Editor, Author at SCC Times

Affidavit of Disclosure required to be filed by wife in maintenance cases, despite ex parte order on husband; Jharkhand High Court

Even if the proceeding was ex-parte against the petitioner, still the required affidavit was to be filed by the wife so as to find out her assets/liabilities/source of income etc.

Case Briefs High Courts

Read why Allahabad HC set aside CJM’s order taking cognizance of criminal conspiracy against Development Officer and SP in Public Toilet Scam

“Merely because the accused persons were holding some office, they cannot be tried for commission of any offence without any specific allegation of commission of any act on their part make out the ingredients of the offence.”

Singapore High Court acquits father of 13 sexual assault against daughter

Case Briefs Foreign Courts

Singapore High Court acquits father on all 13 charges of sexual assault against minor daughter

Notwithstanding the conclusion due to inconsistent prosecution evidence, the Court emphasized that timely disclosure, effective investigation and prompt trial are necessary in sexual abuse cases involving young complainants.

Case Briefs High Courts

Voluntary surrendered petitions before magistrate having no jurisdiction are not maintainable: Madras HC issues directions

A person accused of an offence under the Penal Code (‘IPC’) who has not been forwarded under Section 167(1) of the CrPC and has voluntarily appeared and filed a surrender petition cannot be dealt with under Section 167(2) of the CrPC.

Case Briefs High Courts

‘Judicial Officers are expected to maintain high level of integrity’: Madras HC refused to interfere with punishment given to Judge held for engaging in conference call with accused in Sankararaman murder case

“High standard of proof is essential to convict an accused in a criminal trial. However, no such strict proof is required for punishing a public servant under the Discipline and Appeal Rules”.

Case Briefs High Courts

Noise Pollution | P&H High Court seeks status reports from State on use of loudspeakers at intolerable volume in Gurudwaras

The petitioners were aggrieved by the ‘indiscriminate use of loudspeakers at excessive and intolerable volume by a Gurudwara’ in the residential area.

Case Briefs High Courts

Allahabad HC declines to quash criminal proceedings against 3 men accused of raising slogans against India, and abusing persons in a Temple

Allahabad High Court said that, while deciding an application under Section 482 CrPC, it can only examine whether the case for trial of the accused person is made out on the basis of prosecution allegations and the material collected in support thereof.

Case Briefs High Courts

Legal and authorized ‘occupier’ of premises including tenant cannot be deprived of basic amenities like electricity connection | Allahabad HC

Allahabad High Court clarified that if the decree of eviction is set aside, recalled, or stayed, the tenants may remain entitled to apply for connection in accordance with law.

Case Briefs High Courts

Proclamation u/s 82 CrPC to be issued after due satisfaction of Court that person is deliberately avoiding proceedings: Allahabad High Court

“Investigating Agency seeks proclamation order from the court concerned so as to exert the pressure upon the person concerned and the court concerned without taking care of specific procedure issues proclamation under Sections 82/83 CrPC in a cursory and mechanical manner.”

Case Briefs High Courts

‘Water bodies belong to society, but have been corporatised’: Madras HC issues directions to State discouraging encroachment of water bodies for construction

“Water bodies belong to the society. Their ownership may technically rest in local bodies/departments/government. But they are a gift of nature and have to be available not only for human beings but also animals and birds.”

Case Briefs High Courts

Procedure u/s 313 CrPC must be couched in a form which an ignorant or illiterate person can understand: Meghalaya HC

“Section 29 of the POSCO Act cannot be interpreted to say that just because a charge-sheet is filed, the onus shifts on the accused to prove his innocence against the accusation.”

Case Briefs High Courts

Is it necessary to mention in FIR any one or more offences described under S. 2(b) of UP Gangsters Act? Allahabad HC refers issue to Larger Bench

“Court must strive to so interpret the statute as to promote and advance the object and purpose of the enactment. For this purpose, where necessary the Court may even depart from the rule that plain words should be interpreted according to their plain meaning and there need no meek and mute submission to the plainness of the language.”

Case Briefs High Courts

‘Law has more focus on reformatory side’; Tripura HC commutes death sentence to life imprisonment of a man convicted for murdering five people

“The sword of justice given to a Judge has to be exercise with utmost responsibility and judiciously considering the reforms.”

Case Briefs High Courts

Omission of disease’s name in amended claims expands scope of composition, exceeding specification set in original claim: Delhi HC refuses to grant patent

“It is not in doubt that the composition is at best a derivative and would be the same substance as the ‘known substance’, therefore, unless and until significant enhancement of therapeutic efficacy is shown, such a composition would not be liable to be granted patent protection.”

Case Briefs High Courts

‘Restoration of conjugal life’ cannot be imposed as a condition for anticipatory bail u/s 498-A of IPC: Patna High Court

“By way of judicial proceeding, an offence under Section 498-A of the Penal Code, 1860 can be compounded, but in the statute the offence has been made non-compoundable.”

Case Briefs High Courts

Whether power u/s 8 of PMLA conferred on Adjudicating Authority can be exercised only by member having experience in law: Telangana HC clarifies

“When legislature confers the function of adjudication on an authority under the statute, the same can be performed by such authority within the four corners of the power conferred on it.”

Case Briefs High Courts

‘Mere recovery of amount cannot prove alleged demand of bribe’; Telangana HC sets aside conviction against Sub-Inspector of Police

“The Investigating Officer becomes functus officio when charge sheet is filed after investigation, unless there will be further investigation under Section 173(8) of the Criminal Procedure Code, 1973.”

Case Briefs High Courts

Benefits under MSME Act do not apply retrospectively if registration is obtained after commencement of contract: Delhi HC reiterates

“The purpose of Sections 17 and 18 of the Micro, Small and Medium Enterprises Development Act, 2006, gives the right to a micro, small and medium enterprise to have its disputes adjudicated by approaching the facilitation councils and it cannot be obliterated on account of any other contract to the contrary.”

Case Briefs High Courts

Telangana High Court directs CBFC to reconstitute Revising Committee and decide certification of film ‘Vyuham’ on or before 09-02-2024

“The freedom of expression is a fundamental right in a democratic society which is governed by a rule of law. The producer of the film has a fundamental right under Article 19 of the Constitution which permits him to allude to true incidents with his perspective.”

Case Briefs High Courts

‘Scope of interference in arbitration award passed u/s 34, 37 of A&C Act is limited unless error appears on face of record’; Telangana HC dismisses appeal

“The expression ‘public policy’ is of wider amplitude and hence, where award passed by arbitral tribunal is against the terms of contract or against law of land for time being in force, such an award is against public policy of India and is liable to be set aside under Section 34 of Arbitration and Conciliation Act, 1996.”