Sucheta, Author at SCC Times

Counsel cannot claim any share out of the fruits of litigation from their client as fee; Such an action amounts to professional misconduct: J&K and Ladakh HC

The High Court strictly noted that such a conduct is unbecoming for a person belonging to legal profession and also reprimanded the Tribunal for withholding the compensation from the petitioner due to a fee dispute between a layer and their client.

Case Briefs High Courts

Cross-Border Adoption situation not envisaged by Indian adoption laws; Karnataka HC directs CARA to consider issuing NOC to child adopted in Uganda.

The High Court stated that rights of child adopted by Indian Citizens in Uganda, which is a non-signatory to Hague Convention, cannot be left marooned.

X Corp Elon Musk US District Court Centre for Countering Digital Hate

Case Briefs Foreign Courts

Know why US District Court dismissed suit brought by Elon Musk’s X Corp against Centre for Countering Digital Hate?

X Corp had alleged that CCDH created faulty narratives about X (formerly Twitter) being overwhelmed by hateful content, thereby harming its business by driving advertisers away from the platform

ECJ fingerprints for ID cards false id cards

Case Briefs Foreign Courts

Obligation to insert fingerprints into the storage medium of ID cards is compatible with objectives of combatting the production of false ID cards: ECJ

The ECJ stated that obligation to insert fingerprints into the storage medium of identity cards constitutes a limitation of the fundamental right to privacy and protection of personal data, which are guaranteed by the ECHR.

Justice Ritu Raj Awasthi Lokpal judicial member chairperson law commission

Appointments & Transfers News

Former Law Commission Chairperson, Justice Ritu Raj Awasthi, takes oath as the new Judicial Member of Lokpal

Justice Ritu Raj Awasthi was functioning as the Chairperson of Law Commission of India and resigned from this post on 26-03-2024 after a tenure of 17 months.

Case Briefs High Courts

Equal Pay for Equal Work | Equality is not to be based solely on designation or nature of work; J&K and Ladakh HC reiterates

The High Court stated that that the person who asserts that there is equality in work has to prove the same first.

Additional Judges J&K and Ladakh HC Kerala HC

Appointments & Transfers News

New Additional Judges of J&K and Ladakh High Court and Kerala High Court, take oath of office

Justice Mohd. Yousuf Wani of J&K and Ladakh HC took oath of office on 25-03-2024 while 6 new Judges of Kerala HC were sworn in on 22-03-2024.

Lifestyle v. Amazon Cross-Border Marketing Dispute UK Supreme Court

Case Briefs Foreign Courts

Lifestyle v. Amazon Cross-Border Marketing Dispute | Amazon targeted consumers in the UK via its USA website, thereby infringing UK/EU Marks: UK SC

The dispute concerning Amazon’s use of its USA based website relates entirely to events that occurred before the UK left the European Union (Brexit) when UK trademark law at that time was substantially governed by EU legislation and case law.

Hot Off The Press News

Karnataka High Court gives green signal to the State Govt. to conduct Board Exams for 5th, 8th, 9th and 11th standard students

The Division Bench today reversed the decision of the Single Judge, who on 06-03-2024, had struck down this Scheme.

DCDRC finds Matrimony.Com Ltd. liable for deficiency in service for failing to deliver video album of a marriage reception held in 2017

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC chastises Uber India; Notes that charging excess cab fare rather than the actual contracted fare during advance booking, is unfair trade practice

DCDRC also held that in order to keep a check on unruly service providers such as Uber, who commit breach of commitments at the nick of time, they are required to be dealt with heavy hands and as such they must be made to deposit at least Rs.10,000 as compensation in Consumer Welfare Fund of the Chandigarh District Forum.

Appointments & Transfers News

Supreme Court Collegium recommends transfer of Justice Arvind Singh Chandel from Chhattisgarh High Court to Patna High Court

Earlier the Collegium proposed to transfer Justice Chandel to Madras High Court, but upon appreciating his difficulty, the Collegium partially acceded to his request and recommended to transfer him to Patna High Court.

Case Briefs High Courts

Gauhati High Court adopts Practice Directions for proceedings filed under POCSO Act

On 15-03-2024, the Chief Justice issued a Notification regarding adoption of Practice Directions for Criminal Appeals/Revisions or Criminal Petitions filed under the POCSO Act in Gauhati High Court and the Outlying Benches.

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC directs Flipkart to pay compensation of Rs 13,000 for adopting unfair trade practice and cancelling an iPhone order

The District Consumer Court found Flipkart to be guilty of deficiency in service and of adopting unfair and restrictive trade practice.

State Action facebook comments blocking SCOTUS

Case Briefs Foreign Courts

Does blocking comments on social-media page by Public Official constitute State Action? SCOTUS deliberates

In the instant case, the City Manager of Port Huron, Michigan, blocked a Facebook user for expressing his displeasure at the city’s approach to Covid-19 pandemic.

Artificial Intelligence Act European Parliament AI

Foreign Legislation Legislation Updates

EU adopts Artificial Intelligence Act which lays down harmonised rules to regulate AI

In a pioneering step, the European Parliament on 13-03-2024, adopted 459-pages long Regulation drafted to ensure safety, compliance with fundamental rights and boost innovation.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Dead Cockroach in Soup and Expired Bread; DCDRC directs IRCTC and on-board caterers to compensate for mental agony caused due to serving of unhygienic food

What promised to be a comfort bowl of hot soup and bread, turned out to be an unhygienic mess for the complainant and his family travelling in Executive Class coach of New Delhi to Chandigarh Shatabdi Express.

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC finds Matrimony.Com Ltd. liable for deficiency in service for failing to deliver video album of a marriage reception held in 2017

DCDRC observed that the video was not just a collection of images and sounds but a vessel for the heartbeats of a family’s collective journey, carrying the laughter, tears, and love of a day that marked the beginning of a new chapter in their lives.

Case Briefs High Courts

[Betting/ Spot Fixing Scandal] Know why Karnataka HC refused to quash defamation proceedings instituted against Asianet News by Divya Spandana

The High Court pointed out that Asianet News failed to support their claim that their alleged defamatory programme ‘Betting Raniyaru’ was covered under Fourth Exception to S. 499, Penal Code, 1860.

transfer of judges Justice Sanjeev Sachdeva Justice V. Kameshwar Rao delhi high court

Appointments & Transfers News

Supreme Court Collegium recommends transfer of 2 Delhi High Court Judges

The Collegium on 13-03-2024 recommended the transfer to 2 Delhi High Court Judges namely- Justice Sanjeev Sachdeva and Justice V. Kameshwar Rao.

SC Collegium appointment of judges high court

Appointments & Transfers News

Supreme Court Collegium recommends appointment of Judges for 4 High Courts

In a series of Resolutions dated 12-03-2024, the Collegium recommended appointment of several Permanent Judges and appointment of Judicial Officers and Advocates as Judges.