Sunaina, Author at SCC Times

Ownership of secured asset in a statutory sale under SARFAESI is transferred upon issuance of sale certificate: Bombay HC

“On losing merely the right of redemption, a borrower does not automatically lose ownership rights over the secured asset and that the ownership right is ultimately lost only upon issuance of sale certificate in accordance with Rule 9(6) of the SARFAESI Rules.”

Case Briefs High Courts

Buyer cannot reject goods after use; Bombay HC upholds ₹4.25 crore Arbitral award against Godrej & Boyce

“The Tribunal conducted a factual inquiry, relying on quality certificates, mill test reports, IGC test results, and inspection reports of the third-party agency, all of which confirmed that the tubes supplied by the respondent was in accordance with the requisite specifications. Once this was established, the burden shifted to the petitioner to prove defects.”

Case Briefs High Courts

J&K and Ladakh HC issues notice on PIL seeking ST Status, Pahari Speaking People certificates for PoJK Displaced Persons of 1947

“The President of Jammu Kashmir Sharnarthi Action Committee which raised voice for the displaced persons was aggrieved by the unjust treatment meted out to the DPs of 1947 who were illegally displaced from PoJK, particularly regarding their recognition as Scheduled Tribe under Pahari Ethnic Group and issuance of a PSP Certificate.”

Case Briefs High Courts

Bombay HC quashes FIR against all but one accused in Rs 50 crore investment scam

“The investors were induced to deposit amounts in Indian currency with promises of receiving returns in dollars, including 2% daily, 60% monthly, and 720% annually. It was alleged that the total investment in the scheme exceeded Rs 50 crore.”

Case Briefs High Courts

Charitable trust engaged in systemic and commercial activities is an ‘industry’ under ID Act: J&K and Ladakh HC

“Under the Triple Test, the Trust’s activities were systemic and organised, aimed at fulfilling human wants, including spiritual or religious needs, while also involving commercial operations. Therefore, its functions were not purely religious or selfless but carried out in a commercial manner, thus falling within the definition of ‘industry’.”

Case Briefs High Courts

‘Maintenance has to be proportionate to children’s needs & not husband’s income’: Bombay HC dismisses wife’s claim of Rs 1 lakh per child

“It does not mean that a proportionate part of a husband’s income is to be awarded to the wife and children, rather the maintenance must be in proportion to the needs of the children. The amount of Rs 50,000 per month was a meager amount for the two daughters of growing age and it was inadequate and very less.”

Case Briefs High Courts

Bombay HC: Extraordinary jurisdiction can be invoked to order stamp duty refund on unexecuted agreement despite Section 48 limitation under Maharashtra Stamp Act

“The stamp duty is not a transaction tax, but a duty payable on an instrument, which must be executed to be chargeable.”

Court of Inquiry merely a fact-finding exercise

Case Briefs High Courts

Court of Inquiry under BSF Rules not a disciplinary proceeding but merely a fact-finding exercise: J&K and Ladakh HC

“The findings returned by the Court of Inquiry shall be in the nature of a preliminary report which shall facilitate the BSF authorities to decide as to whether the disciplinary proceedings against the delinquent are required to be initiated or not.”

temporary employee entitled to maternity benefits

Case Briefs High Courts

Temporary employment or technical break in Service not ground to deny maternity benefits: Bombay HC

“Every woman shall be entitled to maternity benefit at the rate of her average daily wage for the period of her actual absence, including the day of her delivery as well as the days immediately preceding and following her delivery.”

Case Briefs High Courts

Mere recovery of tainted money insufficient for conviction under PC Act: Bombay HC acquits officials of all charges

“Offences under the PC Act require strict proof of twin elements of demand and acceptance and mere recovery of tainted currency or existence of electronic recordings, without reliable proof of demand, is insufficient to convict unless accompanied by credible proof of demand.”