Deeksha, Author at SCC Times

Whether accused under custody in one case can seek anticipatory bail for another case? Orissa HC answers

“The investigating agency, if it feels necessary for the purpose of interrogation, can seek remand of the accused whilst he is in custody in connection with the previous case and if such order granting remand is passed, it would no longer be open to the accused to seek anticipatory bail, but he can seek regular bail.”

Hot Off The Press News

[EVM-VVPAT verification case] Supreme Court rejects plea for 100% EVM-VVPAT verification and paper ballot voting

The Court gave directions for seal of symbol loading, after completion of the symbol loading process.

Employer’s financial capacity factor in fixing wage

Case Briefs Supreme Court

‘Employer’s financial capacity is a strong factor and cannot be ignored in fixing employee’s wage structure’: SC

The application of industry-cum-region test is the standard criteria, followed by the industrial adjudicator, while determining the revision of wages and other facilities, which implies that the prevailing pay and other allowances should be compared with equally placed or similarly situated industrial units in the same region.

Case Briefs Supreme Court

‘HC ignored evidence indicating complicity’; SC sets aside order quashing FIR against Police Official accused of taking bribes

An FIR was registered against the ASI and the Police Inspector, alleging the demands for bribe and providing a chargesheet in lieu of Rs.80,000/-.

Pernod Ricard's penalty for loss of liquor in transit

Case Briefs Supreme Court

SC allows Pernod Ricard’s appeal against higher penalty for loss of liquor in transit; Holds substituted Rule applicable for deciding quantum of penalty

“A repealed provision will cease to operate from the date of repeal and the substituted provision will commence to operate from the date of its substitution.”

Case Briefs High Courts

National Green Tribunal seeks response from States/ UTs on encroachment of forests

A news piece titled “Forest land five times Delhi’s geographical area under encroachment govt. data shows”, led NGT to take up the matter suo motu.

Hot Off The Press News

Supreme Court suspends Congress MLA Mohammed Moquim’s sentence in ORHDC Loan Fraud Case

Vide order dated 16-04-2024, the Supreme Court had exempted Mohammed Moquim from surrendering till the next date of hearing.

High Court Round Up Legal RoundUp

HIGH COURT APRIL 2024 WEEKLY ROUNDUP| Stories on Right to sleep, Ayushman Bharat Scheme; Gaurav Bhatia; Dominos Trade Mark; Bigg Boss; and more

A quick legal roundup to cover important stories from all High Courts this week.

statement before NDPS official inadmissible

Case Briefs Supreme Court

SC sets aside 21-year-old conviction based solely on inadmissible statement made before NDPS official under Section 67 of NDPS Act

In Tofan Singh v. State of Tamil Nadu (2013) 16 SCC 31, it was held that officers authorised under Section 53 of the NDPS Act were ‘police officers’ and the statements made to them under Section 67 were inadmissible in evidence.

Case Briefs Tribunals/Commissions/Regulatory Bodies

S. 269-SS of Income Tax Act not applicable to receipt of sale consideration of immovable property in cash but only on loan or deposit: ITAT, Delhi

“Section 269-SS of the Income Tax Act, 1961 has a specific bar on receiving a sum more than 20,000/- from any other persons by way of loan or deposit.”

Permission for election yatras in Lok Sabha elections

Hot Off The Press News

S.144 CrPC amidst Lok Sabha Elections| Applications seeking permission for public gatherings, election awareness yatras to be decided within 3 Days: SC

Blanket orders under Section 144 of the CrPC was issued for the whole duration of the elections by the Election Commission, prohibiting all assemblies, meetings, demonstrations, etc.

guidelines for trial of deaf and mute persons

Case Briefs Supreme Court

SC to consider framing guidelines and parameters for trial of deaf and mute persons

The Supreme Court noted that the guidelines for conducting trial against persons who are deaf and mute, but otherwise of sound mind to commit a heinous offence, were not laid down by the Court.

Case Briefs Supreme Court

Candidature rejected for late submission of OBC certificate| SC grants ad interim relief, allows participation in selection process of Navik in Indian Coast Guard

The candidate had secured 88 marks, which was more than the cut-off of 84 marks in the ‘general category’ and 82 marks in the ‘OBC category’.

Case Briefs Supreme Court

Supreme Court verdict on ‘confiscation’ under Gujarat Prohibition Act and application of S. 451 CrPC on seized property

“Approaching the High Court directly under Articles 226/227 of the Constitution seeking release of the seized vehicle without approaching the Magistrate under Section 451 of the CrPC is not proper course of action.”

Case Briefs District Court

[Bumble Rape Case] Delhi Court sets aside order taking cognizance for want of relevant sections; Remands matter for fresh detailed order

The FIR found its basis in the allegations that on the pretext of marrying the complainant, the accused person committed rape with her and threatened to kill her.

Arvind Kejriwal’s arrest in Delhi Excise Liquor Policy

Hot Off The Press News

[Delhi Excise Liquor Policy] | Supreme Court issues notice to ED on Arvind Kejriwal’s plea challenging arrest

Earlier, the Delhi High Court had dismissed Arvind Kejriwal’s plea against his arrest and opined that the same was not in contravention with law.

chargesheet without FSL report entitle accused to] default bail

Case Briefs Supreme Court

Whether chargesheet filed without FSL report amounts to incomplete chargesheet and entitles accused to default bail? SC refers to larger bench

The matter has been placed before the Chief Justice of India for considering tagging it with Directorate of Enforcement v. Manpreet Singh Talwar [SLP(Crl.) No.5724 of 2023], wherein similar question is still pending before a three-Judge Bench of the Court.

High Court Round Up Legal RoundUp

HIGH COURT APRIL 2024 WEEKLY ROUNDUP| Stories on Arrest of Arvind Kejriwal; AMUL as ‘Well-Known Trade mark’; Puthiyakavu Temple blast; and more

A quick legal roundup to cover important stories from all High Courts this week.

Case Briefs High Courts

‘Duty of prosecution to examine Magistrate who conducted TI parade’; Orissa HC acquits dacoity convicts after severe lapses

“Non-examination of the Magistrate strikes a severe blow not only on the prosecution’s case but also on justice as irregularities committed in TI parade cannot be canvassed and discussed by the Trial Court in his absence from the witness box.”

Case Briefs Supreme Court

‘Voter’s right to know not absolute’; SC upholds Karikho Kri’s 2019 election from Tezu Assembly

“Not necessary for a candidate to declare every item of movable property that he or his dependent family members owns, such as, clothing, shoes, crockery, stationery and furniture, etc., unless the same is of such value as to constitute a sizeable asset.”