Editor, Author at SCC Times

Limitation period to appeal against Family Court’s decree is thirty days, delay can be condoned if sufficient cause is shown: Delhi High Court clarifies

“Section 28 of the Hindu Marriage Act, 1955 and Section 19 of the Family Courts Act, 1984 operate in different spheres and apply to orders passed by different forums i.e., District Court and the Family Court respectively.”

Case Briefs High Courts

Divorced daughter is not a dependant u/s 21 of Hindu Adoption and Maintenance Act, 1956, thus not entitled to maintenance: Delhi High Court

“An unmarried or widowed daughter is recognized to have a claim in the estate of the deceased, but a ‘divorced daughter’ does not feature in the category of dependents entitled to maintenance.”

Case Briefs Supreme Court

SC acquits murder convict on ground of insanity; Sets aside HC’s life sentence verdict for murdering grandfather

“If the conclusion of the Trial Court is a plausible one, merely because another view is possible on reappreciation of evidence, the Appellate Court should not disturb the findings of acquittal and substitute its own findings to convict the accused”.

Case Briefs High Courts

‘Trial Court’s conviction based on sheer morals’; Orissa HC acquits murder convicts in 20 years old case

“The crime committed may be cruel or ruthless but the evidence on record has to be evaluated dispassionately and objectively to see whether the accused is responsible for the said crime or he is innocent”.

Case Briefs High Courts

Financial status of a spouse is not the sole determining factor to consider custody of a child: Delhi High Court reiterates

“Since the age of two years, the son has been in the exclusive custody of his mother and has had minimal interaction with his father. Now, when he is 16 years of age and has expressed his independent preference of continuing in his mother’s custody.”

Case Briefs High Courts

Seat of arbitration once fixed by the arbitration agreement, has the exclusive jurisdiction for applications u/s 11 of the A&C Act, 1996: Rajasthan High Court

“The Court observes that the ‘contrary indicia’ is clearly reflected in the present case, because the seat was mentioned as Bikaner and venue was mentioned as New Delhi.”

Case Briefs High Courts

Third party whose property interests are adversely affected can approach the execution court under Order XXI Rule 97 of CPC: Sikkim High Court

“By filing a petition under Order XXI Rule 97 of the Civil Procedure Code, 1908 although the objector is not a party to the arbitral proceedings, he can seek and obtain relief if the award has not been given fairly.”

Case Briefs High Courts

Public authorities should be made accountable for lapses or failure to discharge its duties: Himachal Pradesh High Court

“Public authorities hold the public funds in trust. The public money cannot be allowed to be wasted by unjustified delays caused by the public authorities in discharge of their duties.”

Case Briefs High Courts

‘Habeas Corpus is a writ of right and not writ of course, cannot be issued to trace out missing persons’: Orissa HC

“Illegal confinement is a pre-condition to issue a writ of habeas corpus, it cannot be issued in respect of any and every missing person”.

Case Briefs Supreme Court

Breaking down Supreme Court’s explanation on grant of divorce on grounds of ‘cruelty’ under Hindu Marriage Act

“What is cruelty for a woman, may not be cruelty for a man, and hence, a more elastic and broad approach is required when a wife seeks divorce.”

Case Briefs Supreme Court

Onus of proof in disciplinary proceedings depends on nature of charge and explanation put forth by Employee: SC

“If the records of the enquiry officer reveal that the findings are based on some evidence, it is not the function of the Court in a judicial review to re-appreciate the same and arrive at an independent finding on the evidence”.

Case Briefs High Courts

Gujarat HC allows minor to terminate 19 weeks pregnancy; quotes Skanda Purana highlighting value of mother in society

“माता के समान कोई छाया नहीं, कोई आश्रय नहीं, कोई सुरक्षा नहीं। इस विश्व में माता के समान कोई जीवनदाता नहीं।”

Case Briefs High Courts

‘Financial instability’ of a spouse is covered under the ambit of ‘mental cruelty’: Delhi High Court

“The marriage ties which if kept lingering on account of irreconcilable differences and protracted litigation, only bring more cruelty and acrimony.”

Case Briefs Supreme Court

Whether debt was barred by limitation or not in cheque bounce cases, is a question of evidence: SC

“The question of debt barred by limitation is to be decided on basis of evidence as, limitation is a mixed question of law and fact”.

Cases Reported Never Reported Judgments

Never Reported Judgment| When Supreme Court upheld the conviction based solely on dying declaration in Acid Poisoning case [(1952) 1 SCC 346]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Section 32(1) of the Evidence Act, 1872.

Case Briefs Supreme Court

SC upholds validity of Himachal Pradesh Passengers and Goods Taxation Act, 1955; NHPC liable to pay tax on vehicles carrying employees and family gratis

The Supreme Court affirmed the Himachal Pradesh High Court’s orders, whereby the validity of the Himachal Pradesh Passengers and Goods Taxation Act, 1955 as amended by the Himachal Pradesh Passengers and Goods (Amendment and Validation) Act, 1997 were upheld.

Case Briefs High Courts

Rectification petition in a trade mark suit can be filed where the dynamic effect of the registration of impugned mark is felt: Delhi High Court

“With the expansion of the internet, and access to goods and services that may originate from some distant site, a litigant is free to file an infringement, or passing off, suit, before any Court within whose jurisdiction use of the impugned mark takes place.”

Case Briefs High Courts

Members of Federation of Hotel and Restaurant Associations of India shall use the term ‘staff contribution’ for the amount charged as ‘service charge’: Delhi High Court

“The menu cards shall specify in bold that after the payment of ‘Staff Contribution’, no further tip is necessary to be paid to the establishment, servers or restaurant staff.”

Case Briefs Supreme Court

Supreme Court lays down Principles for exercise of legislative power of abrogating a law declared invalid by Court

“If the legislature merely seeks to validate the Acts, struck down or rendered inoperative by a Court, by a subsequent legislation without curing the defects in such legislation, the subsequent legislation would be ultra-vires“.

Case Briefs High Courts

Granting relief for delivery of possession separately is not required, it is inherent in the decree of specific performance of contract: Andhra Pradesh High Court

“In case where the language of the decree is capable of two interpretations, the interpretation which favours the advancement of the decree by getting its execution is to be preferred.”