Arushi, Author at SCC Times

Courts will do well in not ordering concurrent running of sentences for serial offenders accused of heinous crimes: Punjab and Haryana High Court

“A sentencing policy which is unusually mild and sympathetic in its operation would have a disastrous effect on society and would do more harm than good to public confidence in the efficacy of law.”

Case Briefs High Courts

Delhi High Court refers dispute to Arbitration after finding service by email and WhatsApp sufficient

“The notice invoking arbitration sent to the same address was reported to have been delivered, but in the Speed Post report, by which the petition was sent to the address, it is stated that no such person is available at the address.”

Case Briefs High Courts

Delhi HC disposes of petition seeking directions to ensure personal data collected by foreign travel companies is kept confidential; grants liberty to approach UOI

Petitioner submitted that at least three major foreign travel companies, which are running their operations in India, are partially or fully owned by foreign investors, leading to concerns regarding potential misuse of citizens’ data.

BRS leader K Kavitha judicial custody April 23

Hot Off The Press News

[Excise Policy Case] Delhi Court sends BRS legislator K Kavitha to judicial custody till April 23

Central Board of Investigation submitted in the Court that K Kavitha was not responding to them.

Case Briefs High Courts

Union of India clarifies five percent IGST rate for import of dialysis machines in a petition before Delhi High Court

Respondents further submits that IGST rate of five percent is also applicable for “Artificial Kidney” and “Disposable sterilized dialyzer”.

Case Briefs High Courts

Protestors hiding behind a shield of religious legitimacy by placing Guru Granth Sahib is no reason for State to not act against them: Punjab and Haryana High Court

“On account of handful persons sitting and blocking the road, inconvenience is being caused to the commuters and residents of the Tri-city and the misery is continuing.”

Case Briefs High Courts

Delhi High Court rejects VCK party’s petition to allot “POT” symbol for contesting 2024 General Elections

“Petitioner has simply mentioned the numerical number of constituencies it intends to contest without complying with the mandatory provisions of the Election Symbols (Reservation and Allotment) Order, 1968”

Case Briefs High Courts

‘AMUL’ has gained wide, comprehensive and nation-wide reputation; its protection transcends all classes having been declared a well-known mark: Delhi HC

“What is striking, in this case, is that Respondent 1 has produced no document whatsoever which would prove their use since 1957, as claimed.”

Case Briefs High Courts

Person cannot be said to be absconded or evaded the execution of warrant when he went to a distant place before issuance of warrant: Punjab and Haryana High Court

Petitioner asserts that his absence was neither intentional nor deliberate as prior to the registration of the FIR as well as complaint, he was not residing in India since having settled in UK in 1988.

Case Briefs High Courts

‘Discovery of material impacting assessment of total income not intended to set off a chain reaction’: Delhi HC quashes notices issued u/s Section 153C of the IT Act, 1961

“It is only once the Assessing Officer of the non-searched entity is satisfied that the material coming into its possession is likely to “have a bearing on the determination of the total income” that a notice under Section 153C would be issued.”

Case Briefs High Courts

Chhattisgarh HC directs Advocate General to seek information about non-payment of compensation to victims’ parents/victims of sexual offences

The report states that because of lack of allotment of fund, the payment could not be made to the victims/family members of the victim, till date.

purchaser not ready and willing if did not treat contract as subsisting

Cases Reported Never Reported Judgments

Never Reported Judgment| Purchaser cannot be said to be ready and willing to perform his part of contract, if he does not treat the contract as subsisting [(1953) 1 SCC 234]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on personal bars to relief in specific performance of contract.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Wireline logging and perforation for drilling oil well deserves classification under mining services and not TTA services under Finance Act, 1994: CESTAT

“The services like wireline logging, perforation and other wireline related services involving mechanical jobs which were undertaken by appellant at the time of drilling an oil well are integrally connected with the mining of oil or gas and have a direct nexus with the drilling of a well.”

Case Briefs High Courts

‘Mere mockery of the principles of natural justice and fair play’; Delhi High Court sets aside order expelling JNU student in 2011

“The opportunity to the petitioner to file a reply to the show cause notice was therefore a mere eye wash, and nothing more.”

Case Briefs High Courts

‘Welfare of child is of supreme consideration’: Chhattisgarh HC grants custody of minor daughter to father who expressed her fear of getting beaten by mother

“While fair and temperate criticism of the Court, may not be actionable, but attributing improper motives or tending to bring Judges or Courts into hatred and contempt or obstructing directly or indirectly with the functioning of Courts is serious contempt of which notice will be taken.”

Case Briefs High Courts

‘Seeking bail on ground that no loss caused to Government is meaningless’: Punjab & Haryana HC refuses to grant anticipatory bail to estate officer accused under PC Act

“Another reason which points towards the petitioner’s misconduct is that he was aware of the pendency of the writ petitions and other civil proceedings and quietly ignored all such while issuance of provisional allotment.”

Case Briefs High Courts

‘Falls within domain of executive and legislature’: Delhi HC rejects PIL seeking to constitute High-Powered Committee to look into complete affairs of all co-operative banks

“Petitioner states that the main reason behind the impropriety in the management of these banks is that the Co-operative banks are under dual control of RBI and Registrar of Co-operative Societies.”

Case Briefs High Courts

‘Order not so perverse to shock the conscience of Court’; Delhi HC dismisses petition challenging award passed by arbitrator

“A perusal of the impugned order shows that the arbitrator has yet not fully closed the issue and has decided to adjudicate on the issue after evidence is led on the same issue.”

Case Briefs High Courts

In absence of any statutory provision, seniority must be counted from the date of appointment: Himachal Pradesh High Court

“If appellants wanted the seniority of respondent to be counted from a date of joining, then nothing prevented them from mentioning similar condition as was fixed regarding the pay and allowances with respect to seniority also.”

Case Briefs High Courts

If there is apprehension of arrest even after issuance of notice u/s 41A of CrPC, it cannot be said that anticipatory bail is not maintainable: Andhra Pradesh HC

“Petitioner submitted that, he is aged about fifty-eight years and has undergone several surgeries including a stunt to his heart.”