HIGH COURT OCTOBER 2023 WEEKLY ROUNDUP| Stories on TIPS Copyright Battle; Asian Games 2023; Theos v. Theobroma trade mark battle; and more
A quick legal roundup to cover important stories from all High Courts this week.
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Social reservations need not be maintained by Educational Institution administered and managed by Minorities: Madras High Court
“State Government is within its right to impose the threshold cap of admitting students from minority community to 50 percent”
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Child Custody| Supreme Court modifies Family Court’s order, allows father to meet child in mall instead of Court premises
Supreme Court said that the repeated visitation rights in the Court premises would also not be in the interest of the child as the environment during which the visitation rights are exercised would also matter.
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Supreme Court rebukes Jharkhand Govt. for sleeping over 20-year-old case on back wages; Summons State’s Chief Secretary
During the hearing, an Advocate on the panel of the State of Jharkhand, has requested the Court to not summon the Chief Secretary, but Supreme Court declined the said request because the present matter has not been assigned to any counsel for the State of Jharkhand.
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Allahabad High Court upholds CAT order directing Union Government to grant notional promotion to Railway employees from 2018
Clause-7 of the letter dated 12-09-2013 provides that those serving on deputation may not be normally returned to their parent establishment, is not a rule to disable the promotions or to disable repatriation
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Read why Madras HC granted ad interim injunction in favour of Sangeetha hotels, restraining franchisee from using ‘Geetham’ mark
Madras High Court said that the apprehension of Sangeetha Hotels that the public would be misled into believing that the respondent is nothing but old wine in a new bottle stands prima facie proved.
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Courts should exercise restraint in exercising power of judicial review in contracts involving complex technical issues; SC reiterates
Supreme Court viewed that the Division Bench of Karnataka High Court, which was considering an appeal against a judgment of a Single Judge rejecting the writ petition, ought to have proceeded with circumspection.
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Madras HC directs students to clean classrooms, write articles on Mahatma Gandhi, Dr. Abdul Kalam, former CM Kamaraj as conditions for anticipatory bail
“School is situs for transformation of personality traits and for reformation via love and discipline. Education is a platform for acquisition of knowledge, as knowledge is power”
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Supreme Court Roundup September 2023| DSPE Act; HIV/AIDS Guidelines; Self-Respect & Secular Marriages; Rights of Children from Null & Void Marriages; & more
This roundup revisits the analyses of Supreme Court’s judgments/orders on DSPE Act; HIV/AIDS guidelines; Self-respect and secular marriages; Andaman & Nicobar Islands Gang rape case; and more. It also covers Cases Reported in SCC Weekly in the month of September; Explainers on important law points; and Never reported Judgments
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Mere acquittal in criminal case will not automatically qualify candidate for appointment to a post in law enforcement agency: Supreme Court
“The yardstick to be applied in cases where the appointment sought relates to a Law Enforcement Agency, ought to be much more stringent than those applied to a routine vacancy.”
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Can Enforcement Officer file complaint under repealed provisions of FERA after enforcement of FEMA? SC answers
“A Statute cannot be interpreted in such a manner that any provision thereof is rendered otiose.”
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Decoding Allahabad High Court verdict on applicability of doctrine of severability on arbitral awards
“Section 34 confers power on the court to set aside an award, the power could be exercised to set aside any or all such awards, whether composite, interim, final or additional”
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Explained | Madras HC quashes FIR against Advocate accused of restraining Revenue Inspector from conducting a survey
“The legal profession involves fighting for the rights of the clients and the Advocate tends to react more aggressively even outside the Courts. This is a character which is developed by an Advocate by virtue of the nature of duty that he performs for his clients”.
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‘Blacklisting Orders passed for an indefinite period not permissible under law’: Allahabad HC sets out contents for notice
“The notice is required to state the grounds necessitating the action and the penalty proposed specifically and unambiguously and is also required to adhere to the principles of natural justice”
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Explained | Sanathana Dharma is a set of ‘eternal duties’: Madras High Court
Madras High Court remarked that an idea appears to have gained ground that Sanadhana Dharma is all about, and only about, promoting casteism and untouchability
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Home Ministry to prepare a comprehensive manual on media briefings by police personnel: Inside Supreme Court verdict
Supreme Court directed the Ministry of Home Affairs to complete the manual on media briefings by 31-12-2023
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Supreme Court refuses to interfere with Calcutta HC order holding Notification altering stage carriage permits as constitutional
In the case at hand, because of the impugned notification, the stage carriage permit holders were required to stop at two new bus stations in Burdwan Town, instead of the old bus station where they were used to stop.
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[Money Laundering] Supreme Court constitutes 3 Judge Bench to hear review against Vijay Madanlal Judgment
The Three Judge Bench will be hearing the matter from 18-10-2023.
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Time to change from Ad hocism to Institutional Arbitration, says Justice Hemant Gupta at IIAC’s conference on Institutional Arbitration
Attorney General for India makes an announcement for creating the All-India Arbitration Bar.
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Can a writ petition for restoration of dealership, arising out of a non-statutory contract be maintainable? Allahabad HC answers
Allahabad High Court said that negative onus cannot be fastened upon the petitioners as alleged by the Corporation, as it is not in dispute that at the time of survey, the dispensing unit was not in working condition or it was not dispensing oil.
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