Simranjeet, Author at SCC Times

[Haldwani Violence] ‘Appeal lies u/s 21 of NIA Act before Division Bench’; Uttaranchal HC dismisses bail plea of Abdul Malik

Under Section 21 of NIA Act, appeals are filed against Special Court’s order and thus in view of the powers that are conferred on the Court of Session for exercising the jurisdiction of the Special Court, orders passed by the Court of Session under Section 22(3) shall also be appealable under Section 21.

Case Briefs High Courts

Without valid justification, no request for adjournment/filing affidavit-in-reply will be considered, except on payment of costs: Bombay High Court

Respondents cannot have an approach that the orders passed by this Court issuing specific directions are rendered meaningless and the proceedings are to be listed only to be adjourned.

Case Briefs High Courts

‘Appellate Court must respect Trial Court’s findings unless there is clear error/failure of justice’: Bombay HC upholds Single Judge’s order appointing Court Receiver in partnership dispute

The Single Judge in order dated 16-07-2024 held that there are enough documents proving that appellant had started construction on Virar property even though there is a status quo order, and thus, to safeguard and preserve the property, a Court Receiver needs to be appointed.

Cases Reported Never Reported Judgments

NRJ Series | Different parts of admission inseparably connected to form integral whole must be accepted or rejected as a whole [(1953) 2 SCC 560]

This report covers the Supreme Court’s Never Reported Judgment, on splitting up of admission, dating back to the year 1953.

Case Briefs High Courts

‘Sluggish Investigation’; Uttaranchal HC grants default bail to accused persons in Haldwani Violence Case

The right to life and liberty is one of the integral part of the Constitution and it is the most sacred fundamental right and the custody of people in the name of various enactments and without adhering to the promptness of the investigation, cannot allow appellant to remain under incarceration.

Case Briefs High Courts

Bombay High Court directs SEBI, NSE, BSE to pay Rs 80 lakhs costs for illegal and invalid freezing of demat accounts

Respondents have not shown any active role of petitioner in the capacity of the promoter, in the management of the company, Shrenuj, and any role and obligation factually fastened on petitioner in the various compliance which are required to be undertaken under SEBI (LODR) Regulations, at the time of freezing of his demat accounts.

Case Briefs High Courts

Bombay HC denies bail to BRAHMOS former engineer convicted for sharing secret information of BRAHMOS Missiles to Pakistan

When the question of National security and safety arises, it is quite serious than the cases of gruesome murder and in the present circumstances, the Court is not prepared to risk the National security and safety.

Case Briefs High Courts

Telangana HC stays demolition of N. Convention, founded by actor Nagarjuna and entrepreneur Nalla Preetham Reddy

Since petitioner disputes the fact that respondent-authorities have served the show-cause notice, thus, respondent-authorities are directed to demonstrate the manner and mode of service of the show-cause notice on petitioner before passing the speaking order.

Case Briefs High Courts

Patna HC grants bail to ISKCON monk, a Nigerian citizen allegedly travelling India without a valid visa

Petitioner was released on bail on furnishing bail bonds of Rs 10,000 with two sureties of the like amount, subject to the condition that one of the bailors should be the President of ISKCON, Patna.

Case Briefs High Courts

‘S.115(1) of Mental Healthcare Act overrides S.309 IPC’; Bombay HC quashes FIR u/s 309 IPC against woman who attempted to commit suicide under stress

Section 115 of the Mental Healthcare Act, 2017 stated that a person who tried to commit suicide, enjoyed a statutory presumption about mental stress and having regard to such presumption, is excluded from being put on trial.

Case Briefs High Courts

Bombay HC directs Department of Social Welfare to create email address, social media handle for reporting instances of manual scavenging

The creation of the social media handle and email address and uploading of the information on the website shall be done by the next date of hearing, i.e., 09-09-2024.

Case Briefs High Courts

Bombay HC quashes circular exempting performance of musical works at wedding from copyright infringement under Copyright Act 1957

The circular dated 30-01-2024 issued by the State of Goa, does much more than just informing the public of the provision of Section 52(1)(za) of the Copyright Act, 1957 and interfered with the enforcement mechanism provided in the Act for exercise or enforcing rights of copyright societies under the Act.

Case Briefs High Courts

Explained | Bombay HC verdict directing UAE Based Parties to disclose assets in India for execution of decree for recovery of money by Luxembourg Company

Although HSBC has initiated the proceedings before the Court in UAE, seeking orders to pay the amount under the facility letters and to obtain a decree, ARF SV 1 Sar-applicant is entitled to pursue the claim in execution in the Courts in India by filing the Execution Application.

Case Briefs High Courts

Bombay HC dismisses PIL filed by firm ‘Crimeophobia’ to constitute Transnational Sanatan Commission; imposes Rs 10,000 cost

The prayers made in the present PIL are not only omnibus in nature but also are multiple in number, covering diverse subjects and have no factual or legal basis for it.

Cases Reported Never Reported Judgments

NRJ Series| Evidence of related eyewitness can be accepted without corroboration [(1953) 2 SCC 604]

This report covers the Supreme Court’s Never Reported Judgment, on related eyewitness, dating back to the year 1953.

Case Briefs High Courts

Bombay HC rejects Amit Goenka’s plea challenging SEBI’s order appointing KPMG as Forensic Auditor in Shirpur Gold Refinery case

As petitioner filed reply to the show cause notice and had already questioned the appointment of KPMG as Forensic Auditor and the Report, he is free to pursue the matter before SEBI in accordance with law.

Case Briefs High Courts

Sperm/oocyte donor in surrogacy cannot claim rights/duties of a biological parent in relation to the child: Bombay High Court

Though petitioner’s parents have supported her sister’s decision to stay with Respondent 1 and his daughters due to her state of depression after losing her husband and daughter in the accident, this cannot be a consideration for this Court to consider that petitioner’s sister is the biological mother of petitioner’s daughters merely because she is the egg donor.

Case Briefs High Courts

No exemption from faceless procedure for notices issued under S. 148 of Income Tax Act, 1961 for international tax charges: Telangana HC

The taxpayer is nowhere distinguished between NRIs and Indian Citizens. The notice issued under Section 148 of the Income Tax Act, 1961 must comply with the requirement of the Scheme whether or not the taxpayer is NRI/Indian Citizen.

Case Briefs High Courts

Bombay HC directs deletion of offending post on YouTube against Malabar Gold Ltd. for being per se defamatory and reckless

Several defamatory statements were made against Malabar Gold Ltd. by Respondent 1 on his YouTube channel titled “Marunadan Malayali”.

Case Briefs High Courts

Bombay HC upholds validity of Regulation 10 of Institute of Actuaries of India (Admission as Member and Issuance of Certificate of Practice) Regulations, 2017

The Court opined that Regulation 10 permitted only Fellow Members to apply for Certificate of Practice because Fellow Members possessed higher qualifications than Associate Members by passing additional examinations and there is not only an intelligible differentia between Associate Members and Fellow Members but there is a rational nexus to the object sought to be achieved by the said classification.