Simranjeet, Author at SCC Times

‘Abrupt cessation might not be in best interest of patients’; Delhi High Court allows continuation of stem cell treatment for children with Autism Spectrum Disorder

“Medical advancements often encompass both known and unforeseen risks, and individual autonomy in making informed decisions about treatment options is the cornerstone of patient rights.”

Case Briefs High Courts

Delhi High Court imposes Rs. 20 lakhs damages on rogue websites for illegally streaming the film ‘Brahmastra Part One: Shiva’

“Piracy of cinematograph films is one of the biggest causes for losses in the film industry. Thus, various legislative steps have been taken to curb piracy and recently, amendments have been carried out in the Cinematograph Act, 1952 to deal with piracy in a much stricter manner.”

Case Briefs High Courts

‘In a Force constituted for ensuring security of borders of India, discipline is paramount’; Sikkim HC dismisses plea of ITBPF constable challenging his order of compulsory retirement

“The authorities are best judges to maintain the discipline of the Force. Unless gross violation of natural justice or perversity in the quantum of punishment compared to the quantum specified is seen, it will not be wise to interfere in writ jurisdiction although the power of this Court is sufficiently wide to root out any illegality wherever found.”

Cases Reported Never Reported Judgments

Never Reported Judgment | When Supreme Court determined the public or private status of the lane between the houses [(1952) 1 SCC 296]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on use and enjoyment of property.

Case Briefs High Courts

Gender-specific legislations are not biased against opposite gender, rather address unique issues faced by a particular gender: Delhi High Court

“Irrespective of the gender-specific nature of a law, the judicial duty fundamentally requires unwavering neutrality and impartiality. The judge’s role is to objectively interpret and apply the law, free from any form of gender bias or predisposition.”

Case Briefs High Courts

Creating separate classification in appointments for better qualification will not violate fundamental rights of a person: Delhi High Court

“The Central Public Sector Enterprises are entrusted to work efficiently and generate profits for the government. For the same, the Public Enterprises Selection Board needs to appoint better qualified candidates to run and oversee the operations of the said entities.”

Case Briefs High Courts

Delhi High Court directs former J&K CM Omar Abdullah to pay maintenance of Rs. 1.5 lakhs per month to his wife, Payal Abdullah

“The Court stated that it is pained to note that in such acrimonious proceedings, the parents tend to make their children their pawns, thereby sidelining their children's happiness in order to vindicate themselves.”

Case Briefs High Courts

Not providing consent for moving Second Motion petition for divorce will not amount to contempt of court’s order: Delhi High Court

“The parties seeking divorce by mutual consent shall not be compelled to furnish or withdraw their consent for a decree of dissolution of marriage since the key and chief component for such a decree is free and unblemished consent.”

Case Briefs High Courts

Delhi High Court directs Sun Pictures to digitally alter/edit clippings that feature RCB Jersey in ‘Jailer’ movie

“With effect from September 2023, in the theatrical depiction of the film “Jailer”, the RCB team jersey shall stand edited/altered. Sun Pictures shall ensure that after 01-09-2023, none of the theatres will exhibit the RCB jersey in any form whatsoever. Insofar as television, satellite or any OTT platform is concerned, prior to the release thereof, the altered version of the film shall be broadcasted/telecasted.”

Case Briefs High Courts

Delhi High Court issues directions to provide infrastructure to ensure persons with disabilities can participate in proceedings

“No citizen in this country should feel that due to his physical or mental disability, justice is not done to him either due to lack of material infrastructure or moral, ethical, sensitive and understanding by the judicial system.”

Case Briefs High Courts

A politician is not disabled from being appointed as a Chairperson of the Bihar State Food Commission: Patna High Court

“No mandate on the State to carry out public advertisement, especially when a Selection Committee was appointed which could device a method by which the search of suitable people could be made, and recommendations could be given to the Government.”

Case Briefs High Courts

Artificial Intelligence cannot substitute human intelligence in adjudicatory process: Delhi High Court refuses to rely on ChatGPT responses

“Accuracy and reliability of an Artificial Intelligence (‘AI') generated data is still in the grey area. At best the tool could be utilized for a preliminary understanding or for preliminary research and nothing more.”

Case Briefs High Courts

Delhi High Court directs authorities to provide counselling to parents to accept their daughter’s sexual orientation

“The Director of Shakti Shalini Shelter Home is directed to provide counselling session to the missing person. It is further directed that parents of missing person shall also be counselled to prepare them to accept their child’s wishes.”

Case Briefs High Courts

Mother can also be made liable to pay maintenance to her minor child under Section 125 of CrPC: Uttaranchal High Court

“Section 125 of the Criminal Procedure Court, 1973 makes it clear that the liability to maintain a minor child is on “any person”, and this denotes not only a male but a female gender and it cannot be said that ‘a person' can only qualify father and not the mother.”

Case Briefs High Courts

‘Transgender’ is not a caste identity; every individual shall be permitted self-determination: Patna High Court

“The intention is not to give benefits based on caste, but to identify communities with the caste as an indicator of the larger group of individuals; who will require measures for their social, economic and educational upliftment, to ensure an equal status and decent living conditions, within the society.”

Case Briefs High Courts

Delhi High Court modifies patent injunction to the extent honeycomb panels are for supply to the Ministry of Defence

“The defendant is selling honeycomb panels to the Ministry of Defence since 2012 and containers of the defendant cannot be sold without the panel, considering the purpose for which containers are stated to be needed, that too by the Ministry of Defence.”

Case Briefs High Courts

Delhi HC directs ‘Organiser’ and ‘The Commune’ to remove offending article alleging sexual exploitation of nuns, Hindu women by a principal

“The fundamental right to freedom of speech has to be counterbalanced with the right of reputation of an individual. Good reputation is an element of personal security and is protected by the Constitution equally with the right to enjoyment of life, liberty and property and is a necessary element in regard to Right to Life.”

Case Briefs High Courts

No bar in law for a secured creditor to directly proceed u/s 14 of SARFAESI Act after withdrawing measures taken u/s 13(4): Delhi High Court

“The scope of writ jurisdiction cannot be allowed to trounce the statutory obligation, on the stratagem of efficacious alternate remedy.”

Case Briefs High Courts

‘Google Pay is a mere third-party app provider, no authorization required from RBI’; Delhi HC dismisses PIL to cease Google Pay’s operations

“A third-party app such as Google Pay obtains approval from National Payments Corporation of India (‘NPCI’) for operating on the UPI platform and RBI has issued the Certificate of Authorisation to the NPCI to operate various retail payment systems in India including UPI.”

Cases Reported Never Reported Judgments

Never Reported Judgment | Practice of merely agreeing with lower courts is not satisfactory; Appellate court should give clear indication of evidence it relies on [(1952) 1 SCC 432]

This report covers the Supreme Court's Never Reported Judgment dating back to the year 1952 on duty of appellate court under Criminal Procedure Code, 1898.