Editor, Author at SCC Times

Period treated as ‘not spent on duty’ must be construed for back wages and not for seniority and promotion: Delhi High Court

“Subsistence allowance is not a largesse, but the statutory right of an employee, and any denial of the same would amount to violation of Article 21 of the Constitution.”

Case Briefs High Courts

Delhi High Court quashes FIR in light of amicable settlement between parties; directs accused to contribute woollen blankets to girls’ shelter home

“In view of the fact that parties have mutually settled their disputes, in order to put a quietus to the litigation pending between them, this Court sees no reason to continue the proceedings as no useful purpose will be served in doing so.”

Case Briefs High Courts

Wrongful detention | Gujarat HC grants 1 Lakh compensation to prisoner who spent 3 years in jail after Bail

The Convict was released on regular bail on 29-09-2020, however, the jail authorities did not open the E-mail containing the bail order.

Case Briefs Supreme Court

SC discusses scope of Judicial Interference with arbitral awards under Section 34 of A&C Act

“Arbitration is a private form of dispute resolution, however, the arbitral proceedings must meet the juristic requirements of due process and procedural fairness and reasonableness, to achieve a ‘judicially’ sound and objective outcome or award”.

Case Briefs High Courts

Party’s non-objection to similar mark during registration, estops it later from taking different stand; Raj HC affirms Trial Court decision of denying injunction to ‘Ornate Jewels’

“Impugned order passed on the application for temporary injunction is discretionary in nature and until and unless the same suffer from arbitrariness, perversity or grave illegality, which leads to miscarriage of justice, such order does not warrant interference by the Appellate Court.”

Case Briefs High Courts

Government servant must uphold high conduct standards both in private and public life: Rajasthan High Court

“The divesting status of a government servant from his office duty-hours to lead his personal life the way he likes by leading an immoral life, cannot be countenanced by bestowing unfettered right in favour of such government servant.”

Case Briefs High Courts

Delhi High Court asks Government to prepare action plan to implement ‘National Litigation Policy’

“The essence of good governance lies not just in holding individuals accountable, but in creating an environment where unnecessary litigation is avoided. It is against this backdrop that the call for a ‘National Litigation Policy’ gains urgency.”

Case Briefs High Courts

Live-in relationship between married adults not an offence; but woman cannot allege rape by partner on false pretext of marriage: Delhi High Court

“The objectivity of the judges is the key to fairness of justice and the decisions have to be objectively determined according to the law of land and not by moral principles of the judge concerned.”

High Court Round Up Legal RoundUp

HIGH COURT SEPTEMBER 2023 WEEKLY ROUNDUP| Stories on Jawan film, Aaj Tak, blocking of railways and roadways, live-in relationship and more

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

Cases Reported Never Reported Judgments

Never Reported Judgment| Mere intention to gift is not sufficient; completion of transfer of gift is mandatory [(1952) 1 SCC 445]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Section 123 of Transfer of Property Act, 1882.

Case Briefs High Courts

Gujarat HC discusses NCPCR guidelines for conducting preliminary assessment under Section 15 of JJ Act

“The preliminary assessment is not a trial or just a simple routine task, but an exercise to assess the child’s capacity to commit and understand the consequences of the alleged crime. It decides the fate of the child in conflict with the law”.

Case Briefs Tribunals/Commissions/Regulatory Bodies

65 lakhs penalty imposed on stock traders by SEBI for violating insider trading rules in ABC Bearings and Timken India amalgamation

The merchant banker responsible for providing fair opinion to the ABC was given clean chit of the allegations of insider trading for lack of substantial evidence.

Case Briefs High Courts

Gujarat HC sets aside orders for Juvenile’s trial as an adult; directs JJ Board to conduct fresh preliminary assessment

“JJ Board and the Children’s Court to conduct the preliminary assessment into heinous offences in a very meticulous way with the psychological evaluation, taking the assistance of experienced psychologist and medical specialist”.

Case Briefs High Courts

Deprivation of conjugal rights for more than 18 years amounts to mental cruelty: Delhi High Court upholds divorce

“Their marriage had a rocky start and unfortunately, differences and the mistrust which got generated in the beginning did not let their relationship flourish further.”

Case Briefs High Courts

‘Consequences of cyber-crimes go beyond individual boundaries, impact unsuspecting victims’: Delhi High Court refuses to quash FIR against a man accused of hacking mobile

“Neither are cyber-criminals bound by restrictions of borders due to their global reach, nor do they discriminate among their victims, thereby targeting the elderly, the young, the businesses as well as the governments in the digital landscape.”

Case Briefs Supreme Court

1 yr Pilot study period of Special Courts for Expeditious trials under S. 138 NI Act expires; SC to hear plea for further directions

In a suo motu petition for expeditious trial of cases under Section 138 of the NI Act, the Supreme Court directed for creation of Special Courts with retired judicial/administrative officers, as a pilot study for a period of one year from 01-09-2022 to 31-08-2023.

Case Briefs High Courts

[PepsiCo v Parle] Delhi High Court refuses to restrain Parle from using ‘For The Bold’ campaign as a label on its ‘B Fizz’ bottle

“The least conspicuous part of Parle’s label is, in fact, the “For the Bold!” tagline, featuring towards the lower edge of the label. It is only a customer who is particularly searching for the tagline who, therefore, would notice it.”

Case Briefs High Courts

Gujarat HC upholds husband’s conviction for murdering wife with a hammer

The circumstances and the witness statements proved the husband’s complicity in killing wife beyond reasonable doubt.

Case Briefs High Courts

‘Wilful disregard for the judicial proceedings has to be checked’: Delhi High Court sentences a man for six months simple imprisonment for contempt of court

“The edifice of a vibrant constitutional democracy rests on the pillars of rule of law, which needs to be preserved with full vigour to maintain the sanctity of judicial proceedings.”

Case Briefs High Courts

Depositing award amount for withdrawal with due notice to the decree holder is sufficient to discharge onus on the judgment debtor: Delhi High Court

“The decree holder was not required to await the outcome of the objections filed under Section 34 of the Arbitration and Conciliation Act, 1996, however, if it did choose to remain under a self-imposed embargo, then it can’t demand interest.”