Deeksha, Author at SCC Times

S. 14(1) HMA | Court’s discretion to allow divorce plea in 1 year of marriage, only if substantiated with separate application seeking permission to file for divorce

The statutory mandate under Section 14 of the HMA serves a crucial purpose in discouraging hasty dissolution of marriages and ensuring due deliberation before seeking divorce.

Case Briefs Supreme Court

‘Not enough material to upset Trial Court’s acquittal order, especially when there was no evidence regarding death being result of homicide’; SC sets aside husband’s conviction under S. 302 IPC

The High Court unfortunately reversed the acquittal without anything other than a finding on alibi having not been proved and the accused not having offered any explanation regarding the death of the deceased, which occurred while they were living together.

Case Briefs High Courts

‘Failed to seek report of Prison Superintendent; District Judge’s opinion reflected Trial Court’s order’; Meghalaya HC allows remission of murder convict’s life sentence

While passing the impugned remission decision, the Presiding Officer could not have relied on the opinion of the District Judge, and such impugned order was passed on a wrong premise.

Appointments & Transfers News

Government appoints AOR Abhikalp Pratap Singh as Standing Counsel for Meghalaya before SC

He also serves as Government Counsel for the States of Maharashtra and Madhya Pradesh before the Supreme Court.

Case Briefs Supreme Court

‘Contribute to legal system instead of fighting cases against each other’; SC quashes cross FIRs & proceedings ending dispute between 2 Kodaikanal lawyers

“Even if the litigants do not understand what is in their best interest, it is the duty of the Court to deliver substantial justice.”

Case Briefs High Courts

[NDPS] Law does not sanction indefinite retention of property; should not be subjected to unnecessary deterioration: Orissa HC

“If left unattended indefinitely, the vehicle will inevitably suffer structural degradation, mechanical wear, and a substantial diminution in both its functional utility and economic value, rendering it unfit for future use.”

Case Briefs High Courts

‘Husband is entitled to peace and emotional relief that can only be found in dissolution of this broken bond’: Orissa HC upholds divorce on grounds of cruelty by wife

“From physical assaults and verbal abuse to repeated acts of financial control and emotional blackmail, the husband was subjected to a state of perpetual distress, where fear and anxiety overshadowed any hope of marital peace.”

Case Briefs Supreme Court

‘If intention was to kill, there was no reason not to use sharp side of axe’; SC converts nephew’s conviction from under S. 302 to S. 304 Part I of IPC in uncle’s killing

“Merely because the witnesses are relatives of the deceased, and as such are interested witnesses, that alone cannot be a ground to discard their testimony. The only requirement is that the testimony of such witnesses has to be scrutinized with greater caution and circumspection.”

Case Briefs Supreme Court

‘Alleged offence was repeated thrice in the same manner, when woman willingly accompanied accused to hotel room’: SC quashes rape case against 22-year-old man

“There was no promise of marriage to coerce consent from the complainant for sexual intercourse.”

Case Briefs Supreme Court

‘Mere presence at the spot, or arrest therefrom, not sufficient to prove that they were part of unlawful assembly’; SC acquits 6 in 2002 Gujarat Riots Case

“In cases of group clashes where a large number of persons are involved, an onerous duty is cast upon the Courts to ensure that no innocent bystander is convicted and deprived of his liberty.”

Case Briefs Supreme Court

Read why SC refused bail to retired IAS Pradeep Nirankarnath Sharma in illegal land allotment case

The Court also refused to issue a blanket direction restraining the registration of FIRs against him or mandating a preliminary inquiry in all future cases involving him, opining that such a direction would not only be contrary to the statutory framework of the CrPC but would also amount to judicial overreach.

Hot Off The Press News

Delhi High Court Bar Association gets new panel with Senior Advocates N Hariharan and Sacchin Puri as President and Vice President respectively

The DHCBA elections took place on 21-03-2025 by ballot.

Case Briefs High Courts

‘Jesus Christ taught us to forgive’: Meghalaya HC accepts Don Bosco management’s apology for demolishing building which was under consideration for ‘heritage building’

“Jesus Christ preached that the satisfaction one gets out of forgiveness is much more than what is reached by inflicting the pain of punishment.”

Hot Off The Press News

CJI constitutes 3-member committee to inquire cash-in-house row; Justice Yashwant Varma signals conspiracy to frame and malign him

Chief Justice of Delhi High Court Devendra Kumar Upadhyaya has been directed to not assign any judicial work to Justice Yashwant Varma.

Hot Off The Press News

Supreme Court initiates enquiry against Delhi HC Judge Yashwant Varma over alleged cash-in-house row

Reports suggest that the cash was found when a fire brigade reached Justice Varma’s residence to douse a fire. Allegedly Justice Varma was not at his residence then.

Case Briefs Supreme Court

Only arguing counsel appearing physically and assisting counsel will be recorded in appearance; Senior Advocate shall not appear without AOR: Supreme Court

“A right of an Advocate to appear for a party and to practice in the Courts is coupled with the duty to remain present in the Court at the time of hearing, and to participate and conduct the proceedings diligently, sincerely, honestly and to the best of his ability. Rights and duties are two sides of the same coin, and they are inherently connected with each other.”

Case Briefs Supreme Court

Can Section 138 NI Act proceedings be quashed against former director of company, suspended from his position on appointment of IRP? SC answers

The immunity granted by the moratorium order issued under Section 14 of the IBC can only be obtained by a corporate debtor and not by a natural person such as the present accused, who was the Director of the corporate debtor.

Case Briefs Supreme Court

Motor Vehicle Accident | SC gives wider interpretation to ‘legal representative’, includes financially dependent father & younger sister while enhancing compensation

A legal representative is one, who suffers on account of death of a person due to a motor vehicle accident and need not necessarily be a wife, husband, parent or child.

Case Briefs Supreme Court

‘Funds available in liquidation proceedings cannot be directed for payment of unearned income due to large number of claims’; SC dismisses DDA’s plea in lease matter

The Court also held that the auction purchaser was not entitled to either ownership or leasehold rights in respect of the plot and could not claim to be a lessee as the lease in terms of the lease agreement entered into by the DDA was never executed.

Case Briefs High Courts

Section 25(2) of HMA | Court can modify and grant maintenance exceeding the claimed amount upon proof of material change in circumstances: Orissa High Court

“The judicial discretion must be exercised to provide a fair and just maintenance amount, considering the dependent’s actual needs and the payer’s financial capability, even if the claim was initially understated.”