Arunima, Author at SCC Times

‘No obligation to disclose juvenile offences in employment cases’; Delhi High Court sets aside memo for non-disclosure under JJ Act

Delhi High Court highlighted the commitment to upholding the principles of juvenile justice and protecting individuals from undue repercussions for offenses committed during their minority.

Case Briefs High Courts

Delhi High Court denies bail in alleged forced trafficking and prostitution ring involving Uzbekistan nationals

Delhi High Court noted that the trial in the instant case is at a very initial stage and charges have not been framed yet by the Trial Court, and there are 34 prosecution witnesses to be examined who are prone to influence and pressure.

Case Briefs High Courts

Delhi High Court validates Delhi Medical Council’s mandate for allopathic physicians’ registration

A PIL was filed seeking quashing of a public notice dated 24-12-2023, issued by the Delhi Medical Council (DMC) mandating any person practicing modern scientific medicine (Allopathy) in Delhi must be registered with the DMC as per the Delhi Medical Council Act, 1997.

Case Briefs High Courts

Delhi High Court upholds Delhi University student’s right to academic progress based on regulatory anomaly

The petitioner, a student enrolled in the B.A. (Hons.) English course at Kalindi College, Delhi University, filed a petition challenging the university’s refusal. The court directed the university to declare her second-semester examination result and permitted her to attempt the third-semester examination.

Case Briefs High Courts

Delhi High Court dismisses Mahua Moitra’s plea to restrain media from privacy infringement; upholds freedom of press

Delhi High Court acknowledged the importance of balancing freedom of press and expression with the right to privacy, particularly for public figures like Mahua Moitra, the petitioner, a former elected Member of Parliament from Krishnanagar, West Bengal, affiliated with the All-India Trinamool Congress Party (AITC).

Case Briefs High Courts

Delhi High Court: ‘Subscription Fee’ income not classified as ‘royalties’ or ‘included services’ under DTAA and IT Act

Delhi High Court elucidated the treatment of subscription fees vis-à-vis royalties and technical services under both the Double Taxation Avoidance Agreement (DTAA) and the Income Tax Act and clarified the distinction between income from subscription fees and payments for intellectual property rights or technical consultancy services.

Case Briefs High Courts

‘Equalizing the differently abled with their peers itself infracts Article 14’; Delhi High Court upholds Rights of visually disabled student for hostel accommodation at JNU

It is truly ironical that the JNU is seeking to defend its case by relying on the fact that the petitioner, a 100% visually challenged student — has provided a residential address 21 km away from the JNU campus. The submission deserves no further comment.

Case Briefs High Courts

‘CBSE has no right to stop the student from entering exam hall’; Delhi High Court comes strongly in Domicile Certificate case

“If any other candidate that has been held up outside the Examination Hall for want of uploading the domicile certificate in time, all such students will be entitled to enter the Examination Hall and undertake the examination with extension of time as noted above.”

Case Briefs High Courts

[Kalkaji Mandir Jagran Accident] ‘No jagran shall be held in Mandir’; Delhi High Court lays down safety directives

Delhi High Court affirmed the Administrator’s sole authority for granting event permissions within the Kalkaji Mandir precincts, emphasizing the need for formal application processes. Enhanced security measures were endorsed to address crowd management deficiencies, particularly during peak footfall periods.

Case Briefs High Courts

Delhi High Court holds NHPC entitlement as decree enforceable in law; Grants execution of arbitral award

If the part of an Award proposed to be annulled is independent, stands unattached to the other part and can be validly incised, the partial setting aside would be valid and justified. The same also applies to execution proceedings.

Case Briefs High Courts

Delhi High Court | Student’s failure to upload Domicile Certificate does not bar Class XII CBSE Exam Appearance

Having applied to obtain the domicile certificate, ensuring that she received it before uploading her application for appearing in the Class XII examination was beyond her control. The law does not compel the performance of the impossible.

Case Briefs High Courts

Delhi High Court grants ex parte interim injunction against Geetanjali Salon in copyright infringement case

Delhi High Court held that the plaintiff, PPL India, established a compelling case of copyright infringement against Geetanjali Salon, the defendants, with a clear imbalance of convenience favoring the plaintiff’s protection of intellectual property, an interim injunction is granted to halt the defendants’ unauthorized use of copyrighted materials.

Case Briefs High Courts

‘Hospital deemed an ‘Industry’ under Industrial Disputes Act’; Delhi High Court affirms Rights of a ‘Workman’ in Hospital Dispute

Delhi High Court upholds Labour Court’s finding, affirming Hospital as an Industry under the Industrial Disputes Act, 1947 validating State Government’s referral authority, and confirming the continuous service of the workman.

Case Briefs High Courts

[NOVA v NOVYA Trademark Dispute] Delhi High Court grants permanent injunction in favour of Sterling Agro Industries

Sterling Agro Industries emerges victorious in the trademark clash between NOVA and NOVYA, as Delhi High Court decrees in their favor, enforcing a permanent injunction against the defendants and awarding litigation costs.

Case Briefs District Court

[Bumble Relationship] | Delhi Court grants bail to a man accused of rape under section 376 IPC

While considering the complexities introduced by dating apps like Bumble, the court balanced the need for bail with the imperative of upholding the integrity of the trial process.

Case Briefs High Courts

[Sexual Harassment by Teacher] Delhi High Court holds recovery of overpaid salary invalid and denies increments

Delhi High Court bars the recovery of overpaid salary in a case involving teacher misconduct, citing unapproved suspension. However, increments are denied amidst allegations of serious nature.

Know thy Judge

Know Thy Judge | Justice Vijay Bishnoi, the 41st Chief Justice of Gauhati High Court

Justice Vijay Bishnoi, known for his commitment to upholding constitutional principles and ensuring procedural fairness, took oath of office as Chief Justice of Gauhati High Court on 05-02-2024.

Case Briefs High Courts

[IGNOU PGDCC Recognition Controversy] Delhi High Court upholds Central Government’s independent exercise in Contempt Jurisdiction

Delhi High Court upheld the Central Government’s independent exercise in contempt jurisdiction, emphasizing adherence to the original judgment’s directives and refraining from issuing supplementary orders. The decision underscores the judiciary’s cautious approach in contempt proceedings and affirms the sanctity of court orders.

Case Briefs High Courts

Bombay High Court grants exemption from Surrogacy Rules to couple facing Genetic Disorder challenges

In a significant ruling, the Bombay High Court granted exemption from strict surrogacy regulations to a couple facing challenges due to a genetic disorder. The decision enables the petitioners, dealing with infertility linked to Von Hippel-Lindau Syndrome, to pursue surrogacy without adherence to donor gamete restrictions, marking a pivotal development in reproductive rights litigation.

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI holds Guest Experts in violation of SEBI Regulations for Insider Trading nexus in stock recommendations on Zee Business

SEBI’s crackdown reveals guest experts’ violations in insider trading nexus on Zee Business, signaling a breach of regulatory standards. The investigation highlights a sophisticated network exploiting advance information for illicit gains, prompting stringent regulatory action.