Apoorva, Author at SCC Times

Madras HC sets aside Controller’s order rejecting patent application of Microsoft Tech. claiming invention titled ‘Message Communication of Sensor and other Data’

Madras High Court said that the Controller is correct in stating that both the cited prior art and the claimed invention provide for the transmission of sensor data to a subscribing application, but the difference lies in how such data is transmitted.

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT allows Vodafone’s claim of depreciation on goodwill acquired pursuant to slump sale acquisition of Call Centre Business from VEGL

ITAT noted that Parliament had taken due note that the Supreme Court had held that the goodwill arising on business reorganization i.e. amalgamation, slump sales, demerger etc. is a depreciable intangible asset under Section 32 of the Act.

Case Briefs Supreme Court

Timelines in renewable energy sector ensure early supply of green energy and reduction of carbon footprint: SC directs SECI to recover bank guarantee

Supreme Court added that if the payment of Rs.10 crores along with interest as directed, is not refunded within six months from the date of this order, SECI will be entitled to recover Rs. 10 crores plus interest as per the provisions of the Electricity Act, 2003.

Case Briefs Supreme Court

NCDRC cannot rewrite terms & conditions of contract and apply its own subjective criteria: SC directs builder to refund deposited amount to buyer for delayed possession

Supreme Court said that once the parties committed themselves to a written contract, whereby they reduced the terms and conditions agreed upon by them to writing, the same would be binding upon them.

Case Briefs Supreme Court

Supreme Court grants bail to NDPS accused in custody for more than a year

Supreme Court directed the accused to report to the local Police Station twice in a month, and directed his passport to be deposited with the Investigating Officer /with the Court concerned

High Court Round Up Legal RoundUp

High Court Roundup February 2024 | Stories on Vyas ji Tehkhana; Ram Ki Janmabhoomi film; West Bengal Dental Council’s Election; SEBI’s Exit Policy; Freedom Fighters Pension; and more

A quick legal roundup to cover important stories from all High Courts in February 2024

Case Briefs Supreme Court

Supreme Court directs setting up of fresh Selection Board for granting Permanent Commission to woman SSC Officer in Indian Navy

Supreme Court said that if a proportional increase in the vacancies is required to be created to accommodate the petitioner, then this should be carried out without creating any precedent for the future.

Case Briefs High Courts

Facilitation Council does not have jurisdiction to entertain dispute arising out of services not registered under MSMED Act: Allahabad HC

Allahabad High Court said that the term ‘condition and the specification of the cold storage’ together with the definition clauses constitute the cold storage services and, therefore, cold storage services have been properly structured under the U.P. Enactment read with modified subordinate legislation of Uttar Pradesh.

Case Briefs High Courts

[Cash-for-job scam] Madras HC refuses to grant bail to former TN Minister Senthil Balaji in money laundering case

Senthil Balaji was arrested and remanded to judicial custody on 14-06-2023 for an alleged offence under Section 3 of PMLA.

Case Briefs Supreme Court

Supreme Court upholds Madras HC order directing demolition of illegally constructed Mosque and Madrasa in Koyambedu

In 2023, Madras High Court had held that the mosque was illegally constructed without any building sanction plan.

Case Briefs High Courts

[Mogappair Eri Scheme] Madras HC sets aside discharge of Tamil Nadu Rural Development Minister I.Periyasamy in corruption case

The legitimacy of the administration of criminal justice will be eroded, and public confidence shaken if MLA’s and Ministers facing corruption cases can short-circuit criminal trials by adopting the modus operandi that has been carried out in this case.

Case Briefs Supreme Court

Supreme Court upholds KPSC Recruitment Notification for Home Science Lecturers Post; criticizes HC’s erroneous approach

“Service jurisprudence must begin and end with rules that govern the process of qualification, recruitment, selection, appointment and conditions of service.”

Case Briefs High Courts

Allahabad HC rejects Masjid Committee’s plea against order permitting Hindus to pray in Vyas ji tehkhana inside Gyanvapi Mosque

“Article 25 of the Constitution of India grants freedom of religion. The Vyas family who continued performance of religious worship and rituals in the cellar could not be denied access by oral order. A citizen right guaranteed under Article 25 cannot be taken away by arbitrary action of State”

Case Briefs Supreme Court

Custodian for enemy property in India does not acquire ownership of property, only acts as trustee for management and administration: Supreme Court

Supreme Court directed that any demand for payment of taxes under the UP Municipal Corporation Adhiniyam, 1959 made and thereby paid by the respondent to Municipal Corporation shall not be refunded.

Case Briefs Supreme Court

Can prospective resignation be withdrawn at any time before it becomes effective? Supreme Court answers

Supreme Court: In an appeal against the judgment passed by Bombay High Court, whereby the Court dismissed the appeal preferred by the

Case Briefs High Courts

Allahabad HC grants relief to Syed Wasim Rizvi for writing derogatory remarks against ‘adorable personalities’ of Sunni Sect in Ram Ki Janmabhoomi film

Syed Waseem Rizvi was former Uttar Pradesh Shia Central Waqf Board chairman has renounced Islam and converted to Hinduism. He has taken a new name, Jitendra Narayan Singh Tyagi after accepting Hinduism

Case Briefs Supreme Court

Supreme Court acquits convict in a 42-year-old murder case

“Any lingering doubt about the involvement of an accused in the crime he is accused of committing, must weigh on the mind of the court and in such a situation, the benefit of doubt must be given to the accused.”

Case Briefs High Courts

Madras HC directs State to grant permission to lawyer to conduct an indefinite fasting demanding use of Tamil language in High Court

Madras High Court directed the petitioner to give an undertaking that he would not initiate violence while organising meetings in connection with his indefinite fasting and he should co-operate with the police to ensure law and order

Case Briefs High Courts

Madras HC permits State to conduct Formula 4 Race in Chennai Racing Circuit with highest degree of public safety

Formula 4 (F4) Indian Championship is a motorsport series of races in India sponsored by Racing Promotions Private Limited in collaboration with the State Governments. The F4 Indian Championship – Indian Racing League is being conducted in India for the first time in the year 2023 The drivers from across the world such as, UK, Switzerland, Australia, Malaysia and South Africa, are expected to participate in this event.

Case Briefs High Courts

Allahabad HC refuses to quash criminal case against AIMIM leader for allegedly trying to enter in a Mosque located inside the Police Lines premises to offer namaz

Allahabad High Court directed the Superintendent of Police, Pratapgarh to ensure that the further investigation of the case in question be completed as early as possible and to submit a report before the Court concerned.