Arunima, Author at SCC Times

Delhi High Court | Bella Estate, Delhi residents not entitled to rehabilitation as per DUSIB Policy, 2015

Delhi High Court held Bella Estate Jhuggi dwellers not entitled to rehabilitation under Delhi Slum and JJ Rehabilitation and Relocation Policy 2015.

Case Briefs High Courts

Delhi High Court set aside 1-year suspension of BJP MLA Vijender Gupta of Delhi Legislative Assembly

Delhi High Court observed that on perusal of the summary of proceedings, it was clear that there was disturbance caused during the sitting of the House by the petitioner and the ruling party members.

Case Briefs High Courts

Acceptance of payment from a ‘stranger’ is unbecoming of a Judicial Officer; Delhi High Court refuses to interfere with termination order

The post of Judicial Officer is a coveted one with responsibilities attached to it and one is expected to be unceremonious, prudent, and not take things in an easy manner.

Case Briefs Tribunals/Commissions/Regulatory Bodies

[District Police Constable Driver Recruitment] MAT| Clause prohibiting application for one and the same post in more than one unit in the advertisement notice not violative of Article 14, 16 and 19

The Tribunal observed that the act of filling in 2 applications for one and the same post in more than one Unit cannot be accepted to be an inadvertent or innocent act.

Case Briefs High Courts

Delhi High Court| State Government made efforts to rehabilitate jhuggi dwellers on paper, but the ground reality is far from desirable

Delhi High Court reiterated that the right to housing is a part and parcel of the right to livelihood, health, food, clean drinking water, sewerage and transport facilities, such facilities must be provided to individuals who will be relocated.

Case Briefs High Courts

Bursting of the tyre is not an ‘Act of God’; Bombay High Court refuses to exonerate the insurance company from paying compensation

Bombay High Court observed that the dictionary meaning of “act of god” is “an instance of uncontrollable natural forces in operation” I.e., a severe, unanticipated natural event for which no human is responsible.

Case Briefs High Courts

Unauthorized occupants of dharmshalas and jhuggis be removed from the Kalkaji Mandir premises within 48 hours; Delhi High Court directs arrangements for Navratri

Delhi High Court directed the unauthorized occupants of dharmshalas and jhuggis to be removed from the Kalkaji Mandir premises by the SHO, Kalkaji within 48 hours and no further time shall be granted to any unauthorized occupant.

Case Briefs High Courts

‘Infirmity’ must consist of a disability that incapacitates a person to perform ordinary routine activities; Delhi High Court grants bail to former director of Shakti Bhog Foods Limited

Delhi High Court observed that granting bail on every sickness will render the proviso to section 45(1) PMLA otiose, to be invoked only where the sickness suffered is so serious and life endangering that it cannot be treated in jail.

Case Briefs High Courts

Delhi High Court set aside rejection of candidature for appointment to Delhi Higher Judicial Services, 2022

Delhi High Court observed that the petitioner was enrolled as an advocate in 2010 and he fulfils the requirement of “continuously practicing as an advocate for not less than 7 years on the last date of receipt of applications”.

Case Briefs High Courts

[Contempt of Court] Advocate under Delhi Bar Council carrying on the business of PG accommodation; Delhi High Court sentences for willful non-compliance of its order

Delhi High Court observed that the respondent is a law graduate enrolled with the State Bar Council and despite being aware of the binding nature of the orders of the Court has shown scant regard for the legal process.

Case Briefs High Courts

‘Interest cannot be withheld in the absence of express provisions permitting the same’; Delhi High Court partially sets aside arbitral award for being patently illegal

The impugned arbitral award was passed without considering the clauses of the Concessionaire Agreement while adjudicating on the rate of interest to be granted, thus, suffers from infirmity and patent illegality.

Case Briefs High Courts

Delhi High Court dismisses PIL filed seeking directions to draft and implement a comprehensive scheme to address the grievances of home buyers availing home loans

The PIL seeks formulation and implementation of a scheme that conclusively addresses the grievances of other home buyers who may not have the capacity to approach courts/forums to seek redressal against builders.

Case Briefs High Courts

Delhi High Court denies relief for specific performance of collaboration agreement in view of the bar under Section 14 (d) Specific Relief Act, 1963

The Collaboration Agreement is a commercial transaction between the private parties and hence the same by its very nature is determinable, even if there is termination clause in the Collaboration Agreement

Case Briefs High Courts

Delhi High Court dismisses PIL by Subramanian Swamy against Union approval for JV partnership between Air Asia Investments Ltd and Tata Sons

The Union decision is contrary to the FDI Policy of the Government of India and contrary to the guidelines laid down by the Union Ministry of Civil Aviation.

Case Briefs High Courts

Bombay High Court dismisses petition by Air India Employees Union alleging their ‘right to occupy’ allotted accommodations after privatization

Bombay High Court observed that if such a small number of employees continue to hold on to the accommodations, the AIAHCL will not be able to monetize the land to reduce the burden of debt AIL put on it.

Case Briefs High Courts

Delhi High Court expunges extra judicial remarks passed against police officials and investigating agencies while hearing a bail application

Departmental action is a serious issue that can affect the career of police personnel or any other public official for that matter and to make observations/directions in a cursory and casual manner is unwarranted.

Case Briefs High Courts

Delhi High Court directs Indian Embassy in Tashkent to ensure medical care and proper legal representation of the Indian national arrested in Uzbekistan

The petition was filed by the sister of Mr. Raghwendra Pratap Singh, an Indian national who has been arrested in Uzbekistan and is hereby seeking consular access and legal representation.

Case Briefs High Courts

Delhi High Court summons ADM, Delhi Balram Meena and ADM Rakesh Dahiya for alleged missing of valuable land records from the office of sub-registrar

These are valuable lands to which these documents relate and thus, the missing of such records has a significant bearing on the rights of citizens and there is a threat of misuse of the documents.

Case Briefs High Courts

Delhi High Court directs GNCTD to undertake special recruitment drive for filling up backlog of vacancies for Persons with Disabilities

The present PIL was filed by the National Federation of the Blind challenging the inaction on the part of the State (respondent) in filling up the vacancies which are reserved for Blind and Low Vision candidates.

Know thy Judge

Justice Arup Kumar Goswami- 14th Chief Justice of Chhattisgarh High Court retires

Justice Arup Kumar Goswami who was appointed as the 14th Chief Justice of the High Court of Chhattisgarh with effect from 12-10-2021 is retiring today. Justice Goswami is known to be a cricket enthusiast and has represented Assam in the Ranji Trophy.