Editor, Author at SCC Times

Delhi HC refuses plea of ailing accused to be admitted in specialized care facility; Sends him back to Tihar Jail

The Delhi High Court directs for a Medical Board to be constituted at AIIMS to examine the deteriorating health of ailing accused.

Case Briefs High Courts

‘Sacrosanct right of woman to bodily integrity under Art. 21’: Kerala HC allows minor rape victim to terminate pregnancy of 28 weeks

“The right of a woman or a girl to make autonomous decisions about her own body and reproductive functions is at the very core of her fundamental right to equality and privacy”

Case Briefs High Courts

EWS admissions now permissible beyond December 31 in Academic Sessions: Delhi High Court

It can no longer be said that the fixing of cutoff date 31 December as a date beyond which no order of provisional admission can be passed, is a principle which should be regarded as judicially binding, till a hierarchically superior court speaks on it.

Case Briefs High Courts

Non-production of the accused before Trial Court on 70 occasions; Bombay HC grants bail; Flags procedural failure by prosecution

Even though the applicant in the instant case was accused of serious crimes, the Court granted bail stating that an accused must be granted bail if their trial was not effectively progressing and protracted for no fault of theirs.

Case Briefs Foreign Courts

Electoral Court of South Africa upholds the candidature of Jacob Zuma for the upcoming general elections in May 2024

The Court held that a person convicted of an offence and sentenced to more than 12 months’ imprisonment does not immediately become ineligible to be a member of the National Assembly and found Jacob Zuma’s disqualification to be incorrect.

Cases Reported High Court Cases

Cases Reported in HCC [April]

Bombay High Court Education Law — Maharashtra Public Universities Act, 2016 — Whether definition of “teacher” includes Principal — Held, going by

Case Briefs High Courts

Telangana High Court directs Delhi Police not to take any coercive action in alleged doctored video of Union Minister Amit Shah’s case

The High Court found the cause of action to be untenable as the petitioners were already accused in a similar case.

Case Briefs High Courts

Party not contacting counsel for 6 years, cannot seek condonation of delay alleging that counsel did not inform about disposal of case: Allahabad HC

Allahabad High Court noted that while the appellants alleged their counsel failed to inform them about the case’s dismissal, there’s no evidence they actively sought updates from the counsel during the six-year period.

Case Briefs High Courts

Once school declared an aided educational institution, State Education Tribunal has jurisdiction to adjudicate questions of employment & not Regional Director: Orissa HC

“The School was given the status of grant-in-aid and become a non- Government aided educational institution within the meaning of Section 2(b) of the Orissa Education Act, 1969 during pendency of the appeal, which was related to the termination of services of the school peon, the Regional Director ceased to have jurisdiction and it was the State Education Tribunal, which was the competent forum to adjudicate.”

Case Briefs High Courts

“Matter of concern” that Delhi HC Legal Services Committee did not assist litigant despite several requests; Delhi HC demands affidavit for explanation

Delhi High Court instructs that if any aid is sought by any litigant eligible for legal aid, then the Legal Service Authorities shall take prompt action.

Case Briefs High Courts

‘Cryptocurrency not ‘money’ under PCMCS Act’; Orissa High Court grants bail in cryptocurrency ponzi scheme case

“Mere dealing in cryptocurrency cannot be treated as illegal.

Case Briefs High Courts

Court can exercise extraordinary jurisdiction on clear election irregularities; Bombay High Court rejects disqualified Voters’ Ballot

The committee of the Society has to remove, from the register of its members, names of persons who stand disqualified under the provisions of the Maharashtra Co-operative Societies Act, 1960

Case Briefs High Courts

‘Male member made scapegoat for mistake of both’; Meghalaya HC upholds conviction under POCSO, mitigates life sentence to 10 yrs imprisonment

“A case involving love affair and unfortunately, the male member was made as a scapegoat to undergo imprisonment for the mistakes committed by the two. It is no doubt true that the offence under POCSO Act, 2012 has been made out to impose punishment on the accused, while the so-called victim girl is leading a happy life.”

High Court Round Up Legal RoundUp

HIGH COURT MAY 2024 WEEKLY ROUNDUP | Stories on Delhi serial bomb blasts; Karnataka State Legislative Elections 2023; Childbirth after sterilization; and more

A quick legal roundup to cover important stories from all High Courts this week.

Law made Easy

Primacy to Suraksha: Understanding the Bharatiya Nagarik Suraksha Sanhita, 2023

The BNSS adopts a “citizen-centric” approach, balancing the rights of both the victims and the accused, respecting the human rights principles.

Case Briefs High Courts

Allahabad High Court dismisses PIL urging Govt. to publish Justice Rohini Commission report on OBC sub-categorization

“The commission formed under Article 340 of the Constitution which was headed by G. Rohini, former Chief Justice of Delhi High Court, to examine the issue of sub-categorization of Other Backward Classes. It proposed a four-category formula for the equitable redistribution of the 27% quota for Other Backward Classes.”

Case Briefs High Courts

[Childbirth after sterilization] Orissa HC orders Rs. 30K compensation to woman who delivered child after sterilization, considering economic status

The petitioner underwent sterilization when State promoted the Green Card Scheme, whereby, having two-children or fewer was promoted, through various incentives like providing landed properties, reservation of seats in higher education for those two children.

Case Briefs High Courts

Read why Allahabad High Court denied bail to MLA Abbas Ansari

“If such influence whether for monetary reason or under threat or coercion, if can be exercised over police and prison authorities so effectively who are basically enforcers of law then it can be well imagined how Abbas Ansari can effectively garner power to influence any witness or to persuade him to change his stand and this aspect if seen in light of the fact that the evidence is yet to commence”

Case Briefs High Courts

‘Magistrate failed to conduct preliminary inquiry to ascertain roles and duties of individuals before mechanically summoning them’: Allahabad HC quashes criminal cases against officials of Larsen and Toubro

“Magistrate had issued summons without meeting the requirement of Section 202 CrPC., even though the applicants were residing outside the territorial jurisdiction of the Trial Court.”

Case Briefs High Courts

Allahabad HC quashes notifications issued by ARTO banning registration of e-Rickshaws and e-Autos in Mathura and Agra

“Section 178 U.P. Motor Vehicles Rules, 1998 does not contemplate or empowers State to ban registration of new vehicles. Thus, the impugned restriction is beyond the scope of Rule 178 and hence, unsustainable.”