Deeksha, Author at SCC Times

Inside Supreme Court’s decision on principles of Adverse Possession and Limitation in property disputes

“A person claiming adverse possession should show, as to on what date he got the possession; the nature of his possession; whether the factum of possession was known to the other party; how long his possession has continued; and that his possession was open and undisturbed.”

Disqualification for having more than 2 children

Case Briefs Supreme Court

SC upholds disqualification for police constable post for having more than 2 children

Rule 24(4) of the Rajasthan Police Subordinate Service Rules, 1989 provides that “no candidate shall be eligible for appointment to the service who has more than two children on or after 01-06-2002”.

Case Briefs High Courts

‘Issuance of Rule Nisi and posting bail applications after weeks without adverting to merits be curbed immediately’; Directions in Satender Kumar Antil to be followed: Gujarat HC

“The bail applications should be disposed of within two weeks and applications for anticipatory bail are to be disposed of within six weeks”.

Case Briefs High Courts

Fake Doctors | Orissa HC asks Odisha Council for Medical Registration President to appear in person for explaining effective solutions

The Additional Chief Secretary to Government, Health and Family Welfare Department, was previously directed to come up with a comprehensive plan for conducting a survey to ascertain that every allopathic doctor practicing in Odisha possesses proper and relevant qualification.

Events/Webinars News

“Arbitration to be appropriate dispute resolution rather than alternative dispute resolution”: Avnit Singh, Director, MoLJ

IIAM organized a Panel Discussion on “Future-Proofing Investments: Trends in Arbitration discussion, graced by Justice Sudhanshu Dhulia, Judge, Supreme Court of India and Justice S.R. Bhat, Former Judge, Supreme Court of India.

fictional video against Rahul Gandhi on Black and white

Case Briefs Tribunals/Commissions/Regulatory Bodies

NBDSA directs Aaj Tak to remove fictional video against Rahul Gandhi aired on Black and White show

The depiction of a robber and its imputation concerning Rahul Gandhi’s conviction, was not in good taste and should have been avoided and the broadcaster should be careful while airing such fictional videos in future.

Case Briefs Supreme Court

‘District Collectors summoned under S. 50 PMLA to respect and respond to summons’; SC stays Madras HC decision staying summons by ED

The District Collectors of several Districts of Tamil Nadu were summoned by the Directorate of Enforcement for various offences under the IPC and the Prevention of Corruption Act, 1988, including some of them being scheduled offences.

Case Briefs High Courts

Orissa HC orders arrest of Vessel at Paradip Port for unpaid berth hire charges and penalty of about 8 crores

Paradip International Cargo Terminal Pvt. Ltd. sought arrest of the cargo vessel for the unpaid dues of about 7.95 Crores towards the berth hire and penal berth hire charges.

Case Briefs Supreme Court

Multiple reasons possible for marriage proposal not reaching desired end; SC quashes S. 417 case against man for lack of intention to cheat

“To make out an offence under cheating the intention to cheat or deceive should be right there from the beginning”.

Case Briefs Supreme Court

Whether non-disclosure of criminal case in job verification form is always fatal to candidate’s employment? Supreme Court answers

“Broad brushing every non-disclosure of criminal case as a disqualification from the recruitment will be unjust.”

High Court Round Up Legal RoundUp

HIGH COURT FEBRUARY 2024 WEEKLY ROUNDUP| Stories on Ram Ki Janmabhoomi; Formula 4 Race; Class XII Exam; Freedom Fighters Pension and more

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

Case Briefs High Courts

Manipur High Court deletes its 2023 direction for considering inclusion of Meitei Community in Scheduled Tribe list

The Manipur High Court vide order dated 27-03-2023 directed the State to consider the inclusion of the Meitei Community in the Scheduled Tribe list, expeditiously, preferably within a period four weeks from the date of order.

Case Briefs High Courts

No recovery of excess payment from employee’s leave encashment benefit after retirement in case payment was made due to employer’s fault: Orissa HC

“The employer authority erred in deducting the excess payment made to the Government employee from his leave encashment benefits and thus, the action was not acceptable and the same was invalidated”.

Acquits man accused of killing 2.5-yr-old nephew

Case Briefs Supreme Court

Man accused of killing 2.5-yr-old nephew to walk free after 21 years as SC sets aside High Court’s decision reversing acquittal by Trial Court

“The High Court, in exercise of appellate powers, may reappreciate the entire evidence, however, reversal of an order of acquittal is not to be based on mere existence of a different view or a mere difference of opinion”.

Case Briefs Supreme Court

‘NFSA and welfare Schemes already in force’; SC leaves open to States/UTs to explore alternative welfare scheme; refuses to direct setting up Community Kitchens

Directions were sought from the Supreme Court against the States to formulate scheme for community Kitchens to combat hunger, malnutrition and starvation and the deaths resulting thereof.

candidate denied appointment as primary teacher

Case Briefs Supreme Court

‘Classic case of Arbitrary action’; SC directs Institute to pay 1 lakh compensation to candidate who was denied primary teacher position in 2017

The primary duty of the Constitutional Courts is to maintain a check on arbitrary use of power, including setting aside illegal administrative actions and take secondary measure of addressing the injurious consequences arising from arbitrary and illegal actions.

Case Briefs High Courts

‘No claim certificate’ by a party does not automatically render dispute non-arbitrable: Gujarat HC

“If the Court reaches a clear conclusion that there is not even a vestige of doubt that the claim is non-arbitrable, it may refuse to refer the dispute to arbitration, otherwise, the rule is to refer the dispute to arbitration”.

Case Briefs High Courts

Gujarat High Court directs NCLT Ahmedabad to permit use of electronic devices during hearings

A notice was posted outside the Court room by the NCLT, Ahmedabad prohibiting the use of mobile phones and other electronic devices.

Lok Sabha Privileges proceedings against West Bengal officials

Case Briefs Supreme Court

[Sandeshkhali protests] SC stays Lok Sabha Privileges proceedings against West Bengal Chief Secretary and other officials on BJP’s Sukanta Majumdar’s complaint

Sukanta Majumdar, Bharatiya Janata Party’s President in West Bengal alleged that he was mistreated during the Sandeshkhali protests.

Case Briefs High Courts

Reasonable opportunity should be given to accused to fulfill conditions of bail: Orissa High Court

Bail was granted to the accused on 03-10-2023, however, the bail bond was not accepted by the Trial Court for a delay of three days in complying with the conditions of bail.