Editor_4, Author at SCC Times

Delhi High Court | When a prayer to appoint an Arbitrator has been heard and rejected, the same relief cannot be sought by filing a review petition

Mere expression “place of arbitration” cannot be the basis to determine the intention of the parties that they have intended that place as the “Seat of Arbitration”

Case Briefs High Courts

It is incumbent upon Assistant Commandant to uphold high level standard even to the point of sacrificing self; Meghalaya High Court rejects petition challenging order for compulsory retirement

The petitioner, being a highly intelligent and educated person and a medical officer at that, is expected to exhibit prudence, discipline and common sense in his attitude to life and work.

Case Briefs Supreme Court

Supreme Court accepts SEBI’s apology and drops contempt proceedings against it

In a matter relating to criminal proceedings against Reliance Industries, SEBI had failed to comply with the Supreme Court’s order directing it to furnish a copy of documents, leading to initiation of contempt proceedings against SEBI.

Case Briefs Foreign Courts

[Data Protection v. Right to Information] Google must de-reference/remove inaccurate data from search engine; ECJ rules

“A person’s image constitutes one of the chief attributes of his or her personality as it reveals the person’s unique characteristics and distinguishes the person from others. The right to the protection of one’s image is thus one of the essential components of personal development and mainly presupposes that person’s control over the use of that image, including the right to refuse publication of it.”

Case Briefs High Courts

Delhi High Court | Validity of adoption can neither be doubted nor questioned merely on an asserted ’possibility of irregularity’

If a failure on the part of a resident Indian be the cause for a child being made available for inter-country adoption, that cannot possibly be viewed as constituting a valid or cogent ground to either doubt the validity of the adoption or question the integrity of the adoption process.

Know thy Judge

Know Thy Newly Appointed Supreme Court Judge- Justice Dipankar Datta

Former Chief Justice of the Bombay High Court, Justice Dipankar Datta, was sworn in as a Supreme Court Judge. His appointment now raises the judicial strength of the Supreme Court to 28 out of total strength of 34 judges

Case Briefs High Courts

Delhi High Court | Test Identification Parade can be ordered even after the release of articles to the person who was in lawful custody of the articles

In this case, the Delhi High Court held that the right to investigation cannot be taken away from the investigating officer only because the conduct of Test Identification Parade (TIP) was ordered after the release of articles to the person who was in lawful custody of the articles.

Case Briefs High Courts

Delhi High Court | Challenge to the mandate of the arbitrator on the ground of bias and impartiality cannot be raised under Section 14 of the Arbitration and Conciliation Act, 1996

The Ministry of Petroleum and Natural Gas in the Union Government had instituted proceedings under Sections 14(2) read with Section 15(2) of the Arbitration and Conciliation Act, 1996 (Act) for a declaration that the majority of the members of the Arbitral Tribunal were de jure/de facto unable to discharge their functions and consequently their mandate stands terminated in terms of Section 14 of the Act.

Case Briefs High Courts

What is the legal validity of an unregistered agreement for adoption entered between biological parents of an unborn child and the adoptive parents? Karnataka HC answers

A curious case presented itself before the Karnataka HC wherein they deliberated over an agreement for adoption entered between the biological parents and adoptive parents, when the child was still unborn.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Armed Forces Tribunal | Once policy and rules were followed in matters of appointments in the Armed Forces, sympathy cannot be a substitute to grant benefit to a person

AFT held that there was no violation of principles of natural justice while discharging the applicant from service. Further, there is no place for generosity or misplaced sympathy on the part of the judicial forums particularly in the matter of recruitment and employment in a sensitive establishment like the Armed Forces.

Case Briefs High Courts

Delhi High Court stays release of movie ‘AJINOMOTO’ after Japanese spice maker claims trademark infringement

Considering that the movie was conceptualised and crafted metaphorically around a cooking ingredient that is closely related to its product, Ajinomoto Co Inc has claimed that any negative portrayal would be bound to seriously harm its reputation.

Case Briefs High Courts

No leniency to be shown to a person committing offence under POCSO Act; Gujarat High Court rejects bail plea

Gujarat High Court denied showing any leniency while deciding bail application of accused charged with offences under POCSO Act.

Case Briefs High Courts

Signboard of Bank of Baroda falling on the head of a passerby resulting in his death is negligence by the bank; Delhi High Court directs compensation to the deceased

A signboard coming off the façade of the building was a foreseeable event given the fact that Delhi experiences high-velocity winds, in May, each year.

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT| Hospitals providing medical facilities on a commercial basis are not charitable organisations; Not exempted from income tax

ITAT upheld the order of the CIT and said that the assessee had only provided treatment to a few patients at concessional rates, which was less than 1% of the revenue of the assessee. Thus, the activities of the assessee cannot be said to be charitable activities and it is not entitled for registration or approval under section 10(23C) or 12A of the Income Tax Act.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Tyre Cartelization Matter | NCLAT remanded matter back to CCI; asks to review fines to save domestic tyre industry

National Company Law Appellate Tribunal | In a landmark judgment related to cartelization activities of five major domestic tyre manufactures

Case Briefs High Courts

J&K and Ladakh HC directs Govt to constitute high-level Committee to enquire into JKSSB’s “brazen illegalities” in awarding tenders for conducting recruitment exams

In an elaborate legal analysis, along with scathing observations, the J&K and Ladakh HC stated that JKSSB's actions in favouring one blacklisted agency to conduct recruitment exams, have doomed the future of many aspirants and put a question mark over its own efficacy.

Cases Reported SCC Weekly

2022 SCC Vol. 10 Part 2

Arbitration and Conciliation Act, 1996 — Ss. 14(1)(a) and 2(1)(e) r/w Ss. 11(5) and 11(6) — Application seeking termination of

Case Briefs High Courts

Imprisonment before conviction is a sort of punishment especially when rate of conviction is low; Punjab & Haryana High Court grants bail to the accused

Punjab and Haryana High Court held that when the accused is coming forward to face trial and is undertaking to appear before Court, no prejudice will be caused to the prosecution or complainant in granting bail to the petitioner.

Case Briefs High Courts

First-year law student appears as proxy counsel before Trial Court; Delhi High Court quashes FIR but after cautioning law students from indulging in such acts

The Delhi High Court observed that a law student shall not represent a party or provide legal counsel in any legal proceeding before a court of law before being properly enrolled by a bar council and being admitted to the bar.

United States Court of Appeals (Seventh Circuit)

Case Briefs Foreign Courts

US Court of Appeals (7th Circuit) reverses bar on enforcement of Indiana law requiring abortion providers to dispose of foetal remains either by burial or cremation

The court has reversed the US District Court order that had barred the enforcement of a law passed by Southern District of Indiana, requiring the medical providers to dispose of foetal remains via burial or cremation instead of as “medical waste” stating that the law violated the First Amendment.