Arushi, Author at SCC Times

District Magistrate not adjudicating authority under SARFAESI Act; only duty to assist secured creditor in taking possession of property: Jharkhand HC

The Court stated that by delaying the disposal of the application filed by the petitioner, the District Magistrate is frustrating the intent of law, which should not be.

Case Briefs High Courts

Commenting about dress of girls, touching them inappropriately on their back, cheek and neck constitute an offence u/s 7 of POCSO Act: HP HC refuses to quash FIR

The physical contact made by the accused with the girls coupled with the words uttered by him could only lead to one inference that the touch was with sexual intent.

Case Briefs High Courts

‘Right to be forgotten inherent aspect of right to privacy’; Himachal Pradesh HC directs masking of rape accused’s name after his acquittal

There was no occasion for the State to file the present appeal, as once it is on record that the prosecutrix was living happy married life with the respondent, then, this Court cannot shut its eyes to the ground reality and disturb the happy family life of the respondent and the prosecutrix.

Case Briefs High Courts

Andhra Pradesh HC grants custody of four-and-a-half-years old child to father; permits to take the child back to USA for all-round welfare

In cases of dislocation of minors from a foreign country to India, whenever children have been removed from their native country to India, the Court shall, in the best interest of the child, order for the return of the child to his native country.

Case Briefs High Courts

Punjab and Haryana HC grants relief to Shehnaz Gill; holds agreement as prima facie unfair with one party having superior bargaining power

Freedom of contract must be founded upon equality and bargaining power between the contracting parties. The party having less bargaining power is left with little or no choice but to accept the unfair and unreasonable terms imposed upon it by the party with superior bargaining power.

Case Briefs High Courts

Seven years ‘continuous’ practice is not required by an Advocate for Additional District and Sessions Judge appointment: Himachal Pradesh HC

Respondent 4 was in active practice and possessed cumulatively more than 7 years of active practice.

Cases Reported Never Reported Judgments

Never Reported Judgment | Adoption by wife against express prohibition by husband not valid regardless of the reasons for such prohibition [(1953) 1 SCC 656]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on adoption by a married Hindu female.

Case Briefs High Courts

Private complaint regarding doctor’s rashness or negligence cannot be entertained, unless accompanied by credible opinion of another doctor: Jharkhand HC

The Court stated that allowing the proceedings to continue will amount to an abuse of the process of law.

Case Briefs High Courts

Jharkhand HC refers contempt case against Advocate General and Additional Advocate General to larger bench for clarification in procedure to be adopted in contempt proceedings

The Court stated that when a decision of a coordinate bench of the same High Court is brought in notice, it is to be respected and is binding to the Bench of such co-equal strength. For taking a different view, it is required to refer the question to the larger bench, as it is the only course of action open to a Bench of a co-equal strength.

Case Briefs High Courts

Sending first time offenders of less serious offence to jail might attract them towards a life of crime instead of reforming: Punjab and Haryana HC upholds probation

The sole intention of the legislature in passing probation laws is to give person of a particular type of chance of reformation, which they would not get if sent to prison.

Case Briefs High Courts

Jharkhand HC sets aside orders reducing pay scale of an employee for requirement of Diploma in Engineering

The Court stated that recovery of excess amount from the employee was not permissible, if there was no misrepresentation or suppression by the petitioner.

Case Briefs High Courts

Punjab and Haryana HC directs Haryana Govt. to refix pension and pensionary benefits of an employee who was reverted after his retirement

The Court stated that it is a settled law that after an employee’s retirement, the master and servant relationship ceases to operate. If any action is required to be taken after the retirement of an ex-employee, then same can always be taken when there is an express authority of law and provision of law.

Case Briefs High Courts

‘Healthy and constructive criticism should always be welcome’; Punjab and Haryana HC drops criminal contempt proceedings against a man for his pleadings against a Judge

The Court stated that the contempt jurisdiction should not be exercised lightly at the drop of a hat. It ought to be invoked only in rare or exceptional cases where there is interference with administration of justice or such action amounts to scandalizing or lowering the authority of the Court.

Case Briefs High Courts

Conviction cannot be made u/s 364A of IPC, unless abduction is coupled with ransom demand and life threat: Chhattisgarh HC sets aside conviction and sentence of accused

The Court stated that this is not a case of ransom because the appellants had not called the complainant’s wife to pay ransom, and it is possible that they were planning to receive the rest of the amount of the vehicle from ‘X’.

Case Briefs High Courts

Jharkhand HC sets aside orders passed without application of mind and complying with mandatory requirements of law

The Court directed the Registrar General of this Court to send a copy of this Order to the Principal District Judge, Jamshedpur with a direction to impress upon the Judicial Magistrate concerned, not to pass orders in such reckless manner, without application of mind and unnecessarily enhance the burden upon this Court.

Case Briefs High Courts

‘Totally illegal, arbitrary and whimsical’; Jharkhand HC directs State to pay Rs 5 lakh compensation for illegal demolition of shops

The Court stated that even though the right to property is no longer a fundamental right and was never a natural right, it must be accepted that without the right to property, other rights become illusory.

Case Briefs High Courts

Andhra Pradesh HC directs State authorities to file details regarding implementation of electronic monitoring and enforcement of road safety

The Court also directed that the Legal Services Authority and the police authorities to start campaigns to highlighting the evil effects on account of non-usage of the protective headgear.

Cases Reported Never Reported Judgments

Never Reported Judgment| When Supreme Court examined the genuineness of receipts for payment in execution of final mortgage decree [(1953) 1 SCC 608]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on execution of mortgage decree.

Hemant Soren bail in money laundering case

Case Briefs High Courts

Jharkhand High Court grants bail to former CM Hemant Soren in money laundering case involving illegal acquisition of land

The Court stated that overall conspectus of the case based on broad probabilities does not specifically or indirectly assign the petitioner to be involved in the acquisition and possession as well as concealment of 8.86 acres of land at Shanti Nagar connected to the “proceeds of crime”.

Case Briefs High Courts

‘Typical example of frivolous litigants abusing the Court process’; Jharkhand HC quashes criminal proceedings against Century Cement

The Court stated that when the case under Section 138 of the Negotiable Instruments Act, 1881 was already filed by the petitioners, Respondent 2 had all the opportunity to defend in that pending complaint case, and without doing so, present complaint case was filed implicating the petitioners.