Arunima, Author at SCC Times

Calcutta High Court: Writ petition under Article 226 not maintainable against Bar Association; To be challenged before competent court of law

Alipore Bar Association being not a state “other authority” or “agency or instrumentality” of the state within Article 12 and “authority or person” discharging public function within the meaning of Article 226, writ against Alipore Bar Association that too in the matter of election to the Bar Association is not maintainable.

Case Briefs High Courts

Delhi High Court | Allegations of unchastity and indecent familiarity with a person outside wedlock amounts cruelty

Marriage is a relationship which flourishes when nurtured with absolute trust and compassion but whittles down when sprinkled with accusations on character, fidelity and chastity of the spouse and becomes beyond redemption when the devastating effects of this one-sided barrage of accusations is topped with rejection of paternity and legitimacy of the innocent children, by their own father.

Case Briefs High Courts

A policy circular doesn’t serve as arbitration clause without explicit consent: Calcutta High Court

In the facts of this case, there is no reference to the Circular whereby the arbitration clause has been incorporated in the contract between the parties. It is true that the policy decision in terms of the Circular is to make arbitration a mechanism for dispute resolution both in cases of existing and future contracts.

Case Briefs High Courts

Delhi High Court rules on Hindu woman’s right over life estate of deceased husband as per his will

“In the case of Hindu women, who may not have their own income, receiving a life estate given to them by their husbands who may predecease them is an essential safeguard for their financial security during their lifetime.”

Case Briefs High Courts

Delhi High Court addresses Yamuna River environmental crisis on waterlogging and flooding; Issues directives

Delhi has been facing the fury of river Yamuna in spate year after year with last year, 2023, being particularly bad. Waterlogging, flooding and related collapse of civic services have become perennial issues.

Case Briefs High Courts

State attempt granting retrospective seniority deemed impermissible; Delhi High Court sets aside orders

By virtue of the two impugned actions/orders, today the respondents are trying to wrongly give retrospective seniority to the other similarly situated personnel like the petitioners herein by putting them ahead of such petitioners in the already existing seniority list as on date, which, as per the settled position of law, is not permissible.

Case Briefs High Courts

Delhi High Court sets aside circular on 24 ‘ferocious’ dog breeds issued by Department Animal Husbandry and Dairying

A petition was filed challenging the circular dated 12-03-2024, issued by Ministry of Fisheries, Animal Husbandry and Dairying, Department of Animal Husbandry and Dairying prohibiting import, breeding and selling of twenty-four dog breeds.

Case Briefs High Courts

Delhi High Court| Central Delhi Court Bar Association recognized as official Bar Association for the Rouse Avenue District Court Complex

The Central Delhi Court Bar Association is recognized as the official Bar Association for the Rouse Avenue District Court Complex overriding the authority of the Bar Council of Delhi to establish such associations under the Bar Association Rules of 2019.

Hot Off The Press News

Calcutta High Court directs CBI probe into alleged rape and land grabbing in Sandeshkhali by TMC leader Shahjahan Sheikh

The case involved allegations of rape of women and land grabbing by individuals associated with local leader Shahjahan Sheikh in Sandeshkhali, a village in 24 North Parganas District of West Bengal.

Case Briefs High Courts

[Excise Liquor Policy] | Arrest of Arvind Kejriwal not in contravention with law; Delhi High Court dismisses Arvind Kejriwal’s plea

Delhi High Court clarified that it is a legal matter between the petitioner and the Directorate of Enforcement, not a conflict between political parties. It stressed the need for the court to maintain its focus on the legal merits of the case, without being influenced by political dynamics.

Case Briefs High Courts

Delhi High Court directs expeditious disposal of TV Today Network’s appeal over Harper’s Bazaar India Instagram Account Suspension

While the court did not provide a definitive ruling at this stage, it demonstrated a proactive approach by directing the Grievance Appellate Committee to promptly decide the petitioners’ appeal, should they file one. This interim measure aimed to mitigate the petitioners’ grievances pending a final determination of the constitutional validity of Rule 3(1)(c) of IT Rules, 2021 and related provisions.

Case Briefs High Courts

[Gang Rape] Baffling and mysterious as to why police did not collect CDR of victim; Delhi High Court acquits accused due to insufficient evidence

“Call Details Record of the victim would have reflected her location which could have even strengthened the case of prosecution but is not explicable as to why such valuable piece of evidence was not bothered to be collected. Thus, a golden opportunity went begging.”

Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

Tribunal Roundup December 2023 to March 2024| Top Stories on Ajit Pawar, ZEE Business, Uber Fares, Deficiency in services by Samsung India, Matrimony.com and more

Demand of service tax u/s 73-A of Finance Act, 1994 incorrect when broadcaster’s service tax is collected and not retained: CESTAT reiterates

Case Briefs High Courts

Delhi High Court grants divorce to MasterChef Kunal Kapur on grounds of cruelty by wife

When such is the nature of one spouse towards the other, it brings disgrace to the very essence of marriage and there exist no possible reason as to why he should be compelled to live while enduring the agony of living together.

Hot Off The Press News

[Delhi Liquor Excise Policy Scam] Delhi Court remands Delhi CM Arvind Kejriwal to judicial custody till April 15

On 21-03-2024, Delhi Chief Minister Arvind Kejriwal was arrested by the ED for his alleged involvement in the Delhi Liquor Excise Policy scam. After the ED’s remand extension expired on 01-04-2024, Rouse Avenue Court extended judicial custody for Kejriwal till 15-04-2024

Case Briefs High Courts

Calcutta High Court grants interview opportunity to IBPS Exam candidate despite Date of Birth discrepancy; Calls it ‘trivial error’

“The object of a public examination cannot by any means be construed to be so restrictive as to be cruel on the candidates, particularly for brilliant people like the petitioner, who has already cleared the preliminary and mains in the tough banking examination concerned. The endeavour of the authorities ought to be encourage such people and not to shut them out on trivial issues.”

Case Briefs High Courts

[UPSC Prelims 2024] Delhi High Court accepts supportive measures extended by Manipur Government to Manipur Hill Tribal candidates

Delhi High Court upheld the importance of equitable access to examination opportunities for candidates from marginalized areas and acknowledged the collaborative efforts between the concerned authorities to address logistical challenges effectively.

Case Briefs High Courts

Chasing recoveries must never be the fate of Public Private Partnership Contracts; Bombay High Court directs MEPIDL to resolve issue with MCD

No reasonable body of persons or a prudent government or public body can overlook such glaring aspects that a person who is a defaulter of such enormous public money can be recognised to even continue to be a contractor irrespective of its existing contracts which are lucrative toll contracts awarded by public bodies / Governments. Would it not amount to a daylight fraud on the public exchequer ?

Case Briefs High Courts

Delhi High Court| Non-provision of accessibility features constitutes an offence under Right of Persons with Disabilities Act

The case of the Petitioners is that, though various rights have been recognized for ‘persons with disabilities’ under the RPWD Act, most films which are released in India are not catering to disabled persons, despite the said RPWD Act, having been enacted more than 5-6 years ago.

Case Briefs High Courts

[Delhi Excise Liquor Policy] Delhi High Court rejects PIL seeking removal of Arvind Kejriwal from Chief Minister post

The PIL filed in the Delhi High Court raises concerns about potential obstruction of due process of law and disruption of justice amidst legal proceedings against Arvind Kejriwal. The petitioner argues that allowing Kejriwal to remain in office could undermine fair administration of justice and potentially lead to a breakdown of the constitutional machinery in Delhi.