Editor, Author at SCC Times

Delhi High Court sets aside arbitral award due to violation of S. 12(5) Arbitration Act

“It is well settled principle that unilateral appointment of Arbitrator is not permissible under the law”

Delhi HC restrains entities from infringing Jackie Shroff’s publicity and personality rights including his name, voice and image for commercial gains

The Court sought response from a content creator for a YouTube video titled “Jackie Shroff Is Savage (*) Jackie Shroff Thug Life” and viewed that restricting such creative expressions stifles freedom of expression, potentially deterring the public from exercising their right to free speech due to fear of legal repercussions.

Case Briefs High Courts

‘The forest department workers were thrown out of service to deprive them of benefits of regular services’; Gujarat HC orders reinstatement for wrongful termination

“The act of terminating services of the petitioners, so as to deprive them of the benefits of Government Resolution was illegal and contrary to the principles of natural justice.”

Case Briefs High Courts

Date of commencement of selection process for appointment to be taken into consideration for old pension scheme not the date of appointment order or joining date: Madras HC

The old pension rules do not apply to those appointed on or after 01-04-2003.

Case Briefs Foreign Courts

CJEU annuls European Parliament decision refusing to grant access to the data of Ionnis Lagos’ allowances drawn as a Member of EU Parliament despite conviction

Once the necessity of transmission of personal data was established, the requested European Union institution must weigh the interests of the parties concerned and verify whether the data subjects’ legitimate interests may be prejudiced by that transmission

Case Briefs High Courts

Employees must fulfill requisite qualification for promotion to the post of ‘Assistant Manager’ in State Transport Corporation: Madras HC upholds seniority list

“In terms of Rule 60(d)(i) of the Common Service Rules, when the appointment is to the post in the grade of “Assistant Manager (Legal)”, one must have five years of experience in the feeder category viz., the post of “Senior Superintendent”

Case Briefs High Courts

Sikkim High Court allows State’s application for condonation of delay for appeal in POCSO case; Costs amounting to Rs 20,000 imposed on State

The Court stated that, while it is important that litigants including the State, are accorded the same treatment and the law is administered even- handedly; however, a little latitude is considered by the Courts when the State is the seeking condonation of delay.

Case Briefs High Courts

[Unjust Enrichment] Bombay High Court directs for refund of amount deposited with Sub-Divisional Officer on account of cancellation of event

The Court said that in the absence of any authority to forfeit the sum deposited in the application or agreement between the petitioner and the respondent, or any statutory provision or circular, renders the respondents disentitled to withhold the amount deposited with them.

Case Briefs High Courts

“Interests of securing higher profits must yield before the safety of lakhs of passengers using the platform”: Bombay HC

The Court held that railway platforms exist mainly for travelling passengers and their free movement; their safety being paramount compared to the business interest of the petitioner in operating the catering stall.

High Court Round Up Legal RoundUp

HIGH COURT MAY 2024 WEEKLY ROUNDUP| Stories on Baba Tarsem Singh Murder; Maternity Benefits for Third Child; Aaj Tak Sting Operation; PM Modi; and more

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

Case Briefs High Courts

Delhi High Court initiates contempt against advocate for writing derogatory comments in chat box during virtual hearing

“Petitioner appears to have taken a wrong end of law, aggrieved against adverse orders passed by the Judicial Officers of the District Courts as well as this Court and cannot be permitted to cross the red line, thereby making personal attack on the Judges which undermines the integrity of the Institution.”

Case Briefs High Courts

Gauhati High Court declares Article 11, Schedule I of Court Fees Act, 1870 (Assam Amendment) ultra vires to Article 14 of Constitution

“The fees levied by courts should not exceed the cost of administration of justice. The levy of fee by courts for grant of probate without an upper limit is a discriminatory class legislation without any rational nexus or reasonable differentia.”

Events/Webinars News

Admissions Open: Uttar Pradesh State Institute of Forensic Science, Lucknow

The Uttar Pradesh State Institute of Forensic Science (UPSIFS) in Lucknow, established in the year 2023 by the Government of Uttar Pradesh.

Case Briefs High Courts

Delhi HC dismisses petition challenging auction for operating Janaushadhi Shop at Safdarjung Hospital under Pradhan Mantri Bhartiya Janaushadhi Scheme

The Delhi High Court opined that tendering authority has the power to determine the terms on which tender will be given, unless the terms are not arbitrary and discriminating, the Court cannot scrutinize them.

Case Briefs High Courts

‘Worked on a higher post for more than 14 years’; Delhi HC quashes demand for recovery of differential higher salary paid after demotion

The Delhi High Court directed the respondents to consider releasing petitioner’s terminal benefits by taking into account the higher salary which he was drawing during the 14 years when he was working as a Research Officer.

Case Briefs High Courts

Can charges be altered under S. 216 CrPC, or is it solely a judicial prerogative? Kerala HC answers

“Request for the addition of the charge under section 370 IPC, as it stood prior to 2013, cannot be made at the instance of the prosecution. An addition of charge has to be done by the Court based upon its own satisfaction and not at the behest of any of the parties to the trial”

Case Briefs High Courts

Delhi High Court sets aside Assessment Order passed against Bausch and Lomb for violation of natural justice principles

It is wholly insufficient to proceed to make an addition on the basis that CBIC is an apex body and information provided by it cannot be doubted, without even analyzing such information.

Case Briefs High Courts

[Karim’s v. Karin’s] Delhi High Court rules in favour of Karim’s trademark in infringement suit

“The Defendants have entirely imitated Plaintiff No. 1’s registered trademarks, replicating all aspects such as font of the letters, design of the logo, color scheme, size, style, and placement of letter and the taglines. Both the marks are also used for identical services.”

Case Briefs High Courts

‘Seat of arbitration is the place where arbitral proceedings are anchored’; Delhi High Court rejects petition filed u/s 34 of Arbitration Act

The Delhi High Court says that the seat of the arbitration is to be determined based on arbitral proceedings and not with cause of action for underlying disputes.

national legislation contravention EU law

Case Briefs Foreign Courts

EU Law does not prevent national legislation from excluding associations of judges from challenging decisions vis-a-vis appointment of prosecutors: CJEU

The Court held that Art 2 and Art.19(1) TEU, read with Arts 12 and 47 of the Charter must be interpreted as not precluding any national legislation which excludes professional associations of judges from challenging the appointment of prosecutors competent to conduct criminal prosecutions against judges.