Editor_4, Author at SCC Times

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Analysing SEBI’s Proposals to the Disclosure Framework

by Samiksha Maskara†

High Court Round Up Legal RoundUp

HIGH COURT MAY 2023 WEEKLY ROUNDUP| Stories on relief to Delhi L-G Vinai Kumar Saxena; Blenders Pride Trade Mark; Unni Mukundan sexual harassment case; bail to Vikas Malu and more

A quick legal roundup to cover important stories from all High Courts this week.

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Restriction on Layering of Companies: Should We Go Back to the Drawing Board?

by Prerana Priyanshu† and Jishan Dediwal††

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Using Proportionality as a Tool for Tidying the Vicissitudes of Exclusionary Clauses

by Balram Pandey∗

Case Briefs High Courts

Invocation of power of Judicial review in proceedings under S. 9 of Arbitration Act would run afoul to principle that merits of termination of contract must essentially be determined by Arbitral Tribunal: Delhi HC

The Court also upheld the validity of the termination notice issued by the NHIDCL and refused to interfere with its actions against the construction company.

Case Briefs Supreme Court

[Mumbai E-Bus Tender] SC rejects TATA Motor’s plea; allows BEST to accept EVEY Trans Tender

“The Courts should not use a magnifying glass while scanning the tenders and make every small mistake appear like a big blunder. In fact, the courts must give ‘fair play in the joints’ to the government and public sector undertakings in matters of contract”.

contempt of court by indian based us resident

Case Briefs Supreme Court

SC holds NRI father guilty for contempt of Court as his misrepresentation before Foreign Court leads to dishonouring Principle of Comity of Courts

The contempt petition against the US resident was outcome of matrimonial dispute as he had committed breach of settlement orders and showed scant respect for the Court by defying the orders of the Court.

Case Briefs District Court

Delhi Court grants bail to accused alleged of cheating Indian Immigration within days of arrest

The accused was travelling from New York to India when his departure record for the year 2012 was found missing by the Immigration Department.

Case Briefs High Courts

Delhi High Court allows parties to nominate arbitrator upon Dispute Redressal Committee’s failure to settle dispute

The stipulations contained in Clause 25 of the Agreement must consequently be read down and understood to mean that at least one or more of the members of the Arbitral Tribunal must possess the qualifications as prescribed in Clause 25.

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Implementation of IP vis-à-vis IT Law and E-Commerce in India

by Nilanshu Shekhar† and Rishabh Manocha††

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G20 and Global Medical Device Policies — Assessing Risks and Opportunities

by Prattay Lodh†

Case Briefs High Courts

Departmental Proceedings cannot be continued after superannuation of employee unless provided under the Service Rules: Orissa HC reiterates

The Court said that even if the Departmental Proceeding was initiated prior to the superannuation of the delinquent employee, the same cannot be continued unless specifically provided under the Service Rules.

Know thy Judge

Know Thy Judge | Justice T. Raja, Acting Chief Justice of Madras High Court Retires

After serving the legal profession as an advocate for 21 years and as Judge of the Madras High Court for 14 years (including 8 months as Acting Chief Justice), Justice T. Raja retired on 24-05-2023.

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The Precedential Value of the Split Verdict in Rathi Steels

by Dormaan Jamshid Dalal†

Hot Off The Press News

Supreme Court invites bids to implement AI to transcribe arguments and proceedings

The bids have been invited from experienced firms for Design, Development and implementation of AI solutions, tools.

Case Briefs High Courts

Gujarat High Court grants interim relief to Delhi L-G Vinai Kumar Saxena in 2002 assault case

Lieutenant-Governor of Delhi was alleged of assaulting Narmada Bachao Andolan activist Medha Patkar.

Case Briefs Supreme Court

Rajasthan Civil Judge Recruitment| SC delivers Split verdict on considering candidature of OBC-EWS candidates despite belated submission of category certificates

Justice Ajay Rastogi and Bela M. Trivedi delivered their split verdicts while examining the challenge raised against the Judgment of Rajasthan High Court, dismissing the appeals of the qualified candidates of OBC, EWS category.

Case Briefs High Courts

Explained| Muslims can adopt a surrendered child, but must follow procedure in JJ (Care and Protection of Children) Act: Orissa HC

The Court held that while exercising the parens patriae jurisdiction for issuance of the writ of habeas corpus, the objections relating to territorial jurisdiction cannot have serious impact.

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Probing the Purpose Behind a Courtroom Practice

by Shubham Priyadarshi*

Case Briefs High Courts

Orissa HC orders ad-hoc promotion of Inspector to DSP rank during pendency of Disciplinary Proceedings

The Court noted that a review Departmental Proceedings Committee was held to consider the case of the petitioner for promotion and the decision was kept in sealed covers, pending disposal of Disciplinary Proceedings.