Editor_4, Author at SCC Times

Provisions for ‘market abuse’ and ‘mechanism for identification of market abuse’, introduced vide SEBI (Mutual Funds) (Second Amendment) Regulations, 2024

Apart from provisions for market abuse, the 2024 Amendment Regulations also direct asset management companies to establish a whistle-blower policy which must provide a confidential channel to raise concerns about fraud, unfair practices, etc.

Case Briefs High Courts

Read why Bombay HC changed husband’s conviction u/S. 307 to S. 308 for forcibly poisoning wife amidst a quarrel

“There was no premeditation, no pre-planning and no design on the part of the convict, in such a case, if that act had led to the death of the victim, it would not have been murder, but only the culpable homicide, not amounting to murder”.

Case Briefs High Courts

Delhi HC directs X (Twitter), Meta, and Google LLC to delete URLs containing posts/videos regarding dead centipede in ‘Amul’ vanilla ice cream tub

GCMMF has been given liberty by the Court to intimate all three platforms of any other URL containing the impugned post/video apart from the ones enlisted in the plaint, which would have to be deleted by them within 36 hours.

Case Briefs High Courts

Bombay HC quashes FIR and chargesheet against members of WhatsApp group chat accused of outraging religious feelings

“Now-a-days people have become more sensitive about their religions may be than before and everybody wants to impress as to how his religion/God is supreme. Everybody should respect the religion, caste, creed etc. of another. But at the same time, if the person says that his religion is supreme, then the other person may not immediately react. There are ways and means to react on such sensitive issues.”

Case Briefs High Courts

‘X (Twitter) neither performs public function nor discharges public duty’; Delhi HC holds petition filed against suspension of ‘X’ account ‘not maintainable’

The Court opined that the proper venue for addressing a breach, such as the one in the present matter, would be the civil courts where contractual disputes are adjudicated.

Case Briefs High Courts

Know why Bombay HC issued directions for strict compliance with Government Circular for providing basic medical facilities at educational institutions

Bombay High Court noted that educational institutions in larger cities have a substantial strength of students and staff members, spending considerable number of hours away from their homes; and medical emergencies could occur due to commuting requirements and other diverse activities within the institution premises. Therefore, a structured approach and mandate of law is required to ensure a ready availability of basic medical facilities on the premises.

High Court Round Up Legal RoundUp

HIGH COURT JULY 2024 WEEKLY ROUNDUP| Stories on Arijit Singh, M.K. Stalin, Nagarik Suraksha Sanhita, right to be forgotten, and more

Have a quick look at what the High Courts across the country adjudicated on through this week.

Case Briefs High Courts

Delhi High Court grants bail to co-accused in murder case who purchased mobile and SIM card with a fake Aadhaar

The SIM card purchased by the co-accused after the alleged murder was used to misguide the investigation of the case and the family members of the deceased girl.

Legislation Updates Notifications

Intellectual Property laws decriminalized and amended vide Jan Vishwas (Amendment of Provisions) Act, 2023 w.e.f. 01-08-2024

The amendments mentioned in the Schedule to the Jan Vishwas (Amendment of Provisions) Act, 2023 have either decriminalized, omitted, or revised the penalties for certain offences in Intellectual Property laws.

Case Briefs High Courts

‘Mere familial relation with accused under PMLA is not grounds for denying security clearance u/S. 7A (1)(d) of Citizenship Act, 1955’: Delhi High Court

Decisions along with the speaking orders passed by the Foreigners Regional Registration Office to reject the OCI applications of the Russian nationals were quashed.

Legal RoundUp Topic-wise Roundup

Criminal Law Roundup July 2024 | Updates on cases related to quashing of proceedings, wrongful detention, bail, and more

Read July’s share of criminal law discussions at the Supreme Court and various High Courts

Case Briefs High Courts

Prohibition of Child Marriage Act will supersede Muslim Personal Law; every Indian a citizen first, religion comes later: Kerala HC

“The Prohibition of Child Marriage Act, 2006 prohibits child marriage, it supersedes the Muslim personal law, and every citizen of this country is subject to the law of the land, which is Act 2006, irrespective of his or her religion”

Case Briefs High Courts

‘UIDAI can be directed to disclose data in sealed cover in exceptional Habeas Corpus cases without prior hearing’: Delhi High Court

The Delhi Police was directed to file an updated status report of the missing woman based on updated Aadhar card information.

Case Briefs High Courts

‘FIR was filed with an ulterior motive of wreaking vengeance on the husband’s family’: Bombay HC quashes woman’s FIR against in-laws alleging cruelty

The instant FIR was nothing, but a shot fired by the husband from his wife’s shoulders to espouse his own interest in the father’s property.

Legislation Updates Rules & Regulations

SEBI updates method of ‘Disclosure of Shareholding’ vide Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2024

The 2024 Regulations have amended various provisions of the 2018 Regulations including provisions for disclosure of shareholding patterns and the constitution of Core Settlement Guarantee Fund Committee.

Hot Off The Press News

[Krishna Janmabhoomi-Shahi Eidgah Mosque dispute] Allahabad HC dismisses plea by mosque committee challenging maintainability of suits filed by Hindu parties

“On an earlier occasion, the suit was dismissed by the Civil Court on the ground of bar on admitting under the Places of Worship (Special Provisions) Act, 1991. However, this was overturned after an appeal before the Mathura District Court.”

Case Briefs High Courts

Whether a petition can be rejected in part upon an application being moved under Order 7 Rule 11 of the CPC? Delhi HC answers

“The Court said the Family Court judge was correct in holding that divorce petition could not be rejected merely because a part of the cause of action was not viable in law if the Court otherwise had jurisdiction to entertain the action, and therefore, the application under Order 7 Rule 11 was not sustainable.”

Case Briefs High Courts

‘Section 34 of Arbitration Act cannot be used as tool for reappreciation of facts’: Delhi HC

“Section 34, quite apart from its classically limited scope, is certainly not intended to be used as a tool for a litigant to desist from participating in the arbitral proceedings, despite being fully aware thereof, and, thereafter, seek a second bite at the arbitral cherry.”

Case Briefs High Courts

‘Offence under S. 354A of IPC is gender specific and only a man can be prosecuted under the same’; Calcutta HC quashes sexual harassment case against female accused

It was said that since all sub-sections of Section 354A of IPC start with the words ‘a man’, a female accused would not be covered under this Section.

Case Briefs High Courts

Bombay HC refuses to quash FIR against Director of International Pharma Trader Co. for non-compliance with NDPS provisions

The Export Promotion Council of India is merely a facilitator in promoting exports of pharmaceutical products, and the RMCC is a facilitator for the Customs officials in the enhancement of security; the non-provision of the Notification by them was not a justification for the applicant’s non-compliance.