Arunima, Author at SCC Times

Eden Gardens Stadium not a ‘public place’; Calcutta High Court quashes Kolkata Municipal Corporation’s ₹51 Lakh Tax demand on Cricket Association of Bengal

“In common parlance, for a particular place to be a public place, the members of the public must have an absolute, unqualified and unconditional right of free access thereto of their own free will and volition without any restriction whatsoever.”

Case Briefs High Courts

Calcutta High Court upholds rejection of UCO Bank’s SARFAESI application by District Magistrate over Affidavit defects

The Court observed that since the jurisdiction of the District Magistrate under Section 14 of the Act, is not ministerial and not adjudicatory, such defects cannot be cured retrospectively or assumed to be merely procedural.

Case Briefs High Courts

Calcutta High Court directs Transgender Person to file fresh passport application, Mandates Identity Card be duly considered

The Court observed that the transgender identity card of the petitioner shall be taken into account at the time of consideration of the petitioner’s application for passport.

Legislation Updates Notifications

‘No Summons to Advocates unless Director approves’; ED after withdrawing summons to two Senior Advocates

Section 132 of Bharatiya Sakshya Adhiniyam, 2023 protects advocates from being compelled to disclose any communication made in the course and purpose of their professional employment.

Case Briefs High Courts

‘State of West Bengal acting in hot haste, reintroducing struck-down reservations; Calcutta High Court stays OBC reclassification

The Court observed that it was explicit that the expressions ‘Government of West Bengal’ and the ‘Government’ meant the State of West Bengal in discharge of its legislative functions.

Case Briefs High Courts

Calcutta High Court sets aside ECL order on Mamata Banerjee’s coal controversy; Directs ECL to pay ₹25 lakh compensation

The judiciary upholds a strong commitment to justice, fairness, and social equity. In complex cases involving competing rights, courts must sometimes innovate guided not by whim but by enduring principles of equity and good conscience. This ensures a balanced, equitable resolution.

Case Briefs High Courts

Cheque Dishonour due to Frozen Account not Offence Under NI Act: Delhi High Court interprets “account maintained” under Section 138 NI Act

“Even though the cheque return memo may mention its reason for dishonor as “insufficient funds”, the fact remains that, the petitioners’ account was frozen by the CGST Department, and thus, it could not be said to be “maintained” by them.”

Case Briefs High Courts

[Constructive Desertion] Calcutta High Court sets aside divorce granted to husband due to his foundational deceit and concealment of prior marriages

The deliberate suppression of such a crucial and material fact concerning one’s marital history at the solemnization of marriage, especially when it involved a contentious prior dissolution and criminal proceedings (a 498A IPC case), constitutes profound and inexcusable mental cruelty to the wife.

Case Briefs High Courts

Delhi High Court rejects OSWAL’s trademark appeal for ‘ONE FOR ALL’ mark as descriptive and non-distinctive

“Mere reliance on sales figures, promotional expenditure, or broad assertions of popularity, without cogent documentary substantiation connecting such use exclusively to the mark “ONE FOR ALL”, is insufficient.”

Case Briefs High Courts

Delhi High Court imposes 50k costs on advocate for filing PIL using own credentials without petitioner’s signature

The Court observed that filing complaints against unauthorized construction by advocates themselves, coupled with writ petitions submitted without the signatures of the purported litigants, amounts to a clear abuse and misuse of the judicial process.

Case Briefs High Courts

[Section 509 IPC] Delhi High Court reinforces validity of amicable settlements in ‘In-Flight Staring’ FIR case

On 28-05-2024, the complainant while flying from Indore to Delhi alleged that co-passenger stared at her persistently, causing discomfort.

Case Briefs High Courts

Calcutta High Court rebukes Kolkata Municipal Corporation for inadequate inspection in La Martiniere Boys’ School building collapse; Directs fresh inspection

The Court observed that the report submitted by the Kolkata Municipal Corporation lacked crucial particulars and failed to meet the substance and spirit of the earlier inspection order.

Case Briefs High Courts

False 498-A complaint and acquittal amount to ‘mental Cruelty’: Andhra Pradesh High Court affirms divorce after 29 years of separation

“The ill conduct must be persistent for a lengthy period, where the relationship has deteriorated to an extent that because of the acts and behaviour of a spouse, the wronged party finds it extremely difficult to live with the other party any longer.”

Case Briefs High Courts

Calcutta High Court Grants Bail and Police Protection in FIR Against Law Student Over Alleged Blasphemous Post

Calcutta High Court observed that the impugned order appears to have been issued in oversight of the directions issued in the case of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273.

Legislation Updates Rules & Regulations

Delhi High Court releases Draft Arbitration Rules, 2023 for public feedback

Delhi High Court has unveiled the Draft Arbitration Rules, 2023, inviting public feedback until 05-07-2025. The draft aims at streamlining arbitration procedures and enhancing institutional efficiency, laying down comprehensive filing norms, encouraging institutional arbitration, and more.

Hot Off The Press News

Calcutta High Court grants interim bail to law student Sharmistha Panoli in offensive video case

Sharmistha Panoli, a law student, was booked for allegedly making blasphemous remarks against Prophet Mohammad on social media.

Case Briefs High Courts

Delhi High Court | EMIs, personal loans, or insurance premiums cannot justify evasion of maintenance under Section 24 Hindu Marriage Act

The inability to engage in full-time or gainful employment by wife cannot be viewed as a voluntary choice but must be seen considering the practical limitations imposed by her dual responsibilities.

Case Briefs High Courts

Delhi High Court sets aside RBI’s NBFC registration cancellation of Shabros Finvest; Directs reconsideration

The central dispute involved RBI’s cancellation of Shabros Finvest Pvt. Ltd.’s NBFC registration for allegedly failing to meet the prescribed Net Owned Fund (NOF) requirement.

Tribunal and Commission Roundup May 2025

Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

Tribunals and Commissions Roundup May 2025 | Google’s ₹20.24 Cr Android TV Settlement, GBS Outbreak in Pune, Arshad Warsi SEBI Ban, Amazon Fined Over ₹100 Rakhi; and more

From a ₹20.24 Cr Google settlement in an Android TV antitrust case to NCLT’s rejection of Vedanta’s demerger, the May 2025 roundup covers key regulatory and tribunal decisions. Highlights include NCLAT’s take on electricity dues during CIRP, SEBI’s 5-year ban on actor Arshad Warsi, environmental rulings by NGT, and Amazon penalized for a ₹100 Rakhi delivery failure.

Case Briefs High Courts

Delhi High Court issues directives on hospital lapses mandating timely MTP in rape victim cases

This case serves as an important reminder that a victim of sexual assault carrying the burden of an unwanted pregnancy may need more sensitivity to deal with as in many cases, such victims are under deep distress unable to process their situation and life. Further, each day’s delay in such cases in conducting MTP puts the victim under enhanced potential danger to her life