Editor, Author at SCC Times

Calcutta High Court directs West Bengal Govt to ensure no elephants are illegally/unlawfully transported from its borders

The Court highlighted the conditions of captivity of the elephants and noted that the elephants, having being kept in captivity for most of their lives, deserve to spend their remaining years in a natural habitat which would ultimately ensure their benefit.

Op Eds OP. ED.

Decoding Promise to Marry

by Yash Giri*

Case Briefs High Courts

Bombay HC allows unmarried woman to abort 25-week pregnancy citing reproductive freedom and mental distress

“The right to abortion is a concomitant right of dignity, autonomy and reproductive choice which is guaranteed under Article 21 of the Constitution and the decision to terminate pregnancy is deeply personal for any person”.

Case Briefs High Courts

Disclosure of second marriage not a ground to unseat an elected candidate: Bombay HC upholds election of Palghar MLA Rajendra Gavit

“There might be cases where a candidate belonging to a particular religion, in which polygamy is not prohibited, has contracted multiple marriages. If contention about impermissibility to add column in Form 26 Affidavit is accepted, such candidate would never be able to contest any election as disclosure of information about additional wife would attract ground for declaring the election void.”

Case Briefs High Courts

Rajasthan HC overturns police constable’s conviction in 31-year-old prisoner escape case

Two prisoners had escaped after the police constable had shifted them to an open area due to excessive heat.

MBA extension denied by Himachal Pradesh HC

Case Briefs High Courts

‘Personal choice to prepare for competitive exams doesn’t warrant extension of professional course’; Himachal Pradesh HC denies MBA completion beyond prescribed period

“If such kind of plea, as the petitioner is making, is accepted by the Court, then, the Court will be flooded with litigations by all such candidates, who have not been able to complete their courses within the period prescribed in the Ordinance concerned.”

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A Significant Legal Conundrum in Section 7 under the Insolvency and Bankruptcy Code, 2016

by Mridul Chitransh* and Milan Asati**

Case Briefs High Courts

Gauhati High Court appoints Retd. District and Sessions Judge, Nagaland as an arbitrator in lottery printing dispute with Nagaland Government

The petitioner submitted that it filed an arbitration petition before Punjab and Haryana High Court, as part of the agreement was executed at Chandigarh. However, the Punjab and Haryana High Court was unable to decide the petition due to territorial bar. Hence, the present petition is filed.

Hot Off The Press News

NHRC Takes Suo Motu Cognizance of Reported Death of Boy at Government-Run Juvenile Home in Delhi

The NHRC noted that the victim boy died due to injuries inflicted by fellow inmates.

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Let Them Be Seen: A Case for Recording Every Advocate’s Presence in the Supreme Court

by Vanshaj Azad*

Case Briefs High Courts

Know why Jharkhand HC directed State Judicial Academy to impart extensive training to a Magistrate in bail matters

“These are the cases where personal liberty of the citizen is at stake. The Magistrate should very well be sensitized in these types of issues, especially about the judgments which relate and deal with personal liberty.”

Case Briefs High Courts

‘Right to life includes right to create life’; Rajasthan HC upholds Minor’s right to retain pregnancy against mother’s wishes

“The minor victim has the right to beget a life and/or create a life, which is a facet of Right to Life guaranteed under Article 21 of the Constitution of India”

Op Eds OP. ED.

Operation Sindoor and the Commodification of National Sentiment: A Legal and Ethical Crossroads in Trade Mark Law

by Stuti Bisht*

Case Briefs High Courts

Orissa HC quashes Permanent Debarment of higher judiciary aspirant from Government Service over procedural lapse

“The Government must conduct itself as a model employer and in a constitutionally ordained Welfare State a citizen could not be told that the reasons for a decision were stacked in the Godown of the Government since ours was not the East India Company of bygone era”.

Case Briefs High Courts

Delhi High Court directs Ghadi detergent to remove derogatory phrases targeting Surf Excel from its advertisements

It is permissible for an advertiser to undertake an advertising campaign to promote its own product so long as the same is not deliberately tarnishing or defaming the competitor’s product.

Op Eds OP. ED.

Opportunity of Hearing to the Proposed Accused at Pre-Cognizance Stage in Complaint Cases: Implications of Proviso to Section 223(1) of the BNSS

by Amir Suhail*

Case Briefs High Courts

Arbitrator cannot be impleaded in proceedings under S. 36(2) of A&C Act until prima facie case of fraud/corruption is established: Calcutta HC

The award debtor’s counsel contended that the bias is an element of fraud, and to adjudicate the allegations of fraud and/or bias, the member concerned of the arbitral tribunal is required to be impleaded in the proceedings under Section 34 and Section 36(2) of the Arbitration and Conciliation Act, 1996.

Case Briefs High Courts

Gujarat High Court: Registration/permission from authorities is mandatory to use premises either as PG Hostels or Home Stays

The Court directed the respondents to publicise the pre-requisite conditions necessary to be fulfilled before a premise may be used as a PG Hostel or a Home Stay.

Case Briefs High Courts

Know why Jharkhand High Court ordered interim stay on investigation against Bokaro Steel Plant officials in a protester’s death

The Court passed an interim order directing the respondents not to proceed with the investigation of the FIR.

Case Briefs High Courts

Houses cannot be used as prayer halls without permission from authorities: Madras High Court reiterates

“Mere non usage of loudspeaker and microphone will not solve the issue. The crux of the issue is that the petitioner cannot convert a house into a prayer hall to conduct prayer meetings. That requires proper permission from the authorities.”