Editor, Author at SCC Blog

[Section 438 CrPC] Bombay High Court | Abuses given on phone cannot be said to be within public view to attract the ingredients of offence punishable under Atrocities Act

When a law-abiding citizen is adopting legal procedure and has gone to the Police Station to lodge a report, but his report has not been taken, then, such a person/s deserves to be protected. When prima facie the offences are not attracting the provisions under the Atrocities Act, there was no question of the bar under Section 18 of the Atrocities Act

Case Briefs High Courts

Adjudication of an avoidance application is independent of the resolution of the corporate debtor and can survive CIRP: Delhi High Court

The Delhi High Court held that adjudication of an avoidance application was independent of the resolution of the corporate debtor and could survive Corporate Insolvency Resolution Process (CIRP) and a Resolution Professional would not be functus officio with respect to adjudication of avoidance application.

Case Briefs High Courts

Yardstick for parliamentary elections cannot be applied ipse dixit to every local election; Bombay High Court holds imposition of prohibitory ban on sale of liquor as violative of Article 21

Imposing a prohibitory ban on merchant establishments and establishments that provide livelihood is contrary to the enshrined principles under Article 21.

Case Briefs High Courts

Madras High Court| Notification permanently banning sale of tobacco and its products is beyond the scope of powers of Food safety Commissioner

The Commissioner, Food Safety, by issuing successive notifications under Section 30(2)(a) cannot impose an almost permanent ban on a food product, as it is not contemplated by law and if allowed, will amount to doing violence to the provisions.

Case Briefs High Courts

Delay in Divisional Commissioner’s approval cannot disentitle teachers from additional increment: Bombay High Court

Bombay High Court found the petitioners entitled to grant of additional increment to District Awardee Teachers in terms of the Government Circular. The Court held that delay in Divisional Commissioner’s approval to their selection cannot disentitle them from getting such additional increment.

Case Briefs High Courts

Delhi High Court issues guidelines for medical examination of pregnant rape victims exceeding 24 weeks; allows termination of pregnancy of around 25 weeks of a minor child

The Delhi High Court allowed termination of pregnancy of around 25 weeks of a minor child and further directed the SHO concerned to ensure that after the medical termination and the period of rest, the minor child was admitted to a Government school, so she could continue studying further.

Case Briefs High Courts

[Sexual Harassment]: Sexism not acceptable or cool; Boys should understand ‘No’ means ‘No’: Kerala High Court suggests including lessons in good behaviour and etiquette in curriculum

Kerala High Court directs college authorities to constitute a ‘Collegiate Students Redressal Committee’ after the Internal Complaints Committee report found the student guilty of sexual harassment, without giving him an opportunity of being heard. The Court noted that teachers must be encouraged to instill virtues and values in students from primary level.

Case Briefs High Courts

Madras High Court grants Rs.10 lakhs compensation to victims suffered burn injuries due to illegal waste management

The damage and injury suffered by the children can very well be imagined. They have suffered disfiguration, lost friendship and company and suffered studies . Their marital prospects have become a serious question mark. No amount of compensation can give back what they lost. Considering the overall facts and circumstances, the Court granted them compensation of Rs. 10.00 lakhs each.

Case Briefs High Courts

Inability to produce required documents due to COVID-19 lockdown; Gujarat High Court quashes reassessment order

Gujarat High Court observed that due to COVID-19 lockdown it was impossible for the petitioner to get Form-F and denying adjournment after taking note of this fact results in breach of principle of natural justice.

Case Briefs High Courts

Vehicle piloting or accompanying another vehicle transporting Narcotic Drug and Psychotropic Substances cannot be held as vehicle used as conveyance in carrying the contraband; Kerala High Court orders release of piloting vehicle

Kerala High Court heldthat only the vehicle used in carrying any narcotic drugs or psychotropic substances can be confiscated under Narcotic Drugs and Psychotropic Substances Act, 1985.

Case Briefs High Courts

Provisional Attachment Order rests merely on an assumption of ED; Delhi High Court quashes Order passed by ED being arbitrary and illegal

The writ petitions raise an important question relating to the powers of the Enforcement Directorate (ED) to provisionally attach properties under Section 5 of the Prevention of Money Laundering Act, 2002 (PMLA) even though no proceedings relating to the predicate offense may have been initiated by the competent agency functioning under an independent statute and in terms of which the scheduled offense stands created.

Case Briefs High Courts

[Congress MPs Mass Resignation] Advocate General alleges all 91 MLAs have withdrawn their resignation applications; Rajasthan High Court directs them to be placed on record

The Court however, noted that neither the copies of the application for withdrawal of resignations nor the order of the Speaker refusing to accept the resignation were placed on record. In addition, the respondents did not even clarify as to what ought to be the fair and reasonable time for taking decision when such resignations are tendered.

Case Briefs Supreme Court

Parties can adduce evidence or additional evidence in proceedings under Section 34 of Arbitration Act, if strong exceptional case is made out: Supreme Court

Upholding the Karnataka High Court order, the Supreme Court held that the Karnataka High Court has not committed any error in permitting the respondents to file affidavits/additional evidence in the proceedings under Section 34 of the Arbitration Act. However, permitted the appellant to cross-examine and/or produce contrary evidence.

Case Briefs High Courts

“The right to choose lies with the petitioner and not the Medical Board”, Bombay High Court allows termination of pregnancy of 32 weeks

Bombay High Court upheld the petitioner's right to choose termination of pregnancy. ‘The Court considers this petition as an appeal not only to the judicial mind, but to the moral conscience that must accompany it.'

Case Briefs Supreme Court

‘Findings not contrary to the weight of record’; Supreme Court affirms NCLAT’s order refusing to stay CCI’s Rs 1,338 crore penalty on Google LLC for anti-competitive practices

The Supreme Court had reservation to express its opinion on the merits of the case which would otherwise affect the proceedings pending before NCLAT and stated that the findings of the CCI at the interlocutory stage was neither without jurisdiction nor suffered from any error which would necessitate interference in the appeal.

Op Eds OP. ED.

“One Part to Guide Them All”: Preamble- The Constitution’s ‘Adi- Vakya’

by Sucheta Sarkar†

Case Briefs Supreme Court

Supreme Court grants interim bail to Ashish Mishra in Lakhimpur Kheri Case

Supreme Court grants interim bail to Ashish Mishra, son of Union Minister Ajay Mishra in an unfortunate and grave incident at Lakhimpur Kheri which led to the loss of eight lives, consisting of four protesting farmers, one journalist and three others

Case Briefs High Courts

“Fundamental Right to Speedy Trial has been violated”: Allahabad High Court quashes criminal proceedings in electricity theft case, pending for more than 18 years

The Right of speedy trial is a fundamental right, and its violation causes prejudice even to the accused person

Case Briefs High Courts

Delhi High Court quashes FIR registered against the law intern who projected himself as a proxy counsel on the instructions of his Advocate

The Delhi High Court quashed the FIR registered against the law intern who projected himself as a proxy counsel on the instructions of his Advocate and the Court observed that the law interns who were merely students should be counselled, properly informed, and instructed instead of registering FIRs against them.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Successful Auction Purchaser can withdraw from e-Auction; NCLAT upheld refund of EMD and first instalment

In a case challenging the Adjudicating Authority’s order to withdraw from e-auction process and refund of EMD and first instalment, the Tribunal held that the Adjudicating Authority can allow the Successful Auction Purchaser to withdraw from e-auction process when the balance bid amount is due because of the attachment of the assets of the Corporate Debtor.