Arushi, Author at SCC Times

‘No allegations of tampering with evidence or threatening any person’: Delhi HC grants anticipatory bail to accused persons u/s 336 and 436 of IPC

“Applicants herein have joined investigation, as and when directed by the IO and there are no allegations of tampering with evidence or threatening any person associated with the case.”

Case Briefs High Courts

Delhi High Court allows Ukrainian woman to take her minor son back home who was brought to India by her former husband

“We do not think that it would be in the best interest of the minor child, who is currently five years old, to be separated from his mother and his elder sister, who are living in Vinnytsia, Ukraine.”

Case Briefs High Courts

Issue of non-signatory guarantor to be impleaded as party to arbitration is for arbitral tribunal to decide: Delhi High Court

“Prima facie, Respondents 3-5 are a veritable party to the loan agreement as they are connected with the loan documents and form part of the loan transaction.”

Case Briefs High Courts

JNUSU Elections| Delhi HC appoints former Supreme Court Judge Justice V. Ramasubramanian as observer to oversee functioning of election committee

“In view of the election schedule that is notified on 10-03-2024, the Grievance Redressal Cell is directed to complete the exercise and pass a reasoned order prior to declaration of the final results.”

Case Briefs High Courts

Unsuccessful candidates cannot turn around and question selection method/eligibility qualification of examination: Chhattisgarh HC

“The petitioners took a calculated chance to get a berth in the said recruitment but finding that they are not selected, they decided to file writ questioning the Rule that it is not in accordance with law.”

deprecatory reference to persons with disability in Aankh Micholi movie

Case Briefs Supreme Court

Deprecatory portrayal of disability in film ‘Aankh Micholi’: Supreme Court seeks Centre’s response on Certification of films involving Differently Abled Persons

The petitioner has contended that there is a distinction between making a comedy of a situation (which is permissible) and making a comedy of a condition of disability.

Case Briefs District Court

Tis Hazari Court denies interim maintenance to wife who was found capable of maintaining herself

“With regard to the maintenance of the child, this court is of the view that in the presence of biological father of the child, the stepfather cannot be asked to maintain the child.”

Case Briefs High Courts

‘Adolescent love cannot be controlled by the Courts’; Andhra Pradesh High Court grants bail to POCSO accused

“In the case of lack of inducement or threat, the Court must be conscious of the fact that they are not dealing with criminals.”

Case Briefs High Courts

‘Open jail provides a congenial atmosphere’; Chhattisgarh HC registers suo motu PIL regarding feasibility of open jails in State

“When a criminal/offender is confined in jail, it is not only the person who had committed the crime suffers, but at times, when the said offender is also the sole bread earner of the family, the entire family suffers.”

Case Briefs High Courts

Mother and father are equally entitled to recognition as child’s parents; Delhi HC directs GGSIPU to include mother’s name in degrees/certificates

“It would be clearly retrogressive if educational certificates, degrees and other such documents reflect the name only of the father of a candidate, eliminating the name of the mother.”

language in document cannot be pressed over strong contrary evidence

Cases Reported Never Reported Judgments

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.”