Arushi, Author at SCC Times

Not permissible to conduct mini-trial u/s 482 of CrPC to determine if an allegation constitutes an offence: Himachal Pradesh High Court

“The fact that the Trial Court had not issued the summons under all the Sections mentioned in the complaint and had given the reasons, negate the plea of the petitioners that the Trial Court had not applied its mind while issuing the summons.”

Case Briefs High Courts

Calling a person corrupt per se defamatory ; Himachal Pradesh High Court sets aside the Trial Court order

“Granting the right to abuse and defame a person will not make a democracy healthy and vibrant but will turn it into a mudslinging arena where the opposition and dissent will be crushed by abuses and slurs.”

Case Briefs High Courts

Delhi High Court quashes charges under Prevention of Money Laundering Act against doctor accused of being involved in illegal kidney transplantation racket

“It was also alleged that illegal kidney transplantation was the only occupation of the petitioner, and his entire earnings were from this source only.”

Case Briefs High Courts

‘Case of twin promise of marriage’; Delhi HC directs Sessions Court to frame rape charges against a man for allegedly making false promise of marriage to a woman

“The cases involving emotional situations where the parties of the story have taken decisions and acted upon them on the basis of peculiar circumstances of their lives, have to be adjudged and adjudicated according to their own peculiarity and situational dissection of facts.”

Case Briefs High Courts

Child victim had to suffer untold miseries; Himachal Pradesh HC grants compensation to minor rape victim after hospital asks demeaning questions, conducts two-finger test

“The torment on the victim has the potentiality to corrode the poise and equanimity of any civilized society. It has been rightly said that whereas a murderer destroys the physical frame of a victim, a rapist degrades and defiles the soul of a helpless female.”

Case Briefs High Courts

True love between individuals cannot be controlled through State action; Delhi HC quashes FIR against a man who eloped with an alleged minor girl

“In the present case, the future of families of the parties and the two daughters born out of this wedlock, and their beautiful harmonious life, they have built together in the last nine years, is at stake and dependent on the outcome of the present petition.”

Case Briefs High Courts

Himachal Pradesh High Court stays registration of contempt of court case against HPNLU Vice Chancellor

“Prima facie, even before the registration of contempt case against the Vice Chancellor of Himachal Pradesh, National Law University, Single Judge could not have given a finding that she had committed wilful disobedience of the Court’s order.”

maintenance Hindu widows joint family property

Cases Reported Never Reported Judgments

Never Reported Judgement| Maintenance for Hindu widows in joint family property does not necessarily include conveyance of property in their favour [(1952) 2 SCC 478]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on maintenance of Hindu widows in joint family property.

Case Briefs High Courts

[Contempt of Court] Delhi High Court sentences advocate to six months in jail for making scandalous, unwarranted and baseless imputations against Judges

“It is incumbent upon the Courts of justice to check such actions with a firm hand which otherwise will have pernicious consequences.”