Editor_4, Author at SCC Times

Upon approval of resolution plan all claims not included therein shall stand extinguished; Notice under S. 263 IT Act cannot be issued thereafter: Gujarat HC reiterates

‘On the complete extinguishment of all tax liabilities of the Corporate Debtor upon the approval of the Resolution Plan, there could be no occasion whatsoever for the IT Commissioner to issue the impugned notice under Section 263 of the Act, seeking to revise the assessment order for the Assessment Year 2020-21.’

Case Briefs High Courts

‘No illegal confinement by State’; Punjab & Haryana HC dismisses habeas corpus plea seeking release of farmer leader Jagjit Singh Dallewal

“Jagjit Singh is said to be free to go home after seeking discharge from the hospital. In such circumstances, it cannot be said that he is in illegal confinement of the State. However, the State is directed to ensure that there should be no hindrance if the family members, friends, relatives, or any other person wish to see him in the hospital.”

Case Briefs High Courts

Himachal Pradesh HC grants pensionary benefits to daily wage worker with less than 10 years of service

The Court held that the petitioner had rendered more than 8 years but less than 10 years of service, thus, his service was to be treated as 10 years, which qualified him for pensionary benefits.

Case Briefs High Courts

‘Technical defect in certificate is beyond candidate’s control’; P&H HC grants relief to judicial aspirant whose candidature was rejected for defect in caste certificate

The Court rebuked the State for pursuing litigation mechanically and indifferently without any application of mind while imposing a cost of Rs. 1.5 Lakhs on HPSC.

Case Briefs High Courts

‘Cannot transgress into judicial adventurism’; Punjab & Haryana HC dismisses eligibility relaxation plea of NEET aspirant who passed Biology as additional subject

“The invocation of equitable jurisdiction does not confer upon the Court an unfettered prerogative to render orders in complete defiance or in oblivion of the established tenets of the law of the land.”

Case Briefs High Courts

Telangana HC denies relief to BSF personnel wards claiming eligibility for reservation granted to Armed Forces personnel’s wards in medical courses

“The Act which governs the services, the method of recruitment, the conditions of services and tenure of Armed Forces and CAPF are different and by no stretch of imagination, it can be said that the Armed Forces viz., Army, Navy and Air Force and BSF/CAPF forms a homogenous class.”

Case Briefs High Courts

‘Person becomes zombie upon using narcotic drugs’; Punjab and Haryana HC denies bail to NDPS accused allegedly caught with 290 grams of heroin

“This highlights the State Government’s failure to address the growing drug problem, which is particularly alarming in Punjab. The widespread drug abuse is severely undermining the future of the country, as it is gradually eroding the youth population, much like a termite.”

Events/Webinars News

UIA | Seminar on ‘India: The New Global Manufacturing Hub’ in collaboration with Bar Association of India, SCBA and supported by DIAC [29th and 30th March, 2025]

The Union Internationale des Avocats (‘UIA’) has organized a two- day seminar on the theme ‘India Ahead: Exploring legal, regulatory and geopolitical updates impacting FDI in the world’s fastest growing economy’. The seminar will be held at the Delhi International Arbitration Centre (‘DIAC’), Delhi High Court, on 29th and 30th March, 2025.

Case Briefs High Courts

‘Need for vigilance at entry point rather than indiscriminate denial of bail’; Punjab & Haryana HC grants bail to foreigner in Rs 2.81 Crore cyber fraud case

“When a foreign national faces criminal prosecution within Indian jurisdiction, legal proceedings may tether them to the country, disrupting their academic aspirations, familial responsibilities, commercial enterprises, and personal liberties.Justice delayed is justice denied, but in the context of foreign nationals, justice prolonged is justice misplaced.”

Case Briefs High Courts

S. 24 CPC cannot be invoked for proceedings filed without jurisdiction, Order VII Rule 10 CPC has to be invoked: Bombay High Court

The Court held that when any Civil Court holds that it lacks jurisdiction over the subject matter of the suit or application, it had to pass order under Order VII Rule 10 of CPC for return of plaint, and procedure of transfer of proceeding under Section 24 of CPC could not be invoked.

New releases News

London International Disputes Week 2025 launches International Arbitration Day agenda

The London International Disputes Week has launched its 6th edition on the theme “Innovation in dispute resolution: navigating global risks” to be held from 2nd to 6th June, 2025.

Case Briefs High Courts

‘Parens Patriae obligates Court to ensure justice not reduced to mere private settlement’; P&H HC refuses to quash abetment to suicide case on basis of compromise

“By allowing legal heirs to settle such cases unilaterally, the justice system would fail in its duty to hold perpetrators accountable, since the crime does not affect only the family but has wider ramifications for society at large.”

High Court Round Up Legal RoundUp

HIGH COURT MARCH 2025 WEEKLY ROUNDUP | Stories on Yuzvendra Chahal’s Divorce; TAJ Trade mark; Kailash Kher; and more

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

Hot Off The Press News

Justice Madan B. Lokur awards Anand Desai with the Capital Foundation Society National Award

The Capital Foundation National Awards ceremony, held at the Constitution Club, New Delhi, recognized legal luminaries for their exceptional contributions to the legal profession.

Case Briefs High Courts

Gujarat High Court refuses to quash FIR against Sadhvi accused of duping man of Rs 1.25 crores

“The incomplete and hazy facts coming from the record indicates that further investigation is required in the matter.”

Appointments & Transfers News

Govt. appoints Justice Harish Tandon and Justice Biren A. Vaishav as Chief Justice of Orissa HC and Acting Chief Justice of Gujarat HC, respectively

The Collegium headed by Justice Sanjiv Khanna, CJI, recommended the appointment of Justice Harish Tandon, Judge Calcutta High Court, as Chief Justice of Orissa High Court.

Hot Off The Press News

BCI sends show cause notice to DSK Legal for promotional advertisement featuring Rahul Bose; Seeks explanation within 10 days and removal of ad

The Bar Council of India (‘BCI’) sent a Show Cause Notice to the law firm DSK legal for professional misconduct and violation of Rule 36 of the Bar Council of India Rules for posting a video advertisement on social media and directed immediate removal of the video from all digital platforms.

Case Briefs High Courts

‘Quarrels between husband & wife not cruelty under S. 498-A IPC’; Gauhati HC quashes proceedings against husband and in-laws

“Subjecting a married woman to cruelty for want of dowry was the reason for which our legislature has inserted Section 498-A in the Penal Code. In the case at hand, there is no allegation of demand of dowry.”

Case Briefs High Courts

Bombay HC waives statutory cooling-off period for divorce of Yuzvendra Chahal & Dhanashree Verma; Directs Family Court to decide divorce plea by 20th March

As far as the conciliation efforts were concerned, the Court noted that all efforts of mediation/ conciliation to reunite the parties had failed.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Force Majeure doesn’t absolve Corporate Debtor from contractual obligations; NCLT directs initiation of CIRP against Corporate Debtor

The NCLT acknowledged the impact of force majeure events, particularly the unprecedented rise in coal prices and operational disruptions caused by the COVID-19 pandemic on Corporate Debtor.