Arunima, Author at SCC Times

[Anti CAA Protests] Delhi Police have done so far is “too-little, too-late”; Delhi High Court directs transfer of death investigation of young man to CBI

The leitmotif that “justice should not only be done but should manifestly and undoubtedly be seen to be done”, must not be limited only to court proceedings, but must also apply proprio-vigore to investigation of crime. Investigation must also be seen to be fair and just.

Case Briefs High Courts

Delhi High Court directs Disclosure of Forensic Audit Report on Show Cause Notices by IDBI Bank

A forensic audit was conducted by Grant Thornton LLP at the request of the respondent-bank. The audit led to the withdrawal of the ‘red flagging’ of the company’s account.

Case Briefs High Courts

Delhi High Court grants interim injunction in favour of Jindal India Limited for infringement of its “JINDAL” marks

In January and June 2024, the Jindal India Limited discovered that the defendant, Rawalwasia Steel Plant Private Limited, had adopted a similar trademark “HINDJAL HISAR” for galvanized and black steel tubes and pipes.

Case Briefs High Courts

[Food Safety and Standards Amendment] Delhi High Court upholds 50% Increase in Pan Masala Warning Label Size to Enhance Public Health Awareness

The petition was filed by a company licensed to manufacture and trade Pan Masala brands like Rajnigandha, Tansen, and Mastaba seeking a declaration that Regulation 2(i) of Food Safety and Standards (Labelling and Display) Second Amendment Regulations, 2022 be declared as illegal and violative of Articles 14, 19(1)(a) and 19(1)(g).

Case Briefs High Courts

Delhi High Court upholds Blocking of UK based ‘Briar App’ in Jammu and Kashmir due to Terrorist Activities

Sublime Software Limited developed an app called “Briar”, which is a Free and Open-Source Software (FOSS) which operates on a technology in which a person can directly send a message to another person even when there is no internet connectivity.

Case Briefs High Courts

Calcutta High Court directs Enhancement of Forensic Capabilities due to BNSS Enforcement, recognizing NIBMG as Government Forensic Laboratory

By directing the recognition of NIBMG as a CFSL and its scientists as government experts, the Court aims to alleviate the pressure on existing forensic laboratories and ensure timely and accurate forensic analysis, thereby strengthening the overall criminal justice system.

Case Briefs High Courts

[Doctrine of Legitimate Expectation] Delhi High Court directs Rs. 30 Lakhs Additional Insurance for deceased Pawan Hans Pilots employed in Naxal-Infested Areas

Doctrine of legitimate expectation would be fully applicable to the facts of the present case and Pawan Hans Helicopters Limited cannot deny the payment of the additional cover of Rs.30 lakhs to the petitioners only for its own lethargy or inability to obtain the renewal of the subject policy within time.

Case Briefs High Courts

Delhi High Court imposes costs on MCD for delay in filing written statement impacting senior citizen’s case

The Court observed that MCD is a big Government Department, and this civic agency must be handling innumerable matters but that does not give any automatic handle to MCD to file written statement as per its own whims and fancies.

Case Briefs High Courts

Delhi High Court rules WhatsApp Chats Inadmissible Evidence Without Proper Certification; Rejects Dell International Services’ Delay Condonation Appeal

The petitioner presented a screenshot of WhatsApp conversations to show that the full complaint and annexures were not received until 31-01-2023, despite the summons being served on 23-12-2022.

Case Briefs High Courts

Calcutta High Court Division Bench Delivers Split Verdict in Murder Case: Acquittal Ordered by One Judge, Sentence Commuted by Another

In a high-stakes murder case, the Calcutta High Court’s division bench delivered a split verdict. Justice Soumen Sen commuted the death sentence to 30 years of imprisonment, while Justice Partha Sarathi Sen ordered an outright acquittal. The case has now been referred to the Chief Justice for further directions.

Case Briefs High Courts

Calcutta High Court directs PNB to Pay Rs. 3 Lakh Compensation to Disabled Employee for Denying Local Posting in violation of Transfer Policy

This is an unfortunate malaise that festers in hierarchies of Public Sector Bank and other bodies which has and continues to severely impact the man resources and impede the growth and wellbeing of an organization and its employees. Any special request from an employee out of the ordinary, even if supported by the Bank’s rules, is looked at with contempt and discomfort.

Case Briefs High Courts

Delhi High Court dismisses appeal filed against PM, Home Minister and Minister of Communications Alleging False Oaths and Anti-national Act of Terrorism

The appellant alleged that the Prime Minister, Home Minister and Minister of Communications have taken false oaths of allegiance to the Constitution of India, and they had attempted an antinational act of terrorism by attempting to kill the appellant as pilot-in-command of flight AI 459 on 08-07-2018.

Case Briefs High Courts

Delhi High Court rules on application of ‘Margin of Error’ and Upper Age Limit in Bone Ossification Tests for Determining Victim’s Age in POCSO Cases

In cases of sexual assault and POCSO cases, wherever, the court is called upon to determine the age of victim based on “bone age ossification report”, the upper age given in “reference range” be considered as age of the victim.

Case Briefs High Courts

Age Evidence Must Be Assessed Before Ordering Ossification Test; Calcutta High Court remands Compassionate Appointment Application

The Single Judge failed to consider that the writ petitioner was canvassing his age based on documentary evidence. Such documentary evidence of age was required to be assessed prior to directing the ossification test to be undertaken.

Case Briefs High Courts

Delhi High Court upholds LOC against Businessman amid fraud investigation into Fortis Healthcare and Religare Enterprises

The petitioner is an Indian businessman and erstwhile billionaire with Fortis Healthcare, Religare, and Ranbaxy Laboratories, seeking permission to go abroad to attend the graduation ceremony of his two sons one on 01-07-2024 at Durham University and the other on 02-09-2024 at University College London.

Case Briefs High Courts

High Court was approached due to absence of Vacation Bench in TDSAT; Delhi High Court directs uninterrupted transmission of ‘TV9 Telugu Channel’

The writ petitions were filed by Associated Broadcasting Company Private Limited, who broadcasts the TV9 Telugu channel, against a Multi System Operator (MSO) and service provider under TRAI Act, 1997 alleging that the operator disconnected its channel without issuing the required disconnection notice.

Case Briefs High Courts

Delhi High Court grants legal protection to a trans-woman facing Gender Dysphoria

When X was examined at IHBAS, she had expressed distress about her “male body parts” and reiterated before the doctor that she identified herself as a female. The doctor also noted the symptoms of anger outburst and anxiety with apprehension of impulsive self-harm.

Case Briefs High Courts

Calcutta High Court grants immunity to Swiss Tourist under Foreigners Act for ‘Absence of Stamp in Good Faith’

During investigation no such mala fide intention of the petitioner transpired, save and except that the Passport was bereft of arrival stamp. Section 15 of the Foreigners Act, 1946, which provides immunity for actions done in good faith, applied in this case.

Case Briefs High Courts

Calcutta High Court dismisses PIL against Kolkata Metro Construction around Maidan Area; Upholds Validity of Environmental Permissions

All the submissions made by the petitioner appears to be based on apprehension as their writ petition is fully founded on the information secured from the newspapers.

Case Briefs High Courts

Delhi High Court quashes FIR against Delhi Prisons employee following News Nation’s ‘Kala Pani’ Broadcast allegations

“The case of the prosecution is that News Nation, a TV news channel operation titled ‘Kala Pani’ allegedly showing some of the employees of Delhi Prisons interacting with reporters. Some of the employees allegedly accepting bribe money for extending favours inmates contrary to the Delhi Prisons Rules.”