Arushi, Author at SCC Times

‘Dispensing services without giving any opportunity of hearing clearly violates natural justice’; Chhattisgarh HC sets aside cancellation of Anganwadi Sahayika’s appointment

In the administrative action where the decision of authority may result in civil consequences, a hearing before taking a decision is necessary.

Case Briefs High Courts

Identification in Test Identification Parade is not substantive evidence; any irregularity in it will by itself does not erode evidentiary value of identification in Court: Jharkhand HC

Any irregularity committed during investigation could not be the sole ground to discard the prosecution case in its entirety, if it was otherwise proved by other cogent and reliable evidence.

Case Briefs High Courts

Punjab and Haryana HC imposes Rs. 2 lakh costs on IIM Rohtak for withholding result of its student for four years

Petitioner was a young girl of 27 years, when the impugned letter was passed and she could not do anything for the next four years because of the aforesaid letter, which was passed without the authority of law. It has seriously affected her career and studies apart from other incidental consequences.

Case Briefs High Courts

‘People have suffered enough environmental degradation’; P&H HC restrains Haryana Govt. from cutting 150 trees; advises to find alternate site for construction of police station

It is obvious that about 150 trees, which are a century old, stand on the land allotted for the purpose of constructing a police station and a police line. The petitioner has also filed certain photographs of the area concerned which reveals that there is also a water body next to the above trees.

Case Briefs High Courts

Punjab and Haryana HC directs Trial Court Judge and Public Prosecutor to furnish explanation for disregarding its directions

In consequence, the wanton disregard to the explicit directions as made by this Court, upon the trial Judge concerned, thus prima facie constitutes contempt of Court.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Incentive of discounts declared for small/mid segment cars cannot be allowed to luxury model cars attracting higher rate of duty: CESTAT

In absence of any suppression or mis-declaration of the facts, larger period of limitation could not be invoked.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Registration of premises is not a condition precedent for availing CENVAT credit’; CESTAT sets aside order disallowing CENVAT credit

The services were not received by the appellant regarding which invoices have been issued to the appellant’s other two addresses, other than the address for which service tax registration has been taken, is contrary to the contention stated by Revenue in the show cause notice. Therefore, the same is not sustainable in law.

Cases Reported Never Reported Judgments

Never Reported Judgment| Seller must prove readiness and willingness to perform his part of contract to sustain his claim for damages for breach of contract [(1953) 2 SCC 52]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on damages for breach of contract.

Case Briefs Tribunals/Commissions/Regulatory Bodies

IC-Codecs imported by Samsung India are classifiable as ‘electronic integrated circuits’, thus are exempted from customs duty: CESTAT

The goods imported by the appellant are IC chips, which are incapable of stand-alone function or connection with any other device. The ICs are only capable of functioning as compressor/decompressor upon connection with external peripherals like power supply and interface.

Case Briefs High Courts

Abbreviating new criminal laws will simplify usage of lengthy Hindi terminology; promote inclusivity and facilitate efficient judicial process: Punjab and Haryana HC

The Court stated that creating a shared linguistic space for people with different language backgrounds becomes crucial to fostering a sense of unity and inclusivity. The hard-to-pronounce titles cause lingual impediment, cognitive chaos, and tedium that could prevent the legal system from operating smoothly.

Case Briefs High Courts

Not necessary to prove motive behind offence, when eyewitness testimony is credible: Jharkhand HC upholds conviction

The Court stated that admittedly, the death is homicidal, and the doctor also found that the cause of death is injury, which was inflicted upon the deceased persons. Therefore, the ocular evidence corroborates with the medical evidence.

Case Briefs High Courts

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.