Soumya Yadav, Author at SCC Times

Denial of permanency on Ground of HIV Status is arbitrary and unconstitutional; Bombay HC grants relief to HIV+ sweeper

“Denial of benefit of permanency to the petitioner on the ground of his status as HIV+ is clearly arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India.”

Case Briefs High Courts

Challenging ban on Airbnb by Cooperative Housing Society? Bombay HC says: Writ Not Maintainable; Go to Cooperative Court

“The sole respondent in this proceeding is a cooperative housing society, which is a private entity, and hence the writ petition under Article 226 of the Constitution would not be maintainable.”

Case Briefs High Courts

‘Arbitrary and Discriminatory’: Bombay HC quashes Maharashtra Pollution Control Board circular restricting hazardous waste operations

“The Maharashtra Pollution Control Board has no jurisdiction to curtail the business activities of the company by restricting the area of its operation.”

Case Briefs High Courts

Madras HC urges Union to step up awareness on child internet safety; Suggests exploring Australia-style law restricting online access for under-16s

“Ultimately, it is the individual choice and right to access such obnoxious material or to avoid it and as far as children are concerned, the vulnerability is high, so the parents’ responsibility is higher.”

Case Briefs High Courts

Bombay HC finds no deceptive similarity between “RACIRAFT” and “EsiRaft”; Vacates interim injunction

“Well settled principles for assessing the deceptive similarity lays emphasis on visual appearance as well as the phonetic similarity i.e. that the marks have to be judged by the eye as well as the ear.”

Central Freedom Fighters pension guarantee

Case Briefs High Courts

State Freedom Fighter pension doesn’t automatically guarantee Central Freedom Fighters’ Samman Pension; Document-based proof mandatory: Madras High Court

“Welfare schemes are concessions extended to Freedom Fighters recognising their contributions during freedom struggle, and therefore welfare schemes and concessions ought to be implemented scrupulously by following the terms and conditions.”

Case Briefs High Courts

Bombay High Court denies bail in Palghar mob lynching case citing gravity of offence and distinct role of accused

“Liberty of a person accused of an offence would depend upon the exigencies of the case however it is possible that in a given situation, the collective interest of the community may outweigh the right of personal liberty of the individual concerned.”

Case Briefs High Courts

Courts can direct police assistance to implement injunction order under S. 151 CPC: Orissa High Court

“Mere filing of an appeal cannot and does not operate as a stay of the order appealed against, unless an order of stay operation of the same has been passed.”

SAP personnel not entitled to superannuation

Case Briefs High Courts

Jharkhand HC: Special Auxiliary Police personnel are contractual appointees with a maximum tenure of 7 years, not entitled to superannuation benefit

“If any age of superannuation was to be included or read into the scheme, the same could only be done by a proper amendment and not by any recommendatory letter.”

Case Briefs High Courts

Constructive res judicata bars re-litigation of interest claims; fresh arbitration impermissible after arbitral award: Bombay High Court

“Since disputes had already been subjected to arbitration and culminated in the Arbitral Award, the disputes and differences, including differences over interest payment prior to commencement of arbitration, are issues that are covered by constructive res judicata.”

Case Briefs High Courts

Public funds can’t be given to ‘favoured few’: Madras High Court suggests audit of ‘scandalously high’ fees paid to Govt law officers

“The submission made before the Court as regards the financial wherewithal of the petitioner was factually correct, therefore, the Court did not want to doubt the statement of a counsel that he was unable to even engage a clerk for obtaining certified copies for the 818 cases.”

Case Briefs High Courts

Bombay High Court: Petition for substitution of ODR-appointed arbitrator misconceived; Parties directed to mediation before Court’s Mediation Centre

“One cannot possibly conclude there was no consensus simply because the terms and conditions of the agreement between the parties entailed conciliation and arbitration by a named and pre-agreed Online Dispute Resolution Agency portal.”

Case Briefs High Courts

Bombay HC dismisses plea seeking interim relief to House of Mandarin Restaurant over ‘HOM’ trade mark dispute

“Both the restaurants are premium restaurants which would obviously cater to a distinct well informed and well-educated consumer base and the likelihood of confusion is bleak in such cases.”

Case Briefs High Courts

Intra-court appeal not maintainable in patent disputes; Commercial Courts Act overrides Letters Patent of High Court: Madras High Court

“Any expansion of the scope of the Commercial Courts Act would defeat its objectives, and there is no ambiguity regarding appeals from decrees of Commercial Courts and Commercial Divisions under Section 13 of the Commercial Courts Act.”

Case Briefs High Courts

Madras High Court: Law and order no ground for disobedience of judicial orders; Officials held accountable for ignoring directions in Thiruparankundram hill lamp case

“Law and order cannot be a ground for flouting a court’s order, as that would be inexcusable, amount to a breakdown of law and order, and ultimately lead to paralysis of the constitutional machinery.”

Bail rejection police officials abduction

Case Briefs High Courts

Magistrate not bound by Investigating Officer’s opinion: Bombay High Court rejects bail application of police officials accused of abduction and extortion

“The Magistrate undeniably is vested with the powers to accept the charge sheet as it is or independently apply his mind to the facts emerging from the investigation and take cognizance of the case, as he deems fit.”

Case Briefs High Courts

Bombay High Court holds License fee on sky-signs and hoardings to be regulatory fee, not tax, despite GST

“The control and regulation of sky-signs and hoardings in the modern times is a significant challenge for the municipal bodies who are caught between a balance to be brought about by such high technological advancements.”

Case Briefs High Courts

Investor Protected: Bombay High Court holds Depository liable for broker’s misuse of Power of Attorney in fraudulent share transfers

“This is not a one-off case of failure on the part of BRH as Depository Participant but involved 9493 of its clients having credit balance of securities in their demat accounts.”

Case Briefs High Courts

Right to privacy of students protected: Orissa High Court directs inclusion of refusal clause in APAAR ID Scheme

“If it is intended to be a voluntary act, appropriate provisions clearly specifying such fact ought to have been incorporated in the form by providing option to the parents to refuse to submit their consent or to opt out of it entirely.”

Arbitral Tribunal cannot lift corporate veil

Case Briefs High Courts

Arbitral Tribunal does not have jurisdiction to lift corporate veil: Madras High Court modifies arbitral award

“Arbitrator went wrong in applying the doctrine of lifting the corporate veil/ determining another entity as the alter ego and fastening the liability on the petitioner.”