Editor_4, Author at SCC Times

‘Ends of justice would not be met by quashing FIRs’; Bombay HC refuses to exercise jurisdiction under S. 482, CrPC

“The process of law would take its own course through the trial”

‘No application of mind, precious time of police & Court wasted’; Gujarat HC slams Police, Prosecution and Trial Court for invoking POCSO Act after 8 yrs of FIR

In a sexual harassment case of a 15-year-old girl, the charges under POCSO Act were added at the fag end of the trial, despite that the victim deposed during the examination that she was aged 15 years at the time of the incident.

Legal RoundUp Topic-wise Roundup

Arbitration in 2024: Landmark Rulings and Key Takeaways

From the High Court’s clarification of the definition of “court” under the Arbitration Act to the Supreme Court’s recommendation for Parliament to introduce an amendment defining a specific limitation period for the appointment of arbitrators, several key rulings have shaped the arbitration landscape. This piece highlights the notable arbitration cases of 2024.

Case Briefs High Courts

Bombay HC directs State to ensure that eligible women are able to seek benefit under revised Mukhyamantri Majhi Ladki Bahin Scheme

The Mukhyamantri-Majhi Ladki Bahin Yojana scheme was launched by the Women and Child Development Department, Government of Maharashtra for providing financial assistance of Rs 1,500 per month to women between the ages of 21 to 65 years.

Legal RoundUp Topic-wise Roundup

Top Criminal Law Cases of 2024: Important decisions by High Courts across India

From Arvind Kejriwal’s bail to Atul Subhash case, cruelty to money laundering, maintenance to drugs, this legal round up will act as a quick summary of all the important criminal law cases of 2024.

Case Briefs High Courts

Read why Delhi HC issued injunction against Telugu Actor Manoj Manchu and media outlets in defamation case filed by Vinay Maheshwari

“The claims made by the Manoj Manchu not only have the effect of tarnishing the credibility of Vinay Maheshwari as a respectable member of society but may further encourage the other individuals and media platforms to spread the defamatory content further. It may lead to widespread public dissemination and lasting damage to his image.”

Case Briefs High Courts

‘Rape victim must be given liberty to decide whether she should continue pregnancy’; Chhattisgarh HC allows termination of minor victim’s pregnancy beyond 24-weeks

“It is quite vivid that the pregnancy of the petitioner has crossed 24 weeks of gestational age and unless the judicial order directing termination is available, it may not be possible for the doctors even to proceed with termination of pregnancy”.

Case Briefs High Courts

‘Child witness evidence appears to be result of tutoring’; Telangana HC acquits man convicted of raping 9-year-old girl

“The evidence of a child witness can easily be influenced by the elders in the family. Acceptance of the child witness evidence would be dangerous in the present circumstances of the case as the evidence appears to be a result of tutoring. Not examining the father and grandfather of the victim, who were sleeping by the side of the victim girl is fatal to the prosecution case”.

Case Briefs High Courts

‘Spoke what was written in Manusmriti & in general parlance’; Madras HC quashes hate speech complaint against VCK president & MP Thol. Thirumavalavan for comments on Hindu women

“What has been stated in the book “Manusmriti” had been only made as his speech and in the facts and circumstances of this case, this Court does not find that any of the offences as alleged by the complainant is made out.”

Hot Off The Press News

Hyderabad Criminal Court grants bail to Actor Allu Arjun in Sandhya Theatre stampede case

Actor Allu Arjun was arrested after a woman passed away due to a stampede at the premier of his film Pushpa 2. He had been granted interim bail by the Telangana High Court on 13-012-2024.

Case Briefs High Courts

‘Allowing such petitions would promote bigamy’; Punjab and Haryana HC refuses to grant police protection to live-in couple where one of them was married & had kids

“The concept of right to life and personal liberty guaranteed under Article 21 of the Constitution of India includes the right to live with dignity and the petitioners by running away from their parental home is not only bringing bad name to the family but also is violating the right of the parents to live with dignity and honour.”

Case Briefs High Courts

Bombay HC refuses to continue monitoring the murder investigation of CPI leader Govind Pansare; directs Trial Court to expedite hearing

“According to us, only for the purpose of arrest of absconding accused, continuous monitoring of the further investigation by this Court under Article 226 of the Constitution of India is not necessary.”

Case Briefs High Courts

Gujarat High Court suspends life imprisonment sentence of persons convicted of murder

“Considering the backlog of appeals pending before this Court, the chance of the appeal being heard in near future is extremely remote.”

Legal RoundUp Topic-wise Roundup

IPR Roundup 2024: The Most Game-Changing Intellectual Property Rights Cases of the Year

Discover the year’s most impactful IPR cases, including landmark decisions on copyright infringements, trademark conflicts, patent disputes, and more, shaping the future of intellectual property law.

Case Briefs High Courts

‘Investigation cannot linger for years’; Bombay HC rebukes Mumbai Police for four-year-long delay in filing charge sheet in fraud case involving 600 investors

“Investigation cannot be permitted to linger on for years, keeping the investors in the lurch, not knowing what is the outcome of the case.”

Case Briefs High Courts

Read why Gujarat HC denied anticipatory bail to Bhupendrasinh Zala accused of financial fraud worth Rs 360 Crores

“In the CID raid, it was discovered that Bhupendrasinh had created several firms and opened bank accounts in their names, but only two of the firms were registered. He had also issued cheques worth Rs 62 Lakhs in the name of his driver.”

Case Briefs High Courts

Bombay HC grants pension to former MOIL employee who was denied benefit despite being eligible as he had resigned, not superannuated

“Such inter se discrimination between resignation simplicitor (on health grounds) and resignation for joining another CPSE, even though a similar Scheme is not available, in fact is clearly discriminatory, and has no nexus with the object sought to be achieved.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

OREAT upholds denial of welfare society’s complaint regarding builder’s violation of RERA Act; Cites non-applicability of Act to projects completed before commencement

OREAT held that completion certificates issued by registered architects or engineers as permitted by BDA as per Section 20 of the ODA Act in respect of projects completed prior to the commencement of the RERA Act would not be invalid as that would render all the projects in Odisha, which have received completion certificates from the registered architects or engineers in the pre-RERA period, ongoing, on the date of commencement of the RERA Act and consequently require their registration.

Case Briefs High Courts

Penalty for delay in filing audit report before assessing authority under IT Act can be avoided by demonstrating reasonable cause: Kerala High Court

“It merits notice that the phraseology used in Section 273B of the IT Act is such that no penalty can be imposed on an assessee under Section 271B for breach of the provisions, if he proves that there was ‘reasonable cause’ for the said failure.”

Case Briefs High Courts

Read why Madras HC granted bail to temple activist Rangarajan Narasimhan in two FIRs relating to video against Deputy CM Udhayanidhi Stalin

“A reading of the complaint does not attract the provisions of Section 75 of BNS or Section 4 of the Prohibition of Harassment of Women Act. Furthermore, as the other offences are bailable, I am inclined to grant bail to the accused with certain conditions.”