Arushi, Author at SCC Times

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.”

Case Briefs High Courts

Maintenance order passed without filing statements of assets and liabilities by wife not illegal, if income not specifically denied by husband: Andhra Pradesh HC

“The petitioner submitted that the Trial Court erred in allowing the petition even without filing the statement of assets and liabilities and the respondent herself deserted the petitioner and yet, sought maintenance, therefore, she is not entitled to claim any interim maintenance.”

Case Briefs High Courts

Delhi HC refuses concerns against Anant Ambani-Radhika Merchant wedding venue, says ‘pure apprehension that injury may be caused to animals’

“It is submitted that a one-time private, and non-commercial event is being held at various locations in the complex and there is no provision contained in any law, that prohibit Respondents 3 and 4 from inviting guests to view their facilities, especially for non-commercial purposes.”

Case Briefs High Courts

Rajasthan HC directed Chief Secretary to constitute committee for providing ‘Jyoti Yojna’ benefits to every woman who underwent sterilization after giving birth to one/two girl child

“Legitimate expectation is considered to be a part of the principles of natural justice. This doctrine will be applicable, if by reasons of existing state of affairs, a party is given to understand that the other party shall not take away the benefit without complying with the principles of natural justice.”

Case Briefs High Courts

Delhi High Court directs IBBI to frame code of conduct for effective working of Committee of Creditors

“The need for a code of conduct assumes greater importance in light of the fact that once a decision is taken by the CoC, the aggrieved party is deprived of the legal remedies, except to a limited extent.”

Case Briefs High Courts

Widowed daughter-in-law is included in definition of dependant; can seek compassionate appointment under Rajasthan Compassionate Appointment Rules, 1996: Raj HC

“In the society a daughter-in-law, may she be widow, is always treated as an integral member of the family and she possesses all honour as well as the responsibilities of the household.”

Case Briefs High Courts

Municipal authorities cannot be expected to wipe out all stray animals from roads; duty is to take sincere steps to ensure animals are rehabilitated: Delhi HC

“The duty of the municipal authorities is to take concerted, sincere and optimum steps to ensure that such animals are rehabilitated and do not possess a menace to residents of Delhi or to the traffic plying on the roads.”

Case Briefs High Courts

Andhra Pradesh High Court grants bail to accused who allegedly stabbed Chief Minister YS Jagan Mohan Reddy in 2018

“Right to speedy trial is implicit in the broad sweep and content of Article 21 of the Constitution. A quest for speedy trial shall not remain as a desolate mirage but serve as an oasis.”

Case Briefs High Courts

Controller of Legal Metrology competent authority to fix jurisdiction of license; can restrict license to one city: Andhra Pradesh High Court

“The Gazette notification dated 07-05-2015 and proceedings 09-06-2016, are not violative of Article 19(1)(g) of the Constitution and do not infringe the petitioner’s fundamental to carry on his business in a particular District.”

vague uncertain agreements not capable of specific performance

Cases Reported Never Reported Judgments

Never Reported Judgment| Vague and uncertain agreements in a contract are not capable of specific performance [(1952) 2 SCC 547]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on specific performance of contract.

Case Briefs High Courts

‘Right to health, heritage and culture must be harmonised and balanced’; Delhi High Court in a petition seeking to desist from demolishing religious structures

“The petitioner submitted that Dargahs and surrounding monuments ought to be protected as they are of historical, artistic and archaeological interest. Further, the sites in question have been noted in authoritative studies, thus eliminating any question of encroachments.”