Editor, Author at SCC Times

‘Suicide note written weeks before suicide’: Kerala HC says bickering and quarrels not instigation while quashing abetment to suicide case against wife

“The essence of the offence of abetment of suicide is not what the deceased felt but what the accused intended.”

Cross Border Insolvency | SICC recognises and enforces foreign proceeding concerning restructuring plan for PT Garuda Indonesia

A mandatory effect operates to recognise a foreign proceeding once the requirements in Article 17 of the Third Schedule are satisfied.

Case Briefs High Courts

Kerala HC upholds life sentence of four convicts accused of murder in Sunil Babu Gang rivalry murder case

“Prevalent presumption is that a related witness would not testify falsely against an innocent person because they want to see the true culprits punished.”

Case Briefs Foreign Courts

US must provide assurances to the UK High Court before securing WikiLeaks founder Julian Assange’s extradition: UK High Court of Justice

The Court directed US to assure that Assange is allowed to rely on the First Amendment protections and is not prejudiced at trial by reason of his nationality, and that a death penalty is not imposed.

Case Briefs High Courts

Prior sanction for prosecuting a public servant can be taken even at the time of conclusion of trial; Gujarat HC rejects bail of retired IAS officer

“In the recent times, there was an increase in socio economic offences in the country. These are the offences which are solely committed for personal gains. These crimes are affecting every part of the country’s economic structure and wrecking the people’s faith in the system.”

Case Briefs High Courts

Bombay High Court upholds grant of Rs 3 Crore compensation in domestic violence case

The High Court while upholding the quantum of compensation, agreed with the observation of the Trial Court that at the age of 55 years, the wife had lost her prospects vis-à-vis her personal life after being subjected to domestic violence from 1994-2008.

Case Briefs High Courts

No person shall be compelled to deposit firearms unless there is a specific written order against him: Allahabad HC

“This indicates that the judgements which have been passed by the highest court of state under Article 226 of the Constitution of India and are binding on all the authorities in the State are being conveniently overlooked and are not being followed.”

Case Briefs High Courts

Separate sureties need not be insisted when there are several cases against an accused: Kerala HC

“Though the surety must be a sufficient surety, the quantum of the bond to be executed cannot be made to depend on the amount involved in criminal cases. Courts must of necessity, bear in mind that a criminal proceeding is not instituted to recover the money, if any, involved in a crime”.

Case Briefs High Courts

Article 30 does not give power to the State Government to establish Educational Boards; Allahabad High Court holds UP Madarsa Education Act unconstitutional

“A perusal of syllabus of the Madarsa Board shows that the education provided therein is only of languages and Islam as a religion with a little touch of maths etc. The modern subjects including science are only optional and entire school education can be completed without studying modern subjects.”

Case Briefs Foreign Courts

Air carriers may reimburse through vouchers instead of cash for flight cancellations: ECJ

Upon the cancellation of a flight by the air carrier, the passenger will be deemed to have consented to reimbursement through a travel voucher when they fill a form online with the said carrier, and foregone the monetary means to reimbursement provided the carrier informed the passenger of other means available to them for reimbursement.

Case Briefs High Courts

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.”