Editor, Author at SCC Times

Allahabad HC restraints State Election Commission from declaring the results of Urban Local Body Elections till Dec 20

The High Court is deciding the PIL challenging Uttar Pradesh Government’s notification dated 05.12.2022, for not adhering to the Supreme Court’s directions in Suresh Mahajan v. State of Madhya Pradesh, 2022 SCC OnLine SC 589.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT exempts All India Football Federation from paying service tax in accordance with the tripartite agreement between parties

AIFF did not render any service but concurred with the agreement whereby the rights were transferred from ZEEL to IMGR

Case Briefs High Courts

Kerala High Court| Section 31 of Domestic Violence Act only applies to breach to protection orders; No penalty can be imposed for failure to pay maintenance

Kerala High Court held that Section 31 of D.V Act would apply only on violation of protection order passed under Section 20 of the D.V Act.

Case Briefs High Courts

Calcutta High Court |In absence of prescribed statutory form, filing of return/payment of tax sufficient compliance of Works Contract Composition Scheme

The High Court has also observed that the Service Tax Department cannot invoke the extended period on the sole ground of omission as the same can be invoked only when that there is a deliberate intention to evade payment of tax.

Case Briefs Supreme Court

Explained| Why the Supreme Court directed GST Council to implement digital DIN system for communication between State Tax Officers and taxpayers

Supreme Court: In a significant case, the Division Bench of M.R. Shah* and B.V. Nagarathna, JJ., allowed the PIL filed

Case Briefs District Court

‘Offering pen, book while following her regularly was done to groom the child for his sexual intent’; Bombay Court convicts the man under POCSO

The Court observed that there is an increase in the cases of sexual offenses against the child. The child sexual abuse cases demonstrate the inhumane mindset of the accused. There is an adverse impact of the incident on the victim, on her family members, and even on society.

Case Briefs High Courts

Delhi High Court grants ex parte ad interim injunction to Sukam Systems (P) Ltd. for its trade mark ‘Su-Kam’ against Lithium Power Energy (P) Ltd in a trade mark infringement suit

In the present case, Sukam Systems (P) Ltd. alleged infringement and passing of by Lithium Power Energy (P) Ltd. of its registered trade marks ‘Su-Kam’, ‘BIG conqueror Tubular Battery’ and ‘BIG Warrior Tubular Battery’.

Case Briefs High Courts

Can a ‘customer’ in a brothel be proceeded against criminally under the Immoral Traffic (Prevention) Act, 1956; Kerala High Court answers

Kerala High Court held that the words ‘person with whom such prostitution is carried on’ as appearing in section 7(1) of the Immoral Traffic (Prevention) Act, 1956 will include a ‘customer’. Thus, a customer in a brothel can be proceeded against criminally.

Case Briefs High Courts

Delhi High Court grants permanent injunction to Lifelong Online Retail (P) Ltd for its mark ‘Lifelong’ in a trade mark infringement suit

The Delhi High Court restrained the defendant from dealing in any goods, under the impugned trade mark ‘Lifelong’ or any other mark as may be identical to or deceptively similar with the plaintiff’s (Lifelong Online Retail (P) Ltd.) registered trade mark ‘Lifelong’, to cause infringement of the plaintiff’s trade marks.

Case Briefs High Courts

Madras High Court dismisses contempt proceedings against presiding officer of family Court; Imposes Rs. 50,000 costs on the petitioner

Madras High Court held that the contempt petition is not maintainable and barred by limitation. Thus, dismissed contempt proceedings against the presiding officer of Family Court as he was not the presiding officer when the order was passed.

Case Briefs High Courts

‘Social stigma for the victim and unborn child would be insurmountable’; Uttaranchal High Court allows a 13-year-old victim to terminate pregnancy of over 25 weeks

In the present case, a victim of sexual assault, aged about 13 years, had filed a writ petition forterminating her pregnancy caused due to illegal act perpetuated upon her.

Case Briefs High Courts

Allahabad High Court stays criminal proceedings against Delhi’s CM Arvind Kejriwal as SLP is pending in Supreme Court

Criminal proceedings against Arvind Kejriwal in Sultanpur Court have been stayed by Allahabad High Court, considering that special leave to appeal is still pending in Supreme Court and if it is allowed, then the entire proceedings would be a futile exercise.

Case Briefs High Courts

Calcutta High Court dismisses PIL against ‘Koffee with Karan’, filed with the object “to gain publicity”

The PIL had alleged that the talk show “Koffee with Karan”, hosted by Karan Johar, was promoting racism, sexuality and obscenity through words or visible representation.

Case Briefs High Courts

Delhi High Court | When a prayer to appoint an Arbitrator has been heard and rejected, the same relief cannot be sought by filing a review petition

Mere expression “place of arbitration” cannot be the basis to determine the intention of the parties that they have intended that place as the “Seat of Arbitration”

Case Briefs High Courts

It is incumbent upon Assistant Commandant to uphold high level standard even to the point of sacrificing self; Meghalaya High Court rejects petition challenging order for compulsory retirement

The petitioner, being a highly intelligent and educated person and a medical officer at that, is expected to exhibit prudence, discipline and common sense in his attitude to life and work.

Case Briefs Supreme Court

Supreme Court accepts SEBI’s apology and drops contempt proceedings against it

In a matter relating to criminal proceedings against Reliance Industries, SEBI had failed to comply with the Supreme Court’s order directing it to furnish a copy of documents, leading to initiation of contempt proceedings against SEBI.

Case Briefs Foreign Courts

[Data Protection v. Right to Information] Google must de-reference/remove inaccurate data from search engine; ECJ rules

“A person’s image constitutes one of the chief attributes of his or her personality as it reveals the person’s unique characteristics and distinguishes the person from others. The right to the protection of one’s image is thus one of the essential components of personal development and mainly presupposes that person’s control over the use of that image, including the right to refuse publication of it.”

Case Briefs High Courts

Delhi High Court | Validity of adoption can neither be doubted nor questioned merely on an asserted ’possibility of irregularity’

If a failure on the part of a resident Indian be the cause for a child being made available for inter-country adoption, that cannot possibly be viewed as constituting a valid or cogent ground to either doubt the validity of the adoption or question the integrity of the adoption process.

Know thy Judge

Know Thy Newly Appointed Supreme Court Judge- Justice Dipankar Datta

Former Chief Justice of the Bombay High Court, Justice Dipankar Datta, was sworn in as a Supreme Court Judge. His appointment now raises the judicial strength of the Supreme Court to 28 out of total strength of 34 judges

Case Briefs High Courts

Delhi High Court | Test Identification Parade can be ordered even after the release of articles to the person who was in lawful custody of the articles

In this case, the Delhi High Court held that the right to investigation cannot be taken away from the investigating officer only because the conduct of Test Identification Parade (TIP) was ordered after the release of articles to the person who was in lawful custody of the articles.