Editor_4, Author at SCC Times

Allahabad HC grants bail to a man accused of rape; pulls up investigating officer for ‘poor quality’ of investigation

‘The D.G.P., U.P., Lucknow is directed to file affidavit enclosing the circulars related to the accountability of the Investigating Officer, Supervising Officer, Monitoring Officer and other higher officials, by the next date of listing’

Case Briefs High Courts

[Land Acquisition] Bombay HC directs Municipal Corporation to follow MRTP Act to acquire church’s land reserved for public purposes

The Court stated that until the Municipal Corporation resorted to appropriate procedure in law to acquire the disputed land, it should not disturb the peaceful possession of the Church in any manner whatsoever.

Case Briefs High Courts

[Organised Crime Syndicate] | Bombay HC upholds Trial Court’s order convicting construction contractor under MCOCA

The Court referred to Govind Sakharam Ubhe v. State of Maharashtra, 2009 SCC OnLine Bom 770, wherein it was held that the charge under MCOCA ropes in a person who as a member of the syndicate commits organised crime either individually or jointly.

Case Briefs High Courts

Punjab and Haryana HC allows student accused in murder case to appear for LLM Exams for being an outstanding and meritorious student

The Court stated that if petitioner is not permitted to give the exams, it will cause irreparable loss to the petitioner, as he will not be able to complete his LLM and the same will jeopardize his future.

Case Briefs High Courts

Orissa HC upholds Forest Rangers’ promotion who were promoted through reservation under OFS Group A (JB), 2013

“Denial of consideration of the cases of the appellants, who had completed five years of continuous service in the rank of OFS Group-A (JB) for their promotion in the rank of OFS Group-A (Senior), would amount to nullifying their promotions to the rank of OFS Group-A (JB) from the post of Forest Rangers, without following due procedure.”

Case Briefs High Courts

‘Barred by delay and laches’; Delhi High Court dismisses petition challenging tender award passed by Indian Oil Corporation

The Delhi High Court said that the issuance of a commitment letter does not make the issuer a ‘bidder’ in the tender process.

Case Briefs High Courts

Writ Court may award compensation on account of breach of public duty, in addition to claim under civil action based on tort: Punjab and Haryana HC

The Court awarded an interim compensation amounting 5 lakhs rupees to the petitioner on account of death of the petitioner son due to contributory negligence by the petitioner and the respondent-department.

Hot Off The Press News

[Pune Porsche Accident Case] Bombay HC directs release of the accused minor; Directs continuation of Juvenile Justice Board-ordered psychological counselling

The High Court quashed the order of the Juvenile Justice Board remanding the accused minor to an Observation Home.

Legislation Updates Rules & Regulations

Centre notifies the Public Examinations (Prevention of Unfair Means) Rules, 2024

The Rules have been made to supplement the Public Examinations (Prevention of Unfair Means) Act, 2024 which aims to curb malpractices in public examinations.

Legislation Updates Rules & Regulations

Ministry of Social Justice and Empowerment modifies ‘Rules for Accessibility’ vide Rights of Persons with Disabilities (Amendment) Rules, 2024

The Ministry of Social Justice and Empowerment notified the Rights of Persons with Disabilities (Amendment) Rules, 2024

Case Briefs High Courts

[Delhi Excise Liquor Policy] Delhi HC stays Trial Court’s order granting bail to Delhi Chief Minister Arvind Kejriwal

The Court stayed the bail granted to Kejriwal by the Trial Court on 20-06-2024, on the ground that the averments of ED and relevant materials were not appropriately appreciated.

Case Briefs High Courts

Can mandate of arbitral tribunal be extended u/s 29A of the Arbitration Act, even after expiry of such mandate? Delhi HC answers

Section 29A of the Arbitration and Conciliation Act, 1996, empowers Courts to extend mandate of arbitral tribunals beyond the specified limitation.

Case Briefs High Courts

Bombay HC acquits four gang members convicted of murdering and attempting to murder rival gang members

The Court held that the benefit of reasonable doubt shall be given to the appellants and therefore partly allowed both the appeals, by acquitting them under Section 302 of IPC, and releasing the incarcerated appellants sentenced under Section 307 of IPC, for having served the ordered sentence period.

Case Briefs High Courts

Delhi HC restrains South Infosys Limited from using mark ‘INFOSYS’ in its corporate/trade name

The Court restrained Southern Infosys Limited from using the mark ‘INFOSYS’ as part of their corporate/trade name or in any other manner amounting to infringement of the Plaintiff’s trademarks.

Legislation Updates Notifications

Certain provisions of Telecommunications Act, 2023, notified

The Telecommunications Act, 2023 aims to replace the 138-year-old Indian Telegraph Act, 1885.

New releases News

‘The Memorandum’s intent appears to be protectionist’: The Arbitration Bar of India requests Ministry of Finance to withdraw memorandum on arbitration

“This Memorandum comes at a time when the world is looking to India to provide leadership in all spheres; more so given its economic heft. Instead of charting a path of growth by allowing businesses to realize their full potential, this Memorandum will potentially inhibit investment.”

Legislation Updates Rules & Regulations

Central Government notifies Boiler (Inquiry, Adjudication and Appeal) Rules, 2024

These Rules have been made to supplement the procedure of complaints, inquiry, adjudication, and appeal regarding the penalties of the Boilers Act, 1923.

Legislation Updates Notifications

53rd GST Council Meeting | Aadhaar-Based Biometric Authentication to roll out; Railways and Hostels remains exempted from GST

Read all the recommendations and updates on the 53rd GST Council Meeting held on 22-06-2024, under the Chairmanship of Nirmala Sitharaman, Union Minister for Finance and Corporate Affairs.

Case Briefs High Courts

Bombay HC discontinues ex-parte injunction granted to ATYATI against alleged device mark infringement by COGNIZANT

The Court opined that had the plaintiff disclosed the facts, about the knowledge of the date of usage of the logo, then the ad interim relief without notice would not have been granted to the plaintiff. Even otherwise, the Court opined that the plaintiff had suppressed the material facts.

Case Briefs High Courts

‘Enough grounds to demonstrate that urgent relief was contemplated’; Bombay HC dismisses application seeking rejection of plaint on non-compliance of S.12A of Commercial Courts Act

“If the plaintiff is found to have indulged in deception or falsity by use of clever drafting, only to create an illusion of urgent interim belief, the Court would insist upon compliance with the mandatory requirement of pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015.”