Sucheta, Author at SCC Times

Judicial Appointments Tracker April 2024

April 2024 Judicial Appointment Tracker | 9 High Court Appointments; 13 Collegium Recommendations and 1 Supreme Court Retirement

This segment aims to track and chart the monthly course of judicial appointments, retirements in the Supreme Court and High Courts along with recommendations made by the Supreme Court Collegium.

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice Pamidighantam Sri Narasimha

Appointed directly from the Bar as a Judge of the Supreme Court of India, Justice P.S. Narasimha’s tenure as an advocate and as a Judge boasts of several landmark cases.

Case Briefs High Courts

Utterances such as “go and hang yourself” spoken while venting out anger, can’t become an ingredient for abetment to suicide under S. 306, IPC: Karnataka HC

The Court quashed proceedings for abetment of suicide initiated against the husband who told a Priest of Church “to go hang himself” for having an illicit affair with his wife.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Over 3000 missing girls in State of Andhra Pradesh | NHRC issues notice to Chief Secy, Govt. of Andhra Pradesh and DGP

Taking into consideration the gravity of the matter, the Commission directed the authorities concerned to submit their response within twelve weeks.

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC upholds repudiation of claim by Aviva Life Insurance due to violation of ubberima fidei principle by the insured

The wife of the Deceased Life Assured had filed claims as the nominee of her husband’s life insurance policies. However, the claim was rejected as the DLA failed to disclose material facts while availing the policies, thereby violating the principle of ubberima fidei (utmost good faith)

Case Briefs High Courts

Whether the Muslim Personal Law (Shariat) Application Act overrides Karnataka Stamp Act? Karnataka HC answers

The Court noted that what is not expressly recognised in Shariat law is not necessarily something which is forbidden. It may still be in tune with the philosophy of the Quran.

Case Briefs High Courts

J&K and Ladakh HC directs resumption of defamation trial against Greater Kashmir vis-à-vis their articles alleging Rs 13 crore land sale by DAV School Management

It was further pointed out that Greater Kashmir is a popular newspaper and the impugned news articles condemning the DAV School management will obviously leave the public with a prima-facie impression that the DAV Management has acted as if “fence eating the crop”.

Case Briefs High Courts

Karnataka State Legislative Elections 2023 | Can Congress’s 5 Guarantees in their manifesto be termed as Corrupt Practices? Karnataka HC answers

Under Section 123, of Representation of Peoples Act, 1951, a practice shall be considered as a corrupt practice when the same is done by a candidate or his agent or by any other person with the consent of the candidate or his agent, and not otherwise.

Case Briefs High Courts

J&K Administration must pay compensation of 5 lakhs to a lawyer detained in preventive custody for more than 1080 days: J&K and Ladakh HC

The Court noted that petitioner had been made to suffer loss of his liberty for a cumulative period of more than 1080 days of preventive custody covered under the span of four detention orders in row from 2019 to March 2024.

Case Briefs Tribunals/Commissions/Regulatory Bodies

SCDRC holds seller liable to pay compensation of Rs 30,000 for selling counterfeit Protein Powder through Flipkart

The State Commission absolved Flipkart from any liability as it was merely facilitating the sale through its portal. However, it was noted that Flipkart should have displayed strict attitude vis-à-vis breach of terms regarding sale of counterfeit products on its site.

Case Briefs Foreign Courts

[MeToo Movement] | Why NY Court of Appeals decided to reverse Harvey Weinstein’s conviction for multiple sexual crimes?

In 2017, prominent American newspapers reported stories of several women who accused Harvey Weinstein of sexual abuse, harassment, and using his influence as a Hollywood power broker to take advantage of young women. These revelations eventually kickstarted the ‘#MeToo Movement’.

Case Briefs High Courts

Prescribing specific raaga/ tune for singing the State Anthem in qualified spaces, is not an arbitrary action by the State Govt: Karnataka HC

‘Jaya Bharata Jananiya Tanujate’ was penned by Kaviratna Kuppalli Venkatappa Puttappa ‘Kuvempu’, in 1930, which was adopted as State Anthem by the Government of Karnataka on 29-12-2003.

SC Collegium appointment Permanent Judge extension of term Additional Judges

Appointments & Transfers News

Supreme Court Collegium recommends appointment of a Permanent Judge and extension of term for 3 Additional Judges

The Collegium on 24-04-2024 recommended the appointment of 1 Permanent Judge and extension of term of 2 Additional Judges for Chhattisgarh High Court and extension of term of 1 Additional Judge for the High Court of Jammu & Kashmir and Ladakh.

Case Briefs High Courts

[Belagavi Stripping Incident] | Karnataka HC directs speedy completion of trial within 1 year; Grants conditional bail to 11 accused persons

On 15-04-2024, 2 Benches of the High Court passed the respective orders in the Belagavi disrobing incident of December 2023 which shook the conscience of the Court and Nation at large.

Tapestry Inc Capri Holdings Coach Michael Kors Kate Spade Federal Trade Commission

Case Briefs Foreign Courts

FTC issues administrative complaint vis-à-vis the proposed $8.5 billion acquisition of Capri Holdings Ltd by Tapestry Inc

The Commission expressed concerns that the proposed acquisition by the global lifestyle brand Tapestry has violated the provisions of FTC Act and would eventually eliminate competition in the relevant market of accessible luxury.

Case Briefs High Courts

[POCSO Case] | An award-winning National hockey player’s achievements earned through hard work, can’t be termed as ‘Influence’: Karnataka HC

The High Court granted anticipatory bail to noted hockey player Varun Kumar stating that he cannot be termed as influential person merely because he is an award-winning National Hockey Player.

Case Briefs High Courts

Karnataka HC dismisses petitions challenging complete ban on sale of Hookah in any public place in the State

“It is a fact that a session of hookah is more harmful than a pack of cigarettes (…) If it is 200 puffs per session, it is equivalent to 100 cigarettes, in any of these sessions. Hookah, is, as addictive as a cigarette; as harmful as a cigarette; has the same chemicals as a cigarette”.

CBUAE Sanadak UAE's first Financial and Insurance Ombudsman

Foreign Legislation Legislation Updates

Central Bank of UAE launches ‘Sanadak’, UAE’s first Financial & Insurance Ombudsman

Sanadak is the first Ombudsman Unit both in the UAE and the MENA region, catering to consumers of Financial Institutions and Licensed Insurance Companies.

Case Briefs Foreign Courts

Imposing penalties to discourage Trade Union members to participate in lawful strikes; UKSC declares S. 146 of TULRCA to be incompatible with Art. 11 of ECHR

The Court held that S. 146 of TULRCA is incompatible with ECHR Convention insofar as it fails to provide any protection against penalties, intended to deter trade union members from taking part in lawful strike action organised by their trade unions.

Case Briefs High Courts

J&K and Ladakh HC directs the authorities to grant NOC to Bilquis Mir to participate in Asian Canoe Sprint Olympic Qualifier in Japan as Chief Finish Line Judge

The Court noted that not allowing the petitioner to attend the sporting event may cause her to lose out on further opportunities which in turn may have a deterrent effect with regard to such position being provided to the athletes in India.