Arushi, Author at SCC Times

language in document cannot be pressed over strong contrary evidence

Never Reported Judgment| In absence of original document, language cannot be pressed much into service over clear and strong contrary evidence [(1952) 2 SCC 754]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on interpretation of deeds and documents.

Case Briefs High Courts

[Mumbai Twin Blast] Delhi HC rejects petition filed by death row convict seeking copy of alleged Intelligence Bureau report suggesting false implication of accused persons

“The premise on which the petitioner is relying, the publishing of such newspaper article, cannot be taken as gospel truth.”

Case Briefs High Courts

Temporary separation gives sense of insecurity in spouse’s mind; Delhi HC grants divorce to husband whose wife keeps returning to parental home

“To nurture the matrimonial bond, it is of high significance that parties live together and avoid leaving each other’s company frequently.”

Case Briefs High Courts

Can candidates be allowed to change category after initiation of recruitment process because of subsequent widowhood, disability?; Raj HC refers matter to larger bench

“Such incidents, including the one involved in the present case, is an Act of God, actual prediction or otherwise whereof, by any stretch of imagination, cannot be within the domain of an individual aspirant or an employer/recruiter.”

Case Briefs High Courts

Custom duties and charges shall not be levied on medicines, drugs and therapies for rare diseases: Delhi High Court

“Whenever medicines are brought in respect of rare diseases, the custom authorities shall ensure that the same are cleared expeditiously and no unnecessary impediments are caused in ensuring that the same reach the hospital concerned.”

Case Briefs High Courts

Raj HC orders POCSO convict to serve parole at a place away from victim’s residence to balance victim’s safety and accused’s rights

“The Court is mindful of the legislative intent of the POCSO Act which provides that the contact between the accused and the victim should be prevented to minimise the trauma experienced by the child.”

Himachal Pradesh six congress MLAs disqualified by speaker

Hot Off The Press News

Himachal Pradesh| Six Congress MLAs who cross voted in BJP’s favour disqualified from Legislative Assembly by Speaker

“Compliance with procedural rules cannot be elevated to the level of a constitutional mandate, so much so that the substantive provision itself is defeated in the process of following the process.”

Case Briefs High Courts

Delhi High Court grants interim injunction to TiE Inc for its mark ‘TIE’/ ‘TiE Global’/ ‘THE INDUS ENTREPRENEUR’

“Balance of convenience lies in favour of plaintiff, and they are likely to suffer irreparable harm in case the injunction, as prayed for, is not granted.”

Case Briefs High Courts

Dishonest official deserves no sympathy and leniency; Rajasthan HC upholds suspension order of Sarpanch who was caught red-handed accepting bribe

“In the cases in which an office bearer or an officer is caught red handed and is being proceeded under Prevention of Corruption Act, 1988, there is no scope of taking a lenient view.”

Case Briefs High Courts

Rajasthan High Court grants probation to accused persons convicted u/s 307 of IPC in thirty-three-year-old case

“The main object of sentencing a convicted person is to bring in him certain character reformation and to keep him away from the society so as to see that the impact of his criminal character does not put any adverse impact on any other person.”

Case Briefs High Courts

Delhi High Court registers suo motu petition on delay by Jail Superintendents in accepting bail bonds

“The delay at the instance of the Jail Superintendent in accepting Bail Bonds is not acceptable to the conscience of this Court.”

Case Briefs High Courts

DJS-2023| ‘Objections taken by any candidate attain universality’: Delhi HC grants marks to candidate who did not earlier file an objection to question

“Since this a case that brings to the fore a palpable error, the Court, which is otherwise wary of entering an arena reserved for the experts, is constrained to entertain the writ petition and grant the necessary relief.”

Case Briefs High Courts

Chhattisgarh HC directs to conduct DNA profiling test of a doctor accused of rape u/s Section 376(2)(n) of IPC

“The petitioner, petitioner’s husband along with both the daughters are living together in love, care and harmony and pray that a direction be issued to the concerned authorities to conduct DNA profile test of Respondent 3 including the petitioner and her daughter.”

presumption of correctness revenue records

Cases Reported Never Reported Judgments

Never Reported Judgment| Presumption of correctness on revenue records attaches to both earlier and later entries, unless earlier entries expressly declared incorrect [(1952) 2 SCC 574]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on presumption of correctness in revenue records.

Case Briefs High Courts

Delhi HC issues notice in PIL challenging constitutional validity of provisions of Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013

“By excluding persons engaged in cleaning of excreta with the help of protective gear from the definition of ‘manual scavengers’, has deprived them of the benefits pertaining to rehabilitation, scholarships, etc. for which they are equally eligible.”

Business Broadcast News liable for unpaid dues

Case Briefs District Court

Patiala House Court holds Business Broadcast News Pvt. Ltd. liable for unpaid dues due to failure in disputing liability

“Since the defendant failed to respond, the adverse inference would be that the defendant was not disputing the liability, otherwise in ordinary course the defendant would have responded disputing liability.”

Case Briefs High Courts

‘Heart breaking, nerve cracking incident’: Rajasthan HC grants Rs. 4 lakh compensation to a woman who gave birth to twins in middle of the road

“There can be no second opinion that preservation of human life is of paramount consideration. This is so on account of the fact that once life is lost, the status quo ante cannot be restored as resurrection is beyond the capacity of man.”

Case Briefs High Courts

Andhra Pradesh High Court directs Chittor District Collector to ensure no illegal sand mining is permitted at bed of River Neena

“The PIL has been filed highlighting the inaction of the Mines and Geology Department and other agencies to check illegal sand mining being conducted by unscrupulous elements in the River Neeva in Chittoor District and particularly in SettiappamThangal Village, Ananthapuram Panchayat.”

Case Briefs High Courts

[Higher Judicial Service Examination] Rajasthan HC directs Examination Cell to constitute an Expert Committee of eminent Jurists/Professors for examination of copies

“Getting few answer-sheets evaluated by an Expert Committee would do justice not only to the Examinees, but to the Examiners as well.”

Case Briefs High Courts

‘Life threatening nature of cardiac issues cannot be equated with other illnesses’; Delhi HC grants three months interim bail to PMLA accused having severe medical issues

“Each passing moment in the face of cardiac distress is fraught with the peril of irreversible harm, and in case of any eventuality that may occur in applicant not getting proper and specialised treatment, this Court will have to bear the weight of regret.”