment of animals, even if they are bred to be culled’: Meghalaya HC

The Meghalaya High Court said that the State may consider being a model in the Country regarding the ethical treatment of animals.

Case Briefs High Courts

Revocation Petition under Section 64 of Patents Act is not a suit within the meaning of Section 10 of CPC: Delhi High Court

“The Court cannot create a deeming fiction on its own, where the statute does not do so. In the absence of any provision which deems a revocation petition under Section 64 of the Patents Act to be a suit, a Court cannot, even in the interests of expediency, so hold.”

Case Briefs High Courts

POCSO| Delhi High Court dismisses petition to recall 7-year-old victim for cross examination; says repeated opportunities do not necessarily indicate fair trial

“While balancing the right of the accused to a fair trial and upholding the intent of the legislation, the courts are duty bound to remain sensitive to the plight of the seven-year-old sexual assault victim.”

Case Briefs High Courts

‘Quashing of charge memo cannot be in routine manner’; Andhra Pradesh HC directs State to take appropriate steps to serve charge memo to Former Forest Range Officer

“It is the basic duty and responsibility of the respondent to protect the environment of the forest by complying with the G.O.Ms.No.91, Environment Forests Science and Technology (FOR.III) Department and by submitting the complete report as it is on his recommendation that the shifting is permitted.”

Case Briefs High Courts

Power to transfer proceedings between High Courts u/s 25 of CPC is exclusively vested in Supreme Court: Delhi High Court

“The Delhi High Court cannot exercise power to transfer proceedings between two separate High Courts as the said power of transfer between two High Courts, can be exercised in terms of Section 25 of the Civil Procedure Code, 1908, by only the Supreme Court.”

Case Briefs Supreme Court

‘Prosecution utterly failed to prove incriminating circumstances beyond reasonable doubt’; SC acquits three murder convicts

The Supreme Court said that the evidence regarding the last seen theory was totally unreliable and the evidence regarding the Call Detail Records also did not inspire any confidence.

Case Briefs Supreme Court

SC upholds Kerala High Court Order: Pathological Laboratories covered under ESI Act from 2007; not 2002

It was notified on 06-09-2007, that provisions of Employees’ State Insurance Act, 1948 would extend to Medical institutions, wherein 20 or more persons are or were employed.

Case Briefs High Courts

Consent for extending arbitral period under Section 29A(3) of 2015 Amendment Act doesn’t need to be express or in writing: Himachal Pradesh HC

“The consensus of the parties in proceeding with the arbitration case beyond twelve months without raising any objection to the continuation of proceeding does amount to consent. On the basis of such consent, the arbitral award if passed after six months would be a valid award.”

Case Briefs High Courts

Rajasthan High Court| Vehicle driven by deceased in course of employment to be compensated by Insurance company only under Workmen Compensation Act, 1923

“The liability of the Insurance Company will be restricted to that arising under the Workmen Compensation Act, 1923 and the owner will be liable to satisfy the remaining part of the award.”

Case Briefs High Courts

[WhiteHat Jr v. Whitehat Sr] Delhi High Court grants permanent injunction to Whitehat Education Technology for its marks ‘WhiteHat Jr’, ‘W’; awards Rs. 9 lakhs costs

“Due to the fact that the defendant has not contested the matter, but compelled the plaintiff to file the present suit, by not agreeing to give up the infringing mark, despite being put to notice, the plaintiff is entitled to receive actual costs.”

Case Briefs High Courts

For fixing inter se seniority, “date of appointment” of direct recruits should be considered: Delhi High Court

“The principle of determination of inter se seniority amongst direct recruits and promote officers makes it clear that for the purpose of fixation of inter se seniority, the date to be reckoned for the direct recruits is “the date of appointment.”

High Court Round Up Legal RoundUp

HIGH COURT JULY 2023 ROUNDUP| Stories on Senthil Balaji; Adipurush Controversy; compassionate appointment in Government Jobs; S. 34 Arbitration Act and More

A quick legal roundup to cover important stories from all High Courts in July 2023.

Case Briefs High Courts

‘Animal Transportation Rules not followed’; Bombay HC upholds custody of animals to NGO

The animals were loaded 3-4 times beyond the capacity of the vehicles, no provision for first-aid equipment, fodder, and water in the vehicle.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Explained| SAT order directing SEBI to refund Rs. 25 crore penalty deposited by Reliance for violating SAST Regulations

There is no such thing under the SAST Regulations that acquisition and holding of shares without making a public announcement is a violation.

Case Briefs High Courts

‘Performance cannot be both unsatisfactory and outstanding in same year’; Rajasthan High Court quashes adverse entries made in Annual Confidential Report

“It is duty of the Reporting Officer and the Reviewing Officer to take care not only that in their assessment of overall performance of the subordinate officer but also they are not influenced by any personal interest, bias or malice.”

Case Briefs High Courts

Delhi HC dismisses petition of a person suffering from ‘locomotor disability’ seeking to pursue MBBS course under PWD category

“Rejection of the disability contained the reason that the petitioner is suffering with Locomotor Disability which is a physical disability and the same is assessed as zero per cent, so no certificate is provided to the petitioner with respect to the disability suffered by him.”

Hot Off The Press News

Gyanvapi ASI Survey| Supreme Court upholds Allahabad HC’s order allowing Survey and Excavation of Gyanvapi Mosque

The Allahabad High Court upheld the Varanasi District Court’s order directing the Director, Archaeological Survey of India to undertake scientific survey/ investigation/ excavation of the Gyanvapi Mosque.