Editor, Author at SCC Times

Drawback benefits available on gold exports despite non-payment of basic custom duty, if additional duty is paid during import: Delhi High Court

“Once the petitioner had paid the duties as contemplated under Section 3 of the Tariff Act, 1975, it could not be possibly contended that the goods were imported ‘duty free’.”

Case Briefs High Courts

Orissa High Court holds Daman Pratirodha Mancha to be an unlawful association as activities are akin and identical to Naxalite movements

“Every association has a right to protest against the act of the State Government within the meaning of the fundamental rights enshrined in the Constitution of India. But if it exceeds the limits in the name of protest, the same cannot be covered under the protective umbrella of the fundamental rights as enshrined under the Constitution”.

Case Briefs High Courts

Benefit under Vera Samadhan Yojana-2019 cannot be denied due to erroneous figures in Intimation letter of tax assessment: Gujarat HC

Vera Samadhan Yojana-2019 is a benevolent scheme floated by the State for the assessees to see that principal amount of tax is recovered on waiver of interest and penalty, if any, so as to reduce the future litigation.

Case Briefs High Courts

In absence of examination of the party to a suit, facts deposed by the power of attorney holder cannot be relied upon: Chhattisgarh High Court

“The pleading made by respondent-plaintiff through the power of attorney holder in the plaint is to be examined as against the statement made by the power of the attorney holder as a witness.”

Case Briefs High Courts

Orissa HC acquits rape convict for lack of evidence and consensual relationship; desists two-finger test

“Two-finger test is no less than adding an unforgettable insult to an unhealed injury. The test violates the right to privacy, physical, mental integrity and dignity”.

Case Briefs Supreme Court

SC explains Object and Purpose of inclusion of Sec. 10-A of MMDR Act by MMDR Amendment Act, 2015

“Section 10A(1) of the Mines and Minerals (Development and Regulation) Act, 1957 mandates that all applications received prior to 12-01-2015 shall become ineligible”.

High Court Round Up Legal RoundUp

HIGH COURT SEPTEMBER 2023 WEEKLY ROUNDUP| Stories on Live-in relationship; Child custody; Financial incapacity of Spouse; Seat of arbitration and more

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

Case Briefs High Courts

Orissa HC vexed over Notaries issuing Marriage Certificates having no value in eyes of law

“Due to such extra-legal and dishonest arrangements by the Notaries, parties are made to believe that they are legally married when in fact their marriage does not have even the slightest of legal sanctity”.

Case Briefs High Courts

Limitation period to appeal against Family Court’s decree is thirty days, delay can be condoned if sufficient cause is shown: Delhi High Court clarifies

“Section 28 of the Hindu Marriage Act, 1955 and Section 19 of the Family Courts Act, 1984 operate in different spheres and apply to orders passed by different forums i.e., District Court and the Family Court respectively.”

Case Briefs High Courts

Divorced daughter is not a dependant u/s 21 of Hindu Adoption and Maintenance Act, 1956, thus not entitled to maintenance: Delhi High Court

“An unmarried or widowed daughter is recognized to have a claim in the estate of the deceased, but a ‘divorced daughter’ does not feature in the category of dependents entitled to maintenance.”

Case Briefs Supreme Court

SC acquits murder convict on ground of insanity; Sets aside HC’s life sentence verdict for murdering grandfather

“If the conclusion of the Trial Court is a plausible one, merely because another view is possible on reappreciation of evidence, the Appellate Court should not disturb the findings of acquittal and substitute its own findings to convict the accused”.

Case Briefs High Courts

‘Trial Court’s conviction based on sheer morals’; Orissa HC acquits murder convicts in 20 years old case

“The crime committed may be cruel or ruthless but the evidence on record has to be evaluated dispassionately and objectively to see whether the accused is responsible for the said crime or he is innocent”.

Case Briefs High Courts

Financial status of a spouse is not the sole determining factor to consider custody of a child: Delhi High Court reiterates

“Since the age of two years, the son has been in the exclusive custody of his mother and has had minimal interaction with his father. Now, when he is 16 years of age and has expressed his independent preference of continuing in his mother’s custody.”

Case Briefs High Courts

Seat of arbitration once fixed by the arbitration agreement, has the exclusive jurisdiction for applications u/s 11 of the A&C Act, 1996: Rajasthan High Court

“The Court observes that the ‘contrary indicia’ is clearly reflected in the present case, because the seat was mentioned as Bikaner and venue was mentioned as New Delhi.”

Case Briefs High Courts

Third party whose property interests are adversely affected can approach the execution court under Order XXI Rule 97 of CPC: Sikkim High Court

“By filing a petition under Order XXI Rule 97 of the Civil Procedure Code, 1908 although the objector is not a party to the arbitral proceedings, he can seek and obtain relief if the award has not been given fairly.”

Case Briefs High Courts

SCC Times

Drawback benefits available on gold exports despite non-payment of basic custom duty, if additional duty is paid during import: Delhi High Court

Orissa High Court holds Daman Pratirodha Mancha to be an unlawful association as activities are akin and identical to Naxalite movements

Benefit under Vera Samadhan Yojana-2019 cannot be denied due to erroneous figures in Intimation letter of tax assessment: Gujarat HC

In absence of examination of the party to a suit, facts deposed by the power of attorney holder cannot be relied upon: Chhattisgarh High Court

Orissa HC acquits rape convict for lack of evidence and consensual relationship; desists two-finger test

SC explains Object and Purpose of inclusion of Sec. 10-A of MMDR Act by MMDR Amendment Act, 2015

HIGH COURT SEPTEMBER 2023 WEEKLY ROUNDUP| Stories on Live-in relationship; Child custody; Financial incapacity of Spouse; Seat of arbitration and more

Orissa HC vexed over Notaries issuing Marriage Certificates having no value in eyes of law

Limitation period to appeal against Family Court’s decree is thirty days, delay can be condoned if sufficient cause is shown: Delhi High Court clarifies

Divorced daughter is not a dependant u/s 21 of Hindu Adoption and Maintenance Act, 1956, thus not entitled to maintenance: Delhi High Court

SC acquits murder convict on ground of insanity; Sets aside HC’s life sentence verdict for murdering grandfather

‘Trial Court’s conviction based on sheer morals’; Orissa HC acquits murder convicts in 20 years old case

Financial status of a spouse is not the sole determining factor to consider custody of a child: Delhi High Court reiterates

Seat of arbitration once fixed by the arbitration agreement, has the exclusive jurisdiction for applications u/s 11 of the A&C Act, 1996: Rajasthan High Court

Third party whose property interests are adversely affected can approach the execution court under Order XXI Rule 97 of CPC: Sikkim High Court

Public authorities should be made accountable for lapses or failure to discharge its duties: Himachal Pradesh High Court

‘Habeas Corpus is a writ of right and not writ of course, cannot be issued to trace out missing persons’: Orissa HC

Breaking down Supreme Court’s explanation on grant of divorce on grounds of ‘cruelty’ under Hindu Marriage Act

Onus of proof in disciplinary proceedings depends on nature of charge and explanation put forth by Employee: SC

Gujarat HC allows minor to terminate 19 weeks pregnancy; quotes Skanda Purana highlighting value of mother in society