Shimpy Arman Sharma

28/05/2022

On 17.2.2022, the Supreme Court in Gujarat Housing Board & Anr. v. Vandemataram Projects Private Limited (Civil Appeal No. 2093/2022) has set aside the Order of the Gujarat High Court where the Order for Termination of Contract was challenged, and the Supreme Court has observed that the invocation of Article 226 of the Constitution of India for a contractual matter where there was an existing arbitration clause was not the appropriate remedy.

23/05/2022

Recently, on 12th May 2022, in PRABHA TYAGI v. KAMLESH DEVI (SC) CRL. APPEAL NO. 511 OF 2022, following has been held in Section 12:
1. Not mandatory for a Magistrate to consider a Domestic Incident Report filed by a Protection Officer or service provider before passing any order under the D.V. Act. It is clarified that even in the absence of a Domestic Incident Report, a Magistrate is empowered to pass both ex parte or interim as well as a final order under the provisions of the D.V. Act.
2. Not mandatory for the aggrieved person, when she is related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together as a joint family, to actually reside with those persons against whom the allegations have been levelled at the time of commission of domestic violence. If a woman has the right to reside in the shared household under Section 17 of the D.V. Act and such a woman becomes an aggrieved person or victim of domestic violence, she can seek reliefs under the provisions of D.V. Act including enforcement of her right to live in a shared household.
3. There should be a subsisting domestic relationship between the aggrieved person and the person against whom the relief is claimed vis-à-vis allegation of domestic violence. However, it is not necessary that at the time of filing of an application by an aggrieved person, the domestic relationship should be subsisting. In other words, even if an aggrieved person is not in a domestic relationship with the respondent in a shared household at the time of filing of an application under Section 12 of the D.V. Act but has at any point of time lived so or had the right to live and has been subjected to domestic violence or is later subjected to domestic violence on account of the domestic relationship, is entitled to file an application under Section 12 of the D.V. Act.

23/05/2022

To make out a case against a person for the under Section 420 of IPC, there must be a dishonest inducement to deceive a person to deliver any property to any other person. In the present case, there is no allegation at all against the accused – Rekha Jain of any inducement by her to deceive and to deliver the gold jewellery. This has been held by the Hon'ble Supreme Court in Rekha Jain v. The State of Karnataka & Anr. In CRIMINAL APPEAL NO. 749 OF 2022 | 10-05-2022.

12/05/2022

Hon'ble Supreme Court orders Section 124A to be kept in abeyance and has asked the central and state government not to register a new case until judicial review is completed.

26/04/2022

Supreme court has directed the registry to call the statement/particulars w.r.t the pending applications u/s 11 (6) of Arbitration Act from all the High courts so as to reach this court on or before 6th May 2022. The matter shall be taken up on 9th may 2022. This order has been passed on 21st April 2022 in M/s Shree Vishnu Constructions vs. The Engineer in Chief Military Engineering Services @ ors.

25/04/2022

Intellectual Property Day is observed on April 26 every year. The basic purpose is to encourage the creation of a variety of intellectual goods.This year World IP Day puts innovation and supports the efforts to create a green future as it is a need to care for our earth our home.
This year’s theme is - IP and Youth: Innovating for a Better Future.

15/04/2022

The Division Bench comprising Justice UU Lalit & Justice PS Narasimha of the Supreme Court in “Kamatchi vs Lakshmi Narayanan” pronounced on April 13, 2022, held that the limitation period prescribed under Section 468 of the Code of Criminal Procedure is not applicable for the filing of an application by an aggrieved woman under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (“DV Act”). Section 12 of the DV Act allows an aggrieved woman to file an application before the Magistrate seeking orders of protection or restraint or payment of compensation against acts of domestic violence committed by the husband or in-laws. In this case, Sec 12 application was filed by the woman after almost 10 years of leaving the matrimonial house. The High court quashed the proceedings as time barred. This Court disapproving the High Court’s approach held that filing of an application under section 12 of the act cannot be equated to lodging of a complaint or initiation of a prosecution.


An awareness initiative by:
Shimpy Arman Sharma
For Lady Member Executive Delhi High Court Bar Association 2022

14/04/2022

14/04/2022

13/04/2022

The Supreme Court agrees to hear PIL seeking simplification of the child adoption process in India by issuing notice to the Ministry of Woman and Child Development. The writ petition was filed in September last year pointing out that orphans in India, unlike many countries, are not covered separately by any specific ministry, but are included among all poor children and defined under the JJ Act of 2015 as a child without parents. It pleads the cause of the orphans, abandoned and surrendered children.It has been contended before the court that the legislature appreciates the difference between a poor child and an orphan, segregating them, But the executive has clubbed orphans and other children for the sake of administrative convenience.

12/04/2022

Respected Members,

1. Declaration form for the elections 2022, can be collected from 12th April to 04rd May 2022 and must have a Stamp of DHCBA.

2. Affix Passport size photo with cross signatures are required.

3. Declaration form has to be Notarised by the Notary and for assitance Notary is sitting in the Bar Office of DHCBA.

4. Self attested copy of BCD/DHCBA ID should be accompanied with Declaration form.

You may contact me for any assistance:
9971550603
Shimpy Arman Sharma
For LADY MEMBER EXECUTIVE DELHI HIGH COURT BAR ASSOCIATION 2022

12/04/2022

Use of the English language before the High Court and Supreme Court:
An example of the difficulty in not using English came up before the Supreme Court in Madhu Limaye vs. Ved Murti[1]. One of the intervening parties insisted on arguing in person before the Supreme Court, and that too in Hindi, which was objected to by opposing counsel as they could not understand him. The gentleman refused to argue in English, refused to submit written arguments in English, and even refused to let his counsel argue before the Court. Faced with such a situation, the Supreme Court cited Article 348, held that the language of the court was English, and cancelled his intervention.

Recently, the Hon'ble Supreme Court has introduced the vernacular languages in which the order and judgments are available in Supreme Court are Marathi, Hindi, Kannada, Tamil, Telugu, Punjabi, Gujarati, Malayalam and Bengali from 2020.

While the translated judgments will be uploaded on the Supreme Court’s official website, daily orders of court proceedings will be provided to litigants and lawyers who request for it..