Deeksha, Author at SCC Times

‘Right of child precedes parents’ guilt’; Orissa HC restores custody of infant girl with biological parents accused of abandoning her and kidnapping male child from hospital

“The inalienable rights of the infant child supersede all the attending adverse circumstances alleged against the biological parents of the baby. Notwithstanding the pendency of the criminal proceeding, the petitioners were entitled to claim custody of the infant being biological parents under the ‘tender years doctrine’.”

Legal RoundUp Supreme Court Roundups

Supreme Court Roundup January 2025 | Stories on Toilets in Courts; Royalty on Brick Earth; Misuse of S. 306 IPC; Tahir Hussain’s bail plea; Scope of HCs Jurisdiction; and more

Key rulings and landmark decisions from January 2025 shaping the legal landscape, including the spotlight on Supreme Court Judges from our ‘Know Thy Judges’ Feature.

Case Briefs High Courts

Meghalaya HC issues contempt notice to Don Bosco Technical School management for demolishing School building which was under consideration for ‘heritage building’

“Perplexed and shocked at the most daring act committed by the management of the St. Anthony’s Lower Primary School.”

Hot Off The Press News

Experts’ Views on Union Budget 2025: Read what Industry Experts say on Taxation, Schemes, Government Initiatives, Agriculture, Energy Sector and more

Industry experts seem cautiously optimistic, acknowledging the budget’s potential to foster long-term economic resilience while urging attention to execution.

Hot Off The Press News

Art. 224-A | Supreme Court allows appointment of Judges to High Courts on ad-hoc basis; Relaxes conditions considering high pendency of cases

Earlier in 2021, the Court issued guidelines and “trigger points” for the activation of dormant Article 224-A of the Constitution of India.

Case Briefs Supreme Court

SC directs Union to constitute Committee to consider legal framework for benefit, protection & regulation of domestic workers’ rights

“No effective legislative or executive action in furtherance of enacting a statute, which could prove to be a boon to millions of vulnerable domestic workers across the country, has been undertaken as of now. Over and above the absence of any legislation protecting their interests, domestic labourers also find themselves excluded from existing labour laws.”

Case Briefs Supreme Court

Supreme Court upholds Trial Court’s decision acquitting 3 Constables in 20 year old Murder case

“It must be established that all the accused had preplanned and shared a common intention to commit the crime with the accused who has actually committed the crime.”

Case Briefs Supreme Court

SC confirms man’s conviction under S. 498A IPC and S. 4 of DP Act in 19-year-old dowry case; reduces sentence to time served in custody

The Court considered that the complainant-wife had re-married and settled abroad. However, directed for compensation of Rs. 3,00,000/- to the former wife in view of the harassment which she was subjected to.

Case Briefs Supreme Court

‘Frequent interference with arbitral awards would defeat purpose of 1996 Act’; SC reiterates narrow scope of appellate court’s power under S. 37

“Section 37 of the 1996 Act grants narrower scope to the appellate court to review the findings in an arbitral award if it has been upheld or substantially upheld under Section 34.”

Case Briefs Supreme Court

Know why SC allowed private complaint for offence of false evidence before a Tribunal, considering it as the only remedy

Supreme Court set aside the High Court’s decision quashing the private complaint and concluding that the alleged offences under Sections 193, 199 and 200 of the IPC were such, on which the complaint could have only been filed by the Court following the route under Section 195 read with Section 340 of the CrPC.

Case Briefs Supreme Court

Read why SC held that State Government can levy royalty on production and disposal of brick earth being a minor mineral

On 01-06-1958, the Government of India published a notification in the exercise of powers conferred under Section 3(e) of the Mines and Mineral (Regulations and Development) Act, 1957 by which brick earth was declared a minor mineral within the meaning of the 1957 Act.

Case Briefs Supreme Court

‘Acts of accused were too remote and indirect to constitute offence under S. 306 IPC’; SC quashes proceedings against mother accused of abetting suicide of son’s girlfriend

“A remark such as asking the deceased to not be alive if she cannot live without marrying her lover will also not gain the status of abetment. There needs to be a positive act that creates an environment where the deceased is pushed to an edge in order to sustain the charge of Section 306 IPC.”

Legislation Updates Statutes/Bills/Ordinances

Union-Budget 2025-26 | Read insights from the industry experts on expectations from Finance Bill 2025

India approaches the Financial Bill 2025

Case Briefs Supreme Court

‘Litigant cannot claim negative discrimination seeking direction to department to act in violation of statutory Rules’; SC rejects retired peon’s plea for promotion to Tracer post

The appellant’s case was that the similarly placed employees were promoted as Tracer from the post of Peon. Hence, looking at the discrimination, her case deserved to be considered.

Case Briefs Supreme Court

‘Government officials stooped too low to punish a senior doctor on the verge of retirement’; SC sets aside penalty of 2% pension cut imposed in disciplinary action

“While it is true that principles of natural justice supplement, and not supplant, the law, such principles have been declared by the Court to be a constituent feature of Article 14. Validity of any disciplinary action, whenever questioned, has to be tested on the touchstone of Articles 14, 16 and 21 as well as Article 311(2), wherever applicable.”

Convert conviction from S. 302 to S. 304

Case Briefs Supreme Court

Read why Supreme Court turned conviction of two brothers from S. 302 to S. 304 Part I of IPC in 23-year-old co-villager’s murder case

“The requirement of law in criminal trials is not to prove the case beyond all doubt but beyond reasonable doubt and such doubt cannot be imaginary, fanciful, trivial or merely a possible doubt but a fair doubt based on reason and common sense.”

Case Briefs High Courts

Orissa HC rejects NEET-UG candidate’s plea who lost Govt. college MBBS seat due to technical glitch in MCC’s Mop-up Counselling Round

The question of the technical glitch was a disputed question of fact, hence, the Court refused to enter into such a disputed question of fact in a proceeding under Article 226.

Hot Off The Press News

Supreme Court upholds Jharkhand HC’s decision quashing FIR against MPs Nishikant Dubey and Manoj Tiwari in 2022 Deoghar airport case

They were accused of entering Air Traffic Control and forcing the personnel to give clearance for an unscheduled night flight.

Case Briefs Supreme Court

Supreme Court breaks down Order II Rule 2 of CPC, discusses general principles underlying its operation

“The stage at which the first suit is, would not be a material consideration in deciding the applicability of the bar under Order II Rule 2. What needs to be looked into is whether the cause of action in both suits is one and the same in substance, and whether the plaintiff is agitating the second suit for claiming a relief that was very well available to him at the time of filing the first suit.”

Case Briefs High Courts

‘Chastity of woman is priceless possession, if husband doubts wife’s character without proof, she has enough reason to live separately’; Orissa HC

In the matter at hand, the Family Court ordered for payment of Rs. 3,000/- maintenance. The High Court noted that without producing any proof of the infidelity of his wife, the husband simply character assassinated his wife.