Editor, Author at SCC Times

Bail in NDPS | Orissa High Court grants bail to accused possessing 22 kgs Ganja for being a first-time offender

“The Court noted the progress in the investigation and directed to release the accuse. However, it was clarified the order shall not be implemented if it is discovered that the accused has any criminal antecedents.”

Case Briefs High Courts

‘Criminal justice not one-sided, balance b/w conflicting rights & duties must be drawn’; Orissa HC permits recall of witness at stage of death reference

The Court permitted to put the questions mentioned in the questionnaire to the informant in the cross-examination. Regarding the evidentiary value of the same, the Court added that it will be decided during hearing of the criminal appeal and the application for confirmation of sentence.

Case Briefs High Courts

Delhi HC directs DDA & MCD to frame rules on levy of charges for illegal encroachment on public land

The Court stated that for ascertaining the charges to be recovered from the encroacher, the land-owning authorities shall consider the area of encroached land, period for which the encroached land was illegally used, the market price or circle rate of the encroached area.

Case Briefs High Courts

Delhi High Court dismisses petition seeking Guidelines for Suspended Insolvency Professionals by IBBI Disciplinary Committee

The Court exonerated the charges of contravention of prescribing non-refundable participation fee levied on Liquidator of Corporate Debtor, however, he was found guilty of paying excess fees to BDO Restructuring Advisory LLP.

Case Briefs High Courts

[Reservation for Disabled Persons] Delhi High Court directs Indian Nursing Council to address discrimination claim over Clause 8 in Nursing Regulations, 2020

Clause 8 under ‘Admission Terms and Conditions’ of the Indian Nursing Council (Revised) Regulations and Curriculum for B.Sc. (Nursing Program) Regulations, 2020 reserves seats only for candidates with loco-motor disabilities of 40% to 50% of the lower extremity, thereby excluding candidates with other disabilities such as Muscular Dystrophy, Dwarfism, Acid Attack Victims, Low Vision, Hearing Impairment, Speech Disability, and Intellectual Disability.

Case Briefs High Courts

‘Bank cannot open Lookout Circular as an arm-twisting tactic’; Delhi HC quashes Circular issued by Union Bank of India to recover debt

The Delhi High Court said that a Lookout Circular is a major impediment for a person who wants to travel abroad.

Legal RoundUp Supreme Court Roundups

Supreme Court Roundup May 2024 | Art. 370; Pregnant person’s consent; Application of S. 498-A IPC; Financial Debt v. Operational Debt; Jaypee Infratech Resolution Plan; Constitutionality of ICAI guidelines

The roundup revisits the analyses of Supreme Court’s judgments/orders on Pregnant person’s consent; Application of S. 498-A IPC; Financial Debt v. Operational Debt and more. It also covers the top stories; Never reported Judgments and Know thy Supreme Court Judges.

Case Briefs High Courts

Will arbitration proceedings survive if mandate of arbitrator is terminated? Delhi HC answers

“The arbitral proceedings in the matter were not terminated but the Arbitrator had been non-responsive and was unable to perform his functions. Thus, as per Sections 14 and 15 of the Arbitration and Conciliation Act, 1996, the present case is suited for appointment of a substitute Arbitrator for adjudicating the disputes.”

Case Briefs High Courts

Meghalaya HC directs for special interviews or examination to regularise services of 11 as Lady supervisors in Social Welfare Department

“The lady supervisors had served temporarily in the service for over fourteen years and with long years of service and experience, they had a legitimate expectation to be regularized or given an opportunity to secure their positions.”

Case Briefs High Courts

Grave injustice in blindly transferring cases without bias evaluation; Delhi High Court issues guidelines to deal Transfer Applications

The Delhi High Court set aside the impugned order transferring a case based on allegations that the judge was biased.

Case Briefs High Courts

Bombay High Court permits sale and consumption of liquor in Mumbai after declaration of Lok Sabha Election results

The petition sought the extension of an earlier order passed by another Division Bench in Navi Mumbai Hotel Owners Association v. Collector, regarding the cessation of restrictions on the sale, distribution and consumption of liquor in respect of Raigad District.

Case Briefs High Courts

“Financial affluence of landlord has no bearing on the proceedings under Section 14(1)(e) of Delhi Rent Control Act, 1958”; Delhi HC upholds Additional Rent Controller’s order

The Delhi High Court opined that there is no law that states that requirement of a rich man must be presumed to be devoid of ‘bona fide’.

Case Briefs High Courts

Bombay HC upholds ‘peculiar’ procedure adopted by Shramasafalya Co-operative Housing Society to select a Developer for Juni Sherli Slum

The Court noted that the case was not about simultaneous proposals, and the respondents had followed the requisite procedure and the Departmental decision to reconduct voting by secret ballot was to ensure a fair selection.

Case Briefs High Courts

Property disputes not covered by Senior Citizens Act: Delhi HC emphasizes purpose of the Act is to ensure welfare of senior citizens

“A reading of the Act makes it clear that the forum under the Act do not have the jurisdiction to decide the title of the property and the purpose of the Act is maintenance of the senior citizen and to ensure their welfare. The question of title, therefore, cannot be decided by forums under the Senior Citizens Act”

Case Briefs High Courts

‘Affection of both parents a basic human right for growing child’: Kerala HC refuses to interfere with Family Court’s order granting visitation rights to father

“While considering the claim for custody of a minor child, unless very serious, proven conduct should make one of them unworthy to claim for custody of the child concerned, the question can and shall be decided solely by looking into the question as to, ‘what would be the best interest of the child concerned.”

Case Briefs High Courts

Whether collector acting as quasi-judicial authority possess any power to recall/review order passed under S. 47-A of Stamp Act? Allahabad HC answers

“A quasi-judicial authority is limited in its functionality in as much as it has to act within the four corners of the statute from which it derives its authority. If the statute does not provide for a particular act, the same cannot be undertaken by that authority.”

Case Briefs High Courts

‘Absolute abuse of process of law’; Delhi HC rejects plea challenging the appointment of Delhi Waqf Board’s Administrator

The Court noted that, other than stating the actions of respondent 2 are bad, no reason had been given by the petitioner on why he lacks the qualification to be appointed as an Administrator of the Waqf Board.

Hot Off The Press News

Lok Sabha Elections: Delhi HC rejects plea seeking cancellation of PM Narendra Modi’s candidature from Varanasi

As per the plea, PM Narendra Modi had allegedly, along with his accomplice, attempted to destabilize national security by planning a fatal crash of an Air India flight in 2018.

Case Briefs High Courts

“Within 30 days’’ starts from date when result is announced by returning officer: Allahabad HC clarifies law related to limitation for election petition

“Election law should be interpreted strictly, particularly, with regard to the prescribed period of limitation for the purposes of entertaining the election petition inasmuch as there is no provision qua applicability of the Limitation Act.”

Case Briefs High Courts

‘Section 15(1) of Hindu Succession Act an anomaly in legislation that requires rectification’; Delhi HC denies widowed daughter-in-law a share in mother-in-law’s property

The Delhi High Court said that this case is demonstrative of how S. 15(1) of the Hindu Succession Act, 1956 works against a woman.