Devika Sharma, Author at SCC Blog

“Account closed” and Cheque returned: Is it a reason sufficient for convicting a person under S. 138 NI Act? Read detailed decision of CMM Court, Bangalore

Court of XX Addl. Chief Metropolitan Magistrate, Bengaluru City: In light of cheque being returned by the bank due to “Account Closed”

Case Briefs High Courts

Kidnapped or Eloped? Minor alleged to have been kidnapped tracked after almost 4 years: Del HC demystifies whether she ran away on her own or was kidnapped

Delhi High Court: Subramonium Prasad, J., granted bail to a person accused of kidnapping a minor, which eventually in view of the

Case Briefs High Courts

Charge Sheet Filed, but no arrest, instead interim protection granted: Read Del HC’s decision in a bail matter

Delhi High Court: Rajnish Bhatnagar, J., while addressing the allegations of forged agreement, stated that the effect of the same would be

Case Briefs High Courts

Temporary Residence v. Casual Visit | Can Magistrate entertain application under S. 12 DV Act from woman coming to his jurisdiction for casual visit? Is that covered under “temporarily resides”? Bom HC answers

Bombay High Court: Sandeep K. Shinde, J., held that an aggrieved person cannot choose to file a petition under Section 12 of

Case Briefs High Courts

Del HC | Family Judge is supposed to proactively engage with parties and act as facilitator, mediator: HC discussed role of and expectations from a Family Judge

Delhi High Court: Yashwant Varma, J., delved into the subject of the role of a Family Judge while deciding petitions which come

New releases News

Indian Arbitration Law Review [Vol. III, February 2021] — Latest Volume Released

Contents Editorial Note ………………………………………………………………………… ix Articles The Goldfish Model of Arbitration: An ‘Out-Of-Bowl’ Approach to Demystifying Procedural Laws in Commercial Arbitration —Garv

Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

Tribunals/Regulatory Bodies/Commissions Monthly Roundup | November 2021

Here’s a run-through of all the significant decisions covered in the month of November 2021 under the Section of Tribunals/Commissions/Regulatory Bodies.

Case Briefs High Courts

Rape, Murder of Ragpicker: Merely because crime is heinous and brutal, it won’t be just to get carried away sans any legal proof to substantiate charges [Detailed decision of Bom HC]

Bombay High Court: The Division Bench of Sadhana S. Jadhav and Prithviraj K. Chavan, JJ., while addressing an alleged rape and murder

Case Briefs High Courts

Matrimonial issues are generally confined to the bedroom and the matrimonial home, away from public eye and gaze: Will strict parameters of evidence still be followed? Read Del HC’s decision

Delhi High Court: While addressing a matrimonial dispute, Division bench of Vipin Sanghi and Jasmeet Singh, JJ., held that, In cases where

Hot Off The Press News

NHRC issues notice to Bihar Govt. over reported botched up cataract surgeries resulting in removal of eyes of several patients

The National Human Rights Commission, India has taken suo motu cognizance of a media report that the eyes of six patients had

Case Briefs

Maha AAR | Whether GST will be payable on amount collected as fees from ‘Members’ of a ‘Club’ as monthly contribution? Detailed Report

Maharashtra Authority for Advance Ruling: The Bench of Rajiv Magoo, Additional Commissioner of Central Tax (Member) and T.R. Ramnani, Joint Commissioner of

Case Briefs High Courts

Insisting to repair a car borrowed by a friend who met with an accident: Can this be intentionally aiding and abetting to suicide? Madras HC decides

Madras High Court: V Bharathidasan, J., held that, Mere harassment without any mens rea which lead to the suicide would not amount

Case Briefs Tribunals/Commissions/Regulatory Bodies

False assurance given to buyer for delivery of possession while keeping hard-earned money of buyer for 11 years: Commission directs builder to refund amount | Read full decision

Delhi State Consumer Disputes Redressal Commission (DSCDRC): On finding deficiency in providing services, Coram of Dr Justice Sangita Dhingra Sehgal (President) and

Case Briefs High Courts

Harassment to grab senior citizen’s property | 94-year old father approaches Court stating he doesn’t want his daughter even for one-minute longer: Read Bom HC’s decision

Bombay High Court: Noting in case after case, complaints from senior citizens that their own sons and daughters are harassing them, Division

High Court Round Up Legal RoundUp

High Courts Monthly RoundUp — November 2021

Here’s a short recap of what we covered under the High Court’s section on the SCC Online Blog for the month of November.

Case Briefs High Courts

Property of dead person sold in auction: Is it bad in law? All HC elaborates

Allahabad High Court: Siddhartha Varma, J., while deciding a matter with regard to the auction of the property of a dead person

Case Briefs Foreign Courts

Man with autistic disorder expresses desire to engage in sexual relations: Does he understands requirement of ‘consent’ from another sexual partner? UK SC explains

To have capacity to decide to have sexual relations with another person, does a person need to understand that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity?

Case Briefs Foreign Courts

Can a ‘snow clearing’ decision of a city subject it to owing duty of care to a citizen who got injured due to such decision? SC of Canada explains

City of Nelson held responsible for injuries caused by its snow clearing decisions: Is it true? Supreme Court of Canada: While focusing

Case Briefs High Courts

Bom HC on NDPS Cases | When LSD Drug is put on blotter paper, would blotter paper form an integral part of drug? Weight of paper will be considered for determining small or commercial quantity? Read on

Bombay High Court: Addressing a very crucial question having relevance with the Narcotics Drugs and Psychotropic Substances cases, Revati Mohite Dere, J.,

Case Briefs District Court

Direct Theft of Electricity | No electricity meter, No DG set or any other legal means for electricity supply found, claim for settlement with electricity company would be valid way to rebut statutory presumption under Electricity Act? Court explains

Karkardooma Courts, Delhi: Ajay Gupta, Additional Sessions Judge (Electricity) decided a matter wherein a person was found guilty of direct theft of

SCC Blog

“Account closed” and Cheque returned: Is it a reason sufficient for convicting a person under S. 138 NI Act? Read detailed decision of CMM Court, Bangalore

Kidnapped or Eloped? Minor alleged to have been kidnapped tracked after almost 4 years: Del HC demystifies whether she ran away on her own or was kidnapped

Charge Sheet Filed, but no arrest, instead interim protection granted: Read Del HC’s decision in a bail matter

Temporary Residence v. Casual Visit | Can Magistrate entertain application under S. 12 DV Act from woman coming to his jurisdiction for casual visit? Is that covered under “temporarily resides”? Bom HC answers

Del HC | Family Judge is supposed to proactively engage with parties and act as facilitator, mediator: HC discussed role of and expectations from a Family Judge

Indian Arbitration Law Review [Vol. III, February 2021] — Latest Volume Released

Tribunals/Regulatory Bodies/Commissions Monthly Roundup | November 2021

Rape, Murder of Ragpicker: Merely because crime is heinous and brutal, it won’t be just to get carried away sans any legal proof to substantiate charges [Detailed decision of Bom HC]

Matrimonial issues are generally confined to the bedroom and the matrimonial home, away from public eye and gaze: Will strict parameters of evidence still be followed? Read Del HC’s decision

NHRC issues notice to Bihar Govt. over reported botched up cataract surgeries resulting in removal of eyes of several patients

Maha AAR | Whether GST will be payable on amount collected as fees from ‘Members’ of a ‘Club’ as monthly contribution? Detailed Report

Insisting to repair a car borrowed by a friend who met with an accident: Can this be intentionally aiding and abetting to suicide? Madras HC decides

False assurance given to buyer for delivery of possession while keeping hard-earned money of buyer for 11 years: Commission directs builder to refund amount | Read full decision

Harassment to grab senior citizen’s property | 94-year old father approaches Court stating he doesn’t want his daughter even for one-minute longer: Read Bom HC’s decision

High Courts Monthly RoundUp — November 2021

Property of dead person sold in auction: Is it bad in law? All HC elaborates

Can a ‘snow clearing’ decision of a city subject it to owing duty of care to a citizen who got injured due to such decision? SC of Canada explains

Bom HC on NDPS Cases | When LSD Drug is put on blotter paper, would blotter paper form an integral part of drug? Weight of paper will be considered for determining small or commercial quantity? Read on

Direct Theft of Electricity | No electricity meter, No DG set or any other legal means for electricity supply found, claim for settlement with electricity company would be valid way to rebut statutory presumption under Electricity Act? Court explains

Popular on scc online blog

Dishonour of Cheque | Not filling details in cheque, Non-filing of ITR by complainant, Handing over cheque as security, etc.: Delhi Court discards all defence, orders conviction under S. 138 NI Act

Does an arbitration clause in an agreement bar consumer forum’s jurisdiction? NCDRC answers relying on SC decision

If a wife is able to maintain herself and continue with same lifestyle as she was accustomed to in matrimonial home, can she still be granted maintenance? Court deciphers

Law on appointment of arbitrator | What happens if parties fail to agree on arbitrator within 30 days from receipt of request by one party? Del HC explains

If a cheque was issued in favour of complainant, would she still be required to prove loan transaction as she would have been in civil trial recovery? Court explains

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Dishonour of Cheque | Not filling details in cheque, Non-filing of ITR by complainant, Handing over cheque as security, etc.: Delhi Court discards all defence, orders conviction under S. 138 NI Act

[MTP Act] Infringement of fundamental right to life of the victim heavily outweighs the right to life of the child in womb; Ori HC refuses to terminate 24+ week pregnancy of a rape victim

Harassment to grab senior citizen’s property | 94-year old father approaches Court stating he doesn’t want his daughter even for one-minute longer: Read Bom HC’s decision

POCSO | Putting penis into mouth will fall under which category – Aggravated Sexual Assault or Penetrative Sexual Assault? All HC answers

Land Acquisition| Right under Section 5A of 1894 Act to stave off compulsory acquisition cannot be unjustifiably extinguished: SC

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