Editor, Author at SCC Times

‘India is changing’, ‘Criminal laws direct the moral arch of the nation’: CJI at the conference on India’s Progressive Path in the Administration of Criminal Justice System

In the inaugural address delivered by Dr. DY Chandrachud, Chief Justice of India, he said that the new three new criminal laws are the watershed moment for our society, because no law affects the day-to-day conduct of our society like criminal law.

Case Briefs High Courts

3 years practice or 70% marks in bachelor’s degree mandatory for Civil Judge exam: MP High Court upholds validity of amendment in MP Judicial Service Rules

“The language used in the instant amendment is neither ambiguous nor calls for any interpretation. The expression used in the amendment is clear and cogent.”

Case Briefs High Courts

Bombay HC denies interim relief to filmmaker Ramesh Sippy in inheritance claim on 27 cinematograph films, 500 shares in Sippy Films & Mumbai flat

The Court found no substantial evidence to exercise discretion in favor of Ramesh Sippy’s inheritance claim.

Case Briefs High Courts

‘Objections under S. 47 CPC are applicable only to execution of decrees not maintainable against arbitral awards’; Allahabad HC imposes Rs 5 lakhs cost on State

“Imposition of costs in cases of frivolous litigation is essential to maintain the integrity, efficiency, and fairness of the judicial system. By deterring abuse of the legal process, promoting judicial efficiency, and upholding the principles of fairness and justice, cost imposition serves to safeguard the rights of individuals, protect the integrity of the legal system, and bolster public confidence in the administration of justice.”

Case Briefs High Courts

Admissions and jobs based on 10% reservation to Maratha under SEBC, subject to final outcome of pleas challenging Maharashtra Reservation Act: Bombay HC

The Act grants 10 percent reservation to the Maratha community under the Socially and Educationally Backward Class (SEBC) category. A report of MSBCC cited ‘exceptional circumstances and extraordinary situations’ for surpassing the total reservation limit of 50 percent.

Case Briefs High Courts

Man fakes own death to claim insurance after allegedly murdering neighbor : Bombay HC refuses to grant bail

To avail the benefit of insurance policy of Rs.1,50,00,000/-, an innocent person was killed to portray that the accused had met with an accident and in the said accident, the car in which the accused was travelling caught fire and got burnt.

Case Briefs High Courts

[Special Law v. General Law] Bombay HC deciphers interplay between IPC and IT Act in punishing for overlapping offences

“For a special statute, such as the IT Act, to override the general law, such as the IPC, the ingredients of the offence under both laws must be the same. If any ingredient of an offense under the IPC is missing in the act made punishable under the special statute, the IPC will not be excluded, and it can still be resorted to.”

Case Briefs High Courts

Convicts under MCOCA can’t be excluded from availing the benefits of 2006 State Remission Policy: Bombay HC

The High Court held that Arun Gawli is entitled to the benefits flowing from the State Remission Policy dated 10-01-2006, which was prevailing on the date of his conviction.

Case Briefs High Courts

‘Shocking and Astounding order’; Bombay HC quashes CGIT’s order reinstating employee who slapped supervisor

The Court found it shocking that the CGIT did not find the act of an employee slapping his supervisor without provocation to be serious, and such misconduct ought to be visited with penalty of termination.

Case Briefs High Courts

Calcutta High Court dismisses application due to non-existence of arbitration clause in subcontractor’s work order

‘A reference to the document in the contract should be such that shows the intention to incorporate the arbitration clause contained in the document into the contract’

Case Briefs Foreign Courts

[Downgrading of Prince Harry’s Security] | UK HC directs the Duke of Sussex to pay 90% of reasonable costs to the Home Department for the legal expenses incurred

The instant costs order is in addition to successive series of orders passed by the English courts in the matter of Prince Harry, Duke of Sussex, who had stepped down from being a senior royal; thereby having his public-funded security downgraded whilst visiting the UK.

Case Briefs High Courts

Right to sleep is a basic human right and non-providing of the same may impair a person’s mental faculties, cognitive skills; Bombay HC directs ED to issue circular against recording statement at night

Recording statements at unearthly hours definitely results in deprivation of a person’s sleep, a basic human right of an individual.

Case Briefs High Courts

Kerala HC directs Union to immediately address violations of broadcasting advisories in telecasting Malayalam Bigg Boss Season 6

Kerala High Court also directed Union to instruct Mohanlal, Endemol Shine India, Asianet and Disney Star to desist from telecasting such show in the electronic media.

Case Briefs High Courts

Kerala HC directs State to formulate guidelines in tune with Kerala Education Rules about the importance of playground in schools

“A playground in a school is a part and parcel of the school. Without a playground, there cannot be a school. The education of the children is not in the classroom alone; it should spread to the playground as well. Playgrounds are the ultimate classroom where children learn through play. The playground is where the children can themselves shine mentally and physically”

Case Briefs High Courts

Inside Madras HC verdict declaring CBDT Circular giving differential treatment to new trust having provisional approval u/s. 80G as unconstitutional

Madras High Court said that irrespective of whether petitioner trust have or do not have any vested right to claim the extension, the classification done by CBDT through the Circular have no reasoning for leaving out the regular registration of newly provisionally registered trust under Section 80G of the Act in respect of new trusts.

Case Briefs High Courts

Assessing Officer to record dissatisfaction with correctness of claim of Assessee in respect of expenditure with cogent reasons: Bombay HC

Bombay High Court dismissed an appeal of Income Tax Commissioner to disallow expenditure amounting to 94 Crore u/s 14A of the Income Tax Act, 1961.

Case Briefs Foreign Courts

Singapore HC upholds Final Award in arbitral proceedings over sale and purchase of lab-grown gemstone jewellery company shares

The Court noted that, “To attract curial intervention, it must be established that the breach of the rules of natural justice must, at the very least, have actually altered the final outcome of the arbitral proceedings in some meaningful way”.

Case Briefs High Courts

‘Hospitals can’t insist on police complaint as condition to provide medical care’: Bombay HC

“Grant of medical aid to any person is directly concomitant with the guarantees of Article 21 of the Constitution.”

Case Briefs High Courts

Confiscation of goods cannot be done on estimates when option of physical verification is available; Allahabad High Court quashes order of confiscating stock and imposing penalty

“The burden of proof for confiscation of goods is on the Department and the procedure cannot be done merely on estimates when a physical verification can be carried out.”

Case Briefs High Courts

‘Fair and Handsome’ v. ‘Glow and Handsome’; Calcutta HC rules in favour of Emami in Passing Off Dispute Against Hindustan Unilever

Unfair advantage through conscious adoption of a competitor’s mark leads to potential confusion and deception”