Arushi, Author at SCC Times

‘Sorry state of affairs’: Chhattisgarh HC directs Health Secretary to stop circulation of video of a woman delivering baby on the floor in Sub-Health Centre

The Court stated that when the State Government had incurred huge amount of money for providing medical facilities to the public residing in remotest part of the State, and the authorities responsible were absent and missing when they were needed the most, the State ought to take some stringent measures.

Case Briefs High Courts

‘Dealing liquor at personal level can create havoc in society’; P&H HC denies anticipatory bail to a woman accused of distilling liquor at her house

The Court observed that spurious liquor can cause devastating trauma and huge tragedy. It affects the poor people who go for a cheaper alternative of liquor, as usually instead of ethyl alcohol such liquor contains methyl alcohol which is lethal in nature.

Case Briefs High Courts

‘Deliberate attempt to mislead the Court’; Punjab and Haryana HC imposes costs of Rs 50 thousand for not disclosing similar petition that was dismissed for non-prosecution

Petitioner stated that he had not filed any such or similar petition for quashing before the present Court or the Supreme Court. However, the Court noted that the petitioner had earlier filed the present petition on 01-04-2024 and the present petition was filed on 17-05-2024.

Case Briefs High Courts

Cogent material required to indicate convict’s parole likely to endanger security of state; Punjab and Haryana HC directs District Magistrate to reconsider parole application

The Court stated that parole enables a prisoner to develop a feeling of self-confidence that there is a life beyond prison and develop a sense of hope and active interest in his life with a view to rehabilitate the prisoner.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Difference between amount payable as condition of import and sale of goods’; CESTAT quashes order including royalty in transactional value of imported raw materials

The Tribunal stated that there is no such condition in the Technology License Agreement which provides that royalty payment is a pre-condition for sale/import of raw materials and there is no evidence to establish how the royalty payment is linked to the import of raw materials.

Case Briefs High Courts

Retirement benefits a Constitutional and fundamental right of an employee with no legal impediment: Jharkhand High Court

The Court stated that the respondent took filmsy stand which was not acceptable and this was another glaring example of delay and laches on the respondents’ part for not extending the retirement benefits.

Case Briefs High Courts

Punjab and Haryana HC denies interim bail to cybercrime accused possessing thirty-five SIM cards; suggests measures to mitigate cybercrime

The Court stated that as the executive has largely been unsuccessful in curbing the escalating threat of cybercrime, one potential solution could involve limiting the maximum number of prepaid SIM cards per individual as cybercrime predominantly takes place through prepaid SIM cards.

limitation period suit filed on possession of immovable property

Cases Reported Never Reported Judgments

Never Reported Judgment| Cause of action for suit filed by reversioner for possession of immovable property arises on the death of a Hindu widow [(1953) 1 SCC 407]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on limitation period of suit on possession of immovable property.

Case Briefs High Courts

Himachal Pradesh HC seeks status report on implementation of Chief Secretary’s directions on forest fire safety and water harvesting

The Court further stated that the respondents were expected to take all possible measures to ensure that forest fire are prevented and if not prevented, at least controlled.

Case Briefs High Courts

‘Accounts declared as fraud without adhering to principles of audi alteram partem’; Punjab and Haryana HC quashes FIR against borrowers

Respondents submitted that no opportunity of personal hearing was required to be assigned to the aggrieved, before the FIR was filed and registered.

Case Briefs High Courts

‘Obligation to be extra cautions’; Punjab and Haryana HC denies anticipatory bail to clerk accused of demanding bribe to settle notice issued under PNDT Act

The Court opined that people in responsible positions, who, for their small monetary gains misuse such sensitive positions, not only betray the trust the system had reposed in them, but also fail the society by making their conduct highly unethical, immoral.

Case Briefs High Courts

‘Multiple lapses in investigation’; Punjab and Haryana HC acquits Dera Chief Gurmeet Ram Rahim and four others in 2002 murder case

The Court stated that the present case was a stark portrayal of the necessity of Courts of law to make an incisive and objective analyses, of the evidence rather than becoming stultified through a proactive media trial.

Case Briefs High Courts

‘Arrest in consonance with Section 19(1) of PMLA’; Punjab and Haryana High Court dismisses AAP MLA Jaswant Singh’s petition challenging his arrest by ED

“In the present case, the Special Court has taken into account the nature of the case against the petitioner and factum of his non-cooperation and other relevant factors while remanding the petitioner into police custody.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Set top boxes covered under the definition of ‘input’ under Rule 2(k) of CENVAT Credit Rules, 2004; Credit admissible to Dish TV India Ltd: CESTAT

“It is a well settled principle in the law that the taxing statute needs to be construed strictly according to the words phrases used in the statute; there can be no other interpretation when literal interpretation is unambiguous.”

Case Briefs High Courts

Application for extending mandate of the Arbitral Tribunal for passing Award to be filed only before ‘Court’ as defined u/s 2(1)(e) of A&C Act: Andhra Pradesh HC

“If the intention of the Parliament were to vest the power of extending the mandate of an Arbitrator under Section 29A of the Arbitration and Conciliation Act, 1996 only in High Court as envisaged under Section 11, then nothing could have prevented it from providing so.”

Case Briefs High Courts

‘Action taken so far is totally unsatisfactory’; Punjab and Haryana HC provide one week to file status report on action taken in matter of wild growth of cannabis

“In most of the photographs, it is evident that after cutting down of such wild growth of cannabis, a part of it is still lying scattered though major part or it has been transported but to which place or what has been done to those cut-out cannabis has not been explained.”

Case Briefs High Courts

‘Prisoners also have right to adequate and required healthcare’; Himachal Pradesh HC grants bail to HIV+ prisoner after jail authorities failed to provide required medical treatment

“Failure on the part of a government hospital to provide the timely medical treatment to a person in need of such treatment results violation of his right to life guaranteed under Article 21 of the Constitution, as has been done in the instant case.”

Case Briefs High Courts

‘Utterances made in moment of anger cannot be deemed as instigation’; Punjab and Haryana HC set aside conviction and sentence of wife convicted for abetment of suicide

The Court opined that is important to acknowledge that individuals vary in their sensitivity and temperament. It is not solely the feelings of the deceased that would matter, but most importantly, the intention behind the act of the accused would also have to be discerned.

Case Briefs High Courts

‘Child born could be a reminder of trauma and agony’; Punjab and Haryana HC allows termination of woman’s pregnancy who was sexually assaulted by her husband

“Such decisions are tough, however, life is not just about being able to breathe rather it is about being able to live with dignity. Where the denial of dignity and social as well as family acceptance or approval ‘is a writing’ on the wall, it compounds agony of the child and leads to greater injustice.”

standard of care required on the part of bailee

Cases Reported Never Reported Judgments

Never Reported Judgment| When Supreme Court examined the standard of care required on bailee’s part for bailed goods [(1953) 1 SCC 446]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on Section 151 of Contract Act,1872.