Editor, Author at SCC Times

Delhi High Court directs Trial Court to return passport of accused under COFEPOSA and Customs Act by modifying bail condition

The Trial Court was directed to return the passport surrendered by the accused within 2 weeks of submission of application for the same.

Case Briefs Supreme Court

Unilateral appointment clauses in public-private contracts violative of Article 14 of Constitution; Arbitrator’s selection from PSUs panel not a mandate: SC

The Arbitration and Conciliation Act, 1996 does not prohibit Public Sector Undertakings from empanelling potential arbitrators, however, an arbitration clause cannot mandate the other party to select its arbitrator from the panel curated by PSUs.

Case Briefs High Courts

Delhi High Court grants ex-parte ad interim injunction to Skechers South Asia Pvt. Ltd. for protection of 32-year-old Trade Mark

The infringers were restrained from using Skechers’ trade mark and artistic works or any other trade mark or artistic work identical or similar to Skechers, till the next date of hearing.

Hot Off The Press News

NBDSA directs News18 to takedown Dhirendra Shastri’s interview for promoting superstition & religious disharmony

“The broadcasters have the editorial freedom to invite any person as a guest in any of its programme(s) however, such freedom has to be exercised within the boundaries of the Code of Ethics & Broadcasting Standards and the Specific Guidelines for Anchors conducting programmes including debates.”

Guidelines for admission of PwD in medical courses

Case Briefs Supreme Court

NMC to issue fresh guidelines for admitting PwD into medical courses; Assessment Boards to test functional competence of medical aspirants with disability: SC

“Central to the principles of reasonable accommodation and the individualized experience of disability is the right to access legal protections without undue mental hardship. If persons with disabilities must repeatedly turn to the courts to correct the missteps of authorities, then the rights recognized by this Court and the RPWD Act risk becoming hollow assurances.”

private properties as resource of community

Case Briefs Supreme Court (Constitution/Larger Benches)

How private resources become resources ‘of community’ & distributed for common good? Deciphering Justice BV Nagarathna’s partial dissent in 9-J Bench verdict

“Unless and until private ownership and control of the material resources are transformed or converted into the “material resources of the community” which is a condition precedent, there cannot be distribution of the said resources by the State. Otherwise, the State would merely transfer privately owned material resources from one owner to another person, without first making it a “material resource of the community” which, is not the intent of the framers of the Constitution and neither is the same envisaged under Article 39(b).”

Case Briefs Supreme Court (Constitution/Larger Benches)

Not all private properties are ‘material resources of community’ under Art. 39(b) for state to equally distribute; Supreme Court rules in landmark 7:2 verdict

The 9-Judge Bench unanimously held that Article 31-C of the Constitution remains in force to the extent that it was upheld in Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225.

Case Briefs Supreme Court

‘FIR not an encyclopedia, but can be used to corroborate or contradict informant’; SC upholds acquittal of 3 in 28-year-old murder case

“The prime object of FIR, from the point of view of the informant is to set the criminal law in motion and from the point of the investigating authorities is to obtain information about the alleged activity to enable them to take suitable steps to trace and book the guilty. FIR is an important document, though not a substantial piece of evidence, and may be put in evidence to support or contradict the evidence of its maker viz., the informant.”

Legal RoundUp Topic-wise Roundup

Criminal Law Roundup | A quick recap of top criminal law cases from October 2024

Read about the significant criminal law matters heard and decided by the Supreme Court and High Courts in October 2024

Case Briefs High Courts

‘Adverse remarks against government servants have deleterious impact on their careers’; Delhi HC obliterates adverse observations against ED in Trial Court’s order

‘The law is clear that custody of an accused can be sought even after filing of a chargesheet or complaint.’

Case Briefs High Courts

‘Animals are paying a penalty for negligent behaviour of humans’; Delhi HC directs Municipal Authorities and Forest Department to shift monkeys from Delhi

‘If Delhi wants to be a world class city — we all must behave like world class citizens and the civic agencies must become more proactive in setting world class ethics.’

Case Briefs High Courts

‘Faceless framework was established to reduce direct human interaction in assessments’; Delhi High Court dismisses petition to quash reassessment notices for being issued by JAO

‘The Legislature recognized that while strict procedural compliance is fundamental to maintain fairness in assessment process, an inflexible adherence to procedure could inadvertently lead to administrative bottlenecks and a surge in litigation.’

Case Briefs High Courts

‘Nominated Authority let its claim get extinguished without protest’; Delhi High Court refuses to interfere with judgment in favour of OCL Iron and Steel Ltd.

‘As per the ‘clean slate’ principle — to get a fresh breath, the successful Resolution Applicant is permitted to proceed in resurrecting the ‘on-going concern’ and no surprise claims are flung upon it, lest the effort of revitalizing and restarting the Corporate Debtor are wasted.’

Case Briefs High Courts

Disability suffered by Army personnel could be attributed to service conditions; Delhi HC refuses to interfere with AFT order

‘The Medical Board Proceedings acknowledged that the posting of the army personnel involved severe/exceptional stress and strain’

Case Briefs High Courts

Delhi High Court impleads non-signatories as ‘veritable parties’ in arbitration proceedings for having substantial involvement in fulfilling terms of MoS

‘If the non-signatory’s actions align with the signatories, it could reasonably lead the signatories to believe that the non-signatory was a veritable party to the contract containing the arbitration clause.’

Case Briefs High Courts

Delhi HC directs Union to grant retrospective seniority to CRPF Inspector who regained SHAPE-I Medical Category after being temporarily unfit

‘The Standing Order issued by the Director General, CRPF makes it evident that medical category SHAPE-I is an essential condition for promotion of all combatised personnel in all groups, ranks, and cadres in the Central Armed Police Forces.’

Case Briefs High Courts

‘Office Memorandum cannot supersede Recruitment Rules’; Delhi HC upholds CAT’s ruling that the Additional CIT (NFSG) post is a promotional position

‘It was undisputed that the respondents would be entitled to the benefit of Note 1 below Rule 7(4) of Schedule II to the Indian Revenue Service Rules, 2015.’

Case Briefs High Courts

Calcutta HC grants bail to accused under NDPS Act due to failure in filing FLS Report within 180 days

‘In an NDPS case, if charge sheet is filed within 180 days from the date of arrest of the accused, no right of statutory bail accrues.’

Case Briefs High Courts

Delhi Police Special Branch Manual falls squarely within the exemptions provided under S. 8(1)(a) of Right to Information Act: Delhi High Court

‘The information concerning law enforcement operations, especially those involving national security considerations, falls under purview of Section 8(1)(a).’

Case Briefs High Courts

‘Reasons required by Rule 9(1) cannot be left in realm of conjecture and surmise’; Delhi HC concurs with CAT to quash decision of Disciplinary Authority

‘The reasoning given for a fresh inquiry was a mere lip service to the requirement of Rule 9(1) and was delightfully left in the realm of conjecture.’