Editor_4, Author at SCC Times

“Once a statute provides for detention under specific contingency, a person can’t be detained under another contingency”: J&K and Ladakh HC

The Court pointed out that the petitioner could have been detained only under Section 8 (1)(a-1) of the PSA and not under Section 8(1)(a) of the PSA, as both the clauses (a) and (a-1) operate in different fields

Case Briefs High Courts

[PM Modi Fake Video Case] Delhi Court declares arrest of Congress Social Media Coordinator Illegal; Grants Bail

The Delhi Court found that no proper notice under Section 41A of the Code of Criminal Procedure was served upon the accused.

Case Briefs High Courts

Bombay HC transfers attempt to murder case from Pune Police to CID in the interests of proper investigation and complete justice

The Court reiterated that “investigation is the exclusive privilege and prerogative of the police which cannot be interfered with. But if the police does not perform its statutory duty in accordance with law or is remiss in the performance of its duty, the court cannot abdicate its duties on the precocious plea that investigation is the exclusive prerogative of the police.”

Case Briefs High Courts

Calcutta High Court approves settlement between Dabur and Dhruv Rathee to remove all references to ‘Real’ juices in YouTube video

The Calcutta High Court, in a previous order, requested the parties to consider resolving the dispute by blurring out or removing fruit juice packets deceptively similar to Dabur’s ‘Real’ fruit juice from the impugned video.

Hot Off The Press News

[Delhi Excise Liquor Policy] Delhi HC reserves order on Arvind Kejwiral’s bail; Stays operation of Trial Court’s order granting bail

The order has been reserved for a detailed order in the matter, which will be pronounced in two to three days.

Case Briefs High Courts

Allahabad HC quashes criminal proceedings against all 28 accused of violating Covid guidelines and chanting anti-police slogans while holding candle march in 2021

“Though the charge sheet is filed after due investigation without prior permission of the Court and that the Magistrate has accepted the charge sheet and taken the cognizance, it does not mean that permission is granted by the Magistrate to investigate such non-cognizable offence.”

Case Briefs High Courts

‘Hajis can only be provided services by registered operator’; Delhi HC upholds blacklisting of AL Islam Tours to operate as Haj Group Operator

The Court stated that the appellant ought not to have engaged itself in any kind of activity related to Haj (including ancillary services) without being registered as a Haj Group Operator.

Case Briefs High Courts

Gauhati HC holds bar to remarriage not applicable in case of delay in filing appeal against divorce decree

Gauhati High Court holds statutory bar to remarry u/s 15 HMA cannot be extended by filing application seeking condonation of delay to challenge the divorce decree.

Case Briefs High Courts

Delhi High Court rejects defamation suits by Indian Foreign Service officer against Hindustan Times

The Delhi High Court said that the Press has now assumed the role of public educator making formal and informal education possible on a large scale, particularly in the developing world.

Case Briefs High Courts

Delhi High Court directs Government to decide plea for conducting door-to-door survey for collection of senior citizen data

The Delhi High Court directed the petition to be treated as a representation to the Chief Secretary, Government, State (NCT of Delhi).

Case Briefs High Courts

‘Passing the buck and not addressing the queries raised’; Delhi HC directs tendering authorities and GeM Portal to address bidders’ query

“The petitioner having participated in the impugned tender process is entitled to know the reasons for the disqualification of its bid and not providing these answers is contrary to the requirement of transparency.”

Law made Easy

Indian Nationales abroad: Understanding the differences between NRIs, OCIs and PIOs

To bring the “Indians” abroad closer to home, the Government of India offers different kinds of statuses, which are known as NRIs, OCIs and PIOs.

Case Briefs High Courts

Delhi High Court denies suspension of sentence of Kuldeep Singh Senger in Custodial Death Case of Unnao Rape victim’s father

The Delhi High Court stated that the period of sentence served by a convict is only one of the several factors that are to be taken into consideration while adjudicating an application seeking suspension of sentence.

Case Briefs High Courts

Magistrates should specify whether maintenance is ordered under CrPC or HAMA while dealing with Domestic Violence matters: Kerala HC

“For the reason that the parties are Hindus, one cannot assume that the order of maintenance is in recognition of the right under HAMA, for, Section 125 CrPC is secular and applicable to all.”

Case Briefs High Courts

Delhi HC grants Rajat Sharma interim injunction against defaming video and tweets by members of All India Congress

“A thin line of distinction exists between defamation and public criticism and an onerous task lies with the Courts to maintain this delicate balance between the competing claims and rights.”

Case Briefs High Courts

‘Process for redressal of grievances for refund of amount already initiated through arbitration’; Delhi HC refuses relief under Section 9 of the Arbitration and Conciliation Act, 1996

The Delhi High Court said that the petitioner had no prima facie right, title, and interest in the allotted units, and a case was not made out to restrain the respondents from creating any third-party interest.

Case Briefs High Courts

Wife in vegetative state aggrieved by reduction of medical maintenance amount; Bombay HC directs Appellate Court to decide the matter expeditiously

The Court found the order of the Appellate Court was completely bereft of any findings or reasoning for reducing the maintenance amount, and that the Appellate Court could not have reduced the amount of maintenance once having rejected the Application for stay.

Case Briefs High Courts

Can an offence under S. 498A IPC committed outside India, be tried before Indian Courts? Kerala HC answers

“If any part of the offence or even one instance of the overt act is committed in India, the sanction under Section 188 CrPC is not required”

Case Briefs High Courts

Bombay HC acquits man convicted of murdering wife and infant son in view of the inconsistent testimonies given by the prosecution’s star witnesses

The Court emphasised on the settled position that when two views are possible to a case, then the one that is favours the accused must be adopted.

Case Briefs High Courts

‘No interim injunction for appeal filed at eleventh hour’; Delhi High Court dismisses application challenging “Yakshini” video adaptation by Disney+Hotstar

The Court dismissed an application for granting interim injunction as similarity of name cannot be the sole criteria, especially because it was a mythological character on which admittedly various works, movies and books are already available.