Editor_4, Author at SCC Times

‘Violative of Rule 3(vi) of Delhi High Court Video Conference Rules, 2021’; Delhi HC directs X, Meta, YouTube to remove audio/video recording of Arvind Kejriwal’s Court proceedings

Several members of Aam Aadmi Party including members of various other opposition parties made an audio and video recording of Court proceedings which had been circulated on various social media platforms.

Case Briefs High Courts

Delhi High Court appoints sole arbitrator despite clause specifying two arbitrators; Upholds parties’ intention to arbitrate

The Court noted Arbitration agreement specifying an even number of arbitrators cannot be a ground to render the arbitration agreement invalid. Appointed a sole arbitrator under Section 11(6) petition.

High Court Round Up Legal RoundUp

HIGH COURT JUNE 2024 WEEKLY ROUNDUP| Stories on West Bengal Post Poll Violence; Delhi Riots 2020; Delhi Excise Policy; and more

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

Legislation Updates Notifications

Reserve Bank of India imposes penalty of 1.45 Crore on Central Bank of India for non-compliance with directions

RBI imposed penalty on Central Bank of India for failing to comply with directions for Loans and Advances as well as Customer Protection.

Case Briefs High Courts

“Bar contained in S. 197, CrPC cannot be read into the provisions of a special legislation like SC/ST Atrocities Act”: Bombay HC

The Court held that no previous sanction as contemplated under S. 197 CrPC would be necessary for investigating and filing final report for offences under S. 509 IPC and S. 3 of the SC/ST Atrocities Act, except for the offences punishable under S. 506 IPC.

Case Briefs High Courts

[ICC T20 World Cup 2024] Delhi High Court grants dynamic + injunction to protect broadcast rights of Star India

The Delhi High Court said that the dynamic nature of the digital landscape necessitates that court orders are not static but evolve in tandem with technological advancements and challenges posed by the virtual domain.

Case Briefs High Courts

Delhi High Court grants one month to Faizyab Masjid and Madarsa in Hazrat Nizamuddin to vacate the premises for demolition

Delhi High Court made it clear that no further extension of time shall be granted with respect to the masjid and madarsa since the property is required for public purposes.

Case Briefs High Courts

Bombay HC disallows prosecution of alleged affiliates of a banned organisation for MCOCA charges due to delay in taking of cognizance by Trial Court

The Court noted that cognizance of the offence was not taken by the Trial Court as stipulated by Section 2(d) of the MCOCA, therefore, the accused persons could not be prosecuted on the charges of S. 3 MCOCA.

Case Briefs High Courts

Delhi High Court directs stakeholder meeting to review purified drinking water facilities at Delhi University

It is imperative that a meeting be convened amongst all the stakeholders, i.e., Dean Student’s Welfare, Delhi University, Dean Faculty of Law and others to assess the facilities provided to the students with regard to the water coolers/provision for purified drinking water as well as the other infrastructural facilities including the availability of Wi-Fi services.

Case Briefs High Courts

Mere sending notice u/s 21 of Arbitration Act not sufficient; receipt of notice is prerequisite for commencement of proceedings: Delhi HC

In the present case, the notice has not been sent to the complete address which results in incomplete service of notice.

Case Briefs High Courts

Delhi High Court rejects ISIS convict’s plea for concurrent sentencing based on principle of same transaction and totality of sentence

The Delhi High Court said that the impact of terrorist activities on society is profound and far-reaching, as these crimes can sow fear and insecurity among communities, as well as disrupt social harmony.

Case Briefs High Courts

Gujarat HC denies bail to Space Applications Centre’s employee accused of sharing sensitive information with woman in Pakistan

“Files / images which were forwarded by the applicant to a lady, who was stationed in Pakistan, were related to the Space Applications Centre, ISRO, Ahmedabad and these images were taken by the applicant without any authorization.”

Case Briefs High Courts

Gujarat HC stays release of the movie ‘Maharaj’ on Netflix, featuring Amir Khan’s son, Junaid Khan

The film is based on the Maharaj Libel Case of 1862 rendered by English Judges and allegedly contains scandalous and defamatory language, which affects the Pustimargi sect as a whole.

Case Briefs High Courts

Non-Disclosure of petition cannot be termed as egregious fraud: Delhi High Court sets aside Commercial Court order for lack of merit-based analysis

The non-disclosure of the petition under Section 9 of the A&C Act in another matter cannot be termed as a case of egregious fraud, which would disentitle the appellant from pursuing its petition under Section 9 of the A&C Act

Hot Off The Press News

Bombay High Court stays release of “Shaadi ke Director Karan aur Johar” over use of Karan Johar’s name

The impugned film is set to be released on 14-06-2024.

Case Briefs High Courts

Can arbitration proceedings act as a bar for proceedings under Section 7 of the IBC? Delhi HC answers

“Section 7 of the Insolvency and Bankruptcy Code, 2016 states a financial creditor, either by itself or jointly, with other financial creditors, or any other person on behalf of the financial creditor, may file an application for initiating corporate insolvency resolution process against a corporate debtor before the Adjudicating Authority when a default has occurred.”

Case Briefs High Courts

Punjab & Haryana HC impose Rs. 50k cost on Haryana Govt; highlights routine practice of not releasing payment due to contractors

The Court expressed its anguish and concern towards the act and conduct of the respondents in unreasonably withholding the legitimate and admissible dues of the contractors.

Case Briefs High Courts

Parental love or concern cannot interfere with an individual’s right to choose whom they wish to marry: Kerala HC

Kerala High Court noted that the woman is well-employed at NATPAC, Thiruvananthapuram, and is about 27 years old

Case Briefs High Courts

[Comprehensive Policy or Act Policy] | “No premium was paid to cover a gratuitous passenger”; Sikkim HC upholds compensation granted by MACT as per an Act Policy

The Court referred to National Insurance Co. Ltd v. Balakrishnan, wherein the Supreme Court had distinguished between a Comprehensive/Package Policy and Act Policy by stating that an Act Policy cannot cover a third-party risk of an occupant in a car, but a Comprehensive/Package Policy would cover such risk.

Case Briefs High Courts

‘Dishonour of invalid cheque cannot attract liability u/s 138 of NI Act’; Allahabad HC holds Allahabad Bank cheques to be invalid post 30-09-2021

“From the perusal of Section 138 N.I. Act, it is clear that if any invalid cheque is presented before the Bank and the same was dishonoured, then no liability under Section 138 of NI Act would be attracted, and the cheque of Allahabad Bank is invalid after 30-09-2021 after merging the Allahabad Bank into the Indian Bank on 01-04-2020.”