Arunima, Author at SCC Times

Delhi High Court issues directions for Trial Court while passing bail orders; Condemns use of derogatory language in legal pleadings

Use of inappropriate and derogatory language, undermining the dignity of individuals, based on their gender, falls beyond the permissible bounds of language expected in legal pleadings.

Case Briefs High Courts

Bombay High Court rules on the locus standi of Gaushala, custodian of seized cattle under Prevention of Cruelty to Animals Act, 1960

The FIR was lodged under Sections 11(1) and 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960 because 19 buffaloes were found being transported in a truck in a cruel manner.

Case Briefs High Courts

Purpose of FEO Act cannot be bypassed by taking recourse to CrPC; Bombay High Court refuses relief to Mehul Choksi

The purpose of Fugitive Economic Offenders Act is to provide for measures to deter fugitive economic offenders from evading the process of law in India by staying outside the jurisdiction of Indian courts, to preserve the sanctity of the rule of law in India and for matters connected therewith or incidental thereto.

Case Briefs High Courts

Delhi High Court reduces maintenance expense of husband given to wife on principles of equity

There is no dispute to the legal position that the spouse is liable to maintain the other spouse and children, however, equity shall be maintained only if one is directed to pay interim maintenance to his/her capacity.

Case Briefs High Courts

Delhi High Court denies bail to alleged terrorist on conditions under Section 43D (5) UAPA being satisfied

There is a reasonable possibility that the appellant was one of the links in the network of people who were cognizant of the plan to trigger terrorist activity by using such bombs and explosives and causing loss of life.

Case Briefs High Courts

Delhi High Court: Mere inadvertent mentioning or non-mentioning of surname in caste certificate cannot be labeled as impersonation or furnishing of false information

In case of an alleged mismatch of details of the candidate during document verification, the caste certificate ought to be read in conjunction with other documents.

Case Briefs High Courts

Overloading includes “unauthorised use of electricity” under Electricity Act; Delhi High Court reiterates

In Southern Electricity Supply Co. of Orissa Ltd. v. Sri Seetaram Rice Mill, (2012) 2 SCC 108, Supreme Court held that where a consumer has used excessive load as against the installed load simpliciter and there is violation of the terms and conditions of supply, then, the case would fall under Section 126 of Electricity Act, 2003.

Case Briefs High Courts

Bombay High Court restrains enforcing anti-suit permanent injunction order passed by Singapore High Court; Applied three-pronged test

At this juncture, examining whether the petition filed before the NCLT can be said to be a ‘dressed-up’ petition, would necessarily require a detailed exercise to be carried out by this Court to render findings either way clearly impinging upon the exclusive jurisdiction of the NCLT in deciding such a question.

Case Briefs High Courts

A frivolous PIL wasting precious judicial time; Delhi High Court dismisses PIL highlighting issues regarding use of EVs in India

The present PIL was filed by the petitioner based on two news reports, had there been some due diligence exercised and research done on the part of the petitioner, it would have been apparent that the issues raised by the petitioner in the instant PIL had already been addressed through relevant statutes, rules and notifications.

Case Briefs High Courts

Delhi High Court| Fit case for adjudicating whether UPSC can be directed to release Answer Key for UPSC Prelims, 2023 before Final Results

In the instant case, since the candidates are merely asking for the disclosure of the answer key, the same stands on a different footing altogether than the recruitment in the context of Article 323A of the Constitution.

Case Briefs High Courts

Delhi High Court deprecates children being used as an instrument in matrimonial disputes; Directs lawyer husband to do 10 pro bono cases

Delhi High Court mentioned that children born from the wedlock will be free to pursue their legal rights in accordance with the law. The parties have entered a settlement only regarding their rights and titles leaving open the the rights, titles, and interests of the children to pursue their legal remedies as per law.

Case Briefs High Courts

Delhi High Court exempts 75-year-old accused of sexual assault from physical appearance; Directs counsel to appear physically

The courts should strive to strike a balance between the rights of accused and the practicalities of the legal process. In cases, if the trial can proceed effectively with the accused remaining present before the court through alternative means, the court should be flexible in considering prayers made to this effect by the accused.

Case Briefs High Courts

[Gender Neutrality] Delhi High Court sets aside order discharging female accused persons without any reasonable basis

Writing a judicial order in a careless fashion and making presumptions based on gender does not reflect well on the judicial philosophy of treating all genders equally. Any presumption based on gender has no place within our justice delivery system unless provided by law.

Case Briefs High Courts

[O 26 Rule 10A CPC] Delhi High Court appoints IIT Mumbai as Expert Committee for scientific examination at NBCC Green View project

The Law Commission recommended an amendment of Section 75 CPC and insertion of new Rule 10A, 10B and 10C in Order 26 to meet its objective that there should be a special provision empowering the court to issue commissions for conducting scientific inquiries, when such an inquiry is needed for determination of any issue before the court as observed in its Fifty-Fourth Law Commission Report.

Case Briefs High Courts

Bombay High Court quashes condition imposed by MHADA citing Wednesbury Principles and Doctrine of Proportionality

In the words of Diplock LJ in Council of Civil Service Unions v Minister for the Civil Service, [1984] 3 WLR 1174, the Wednesbury principle, formulated by Lord Greene, is whether the decision is so outrageous in its defiance of law or logic that it cannot possibly be sustained.

Case Briefs High Courts

Delhi High Court refuses decree of specific performance in view of creation of third-party interests; Directs compensation of Rs. 15 lakhs

The principle governing the evidence in civil cases is that there should be a preponderance of the events which should be proved unlike in criminal matters, where the evidence have to be proved beyond a reasonable doubt. Moreover, the burden of proof is on the party which will suffer if such evidence is not proved.

Case Briefs High Courts

Delhi High Court directs Law and Justice Ministry to periodically monitor the status of uploading the Acts on the India Code portal

The petition was filed challenging the order passed by the Central Information Commission which directed the Union of India to upload all the latest amended bare Acts, examine the functionality of its E-mail ID, develop an appropriate RTI filing mechanism and to pay Rs. 10,000 under Section 19(8)(b) of the RTI Act to the library of National Law School of India University, Bengaluru.

Case Briefs High Courts

Delhi High Court injuncts Khesari Lal Yadav from selling any new song to third party till 30-09-2025 in view of an agreement with Global Music Junction

The agreement between the parties is not a contract between an employee-employer or a manager-sportsperson contract, rather they are commercial contracts entered into between parties with equal bargaining power and for mutual commercial benefit. Thus, the agreements between the parties are neither ‘excessively one sided’ nor they impose a ‘bondage’.

Case Briefs High Courts

Delhi High Court upholds Centre decision to bring all medical devices under the ambit of ‘drug’ under Drugs and Cosmetics Act, 1940

The larger public interest, which concerns patient safety, requires that all medical devices be brought within a regulatory regime. One cannot quibble with the intent, purpose and object with which the impugned notifications have been issued.

Case Briefs High Courts

Welfare of the child in custody matters is foremost; Delhi High Court appoints maternal grandparents as ‘guardians’ of minor

In the matters of Guardianship and Custody, the dilemma is that the logic may say that the child must be in the custody of his father, but the circumstances and the intelligent preference of the child point out that it is not in the interest and welfare of the child to uproot him from the family where he has been happily entrenched since the age of 1½ years.