Editor, Author at SCC Times

Gyanvapi ASI Survey| Supreme Court upholds Allahabad HC’s order allowing Survey and Excavation of Gyanvapi Mosque

The Allahabad High Court upheld the Varanasi District Court’s order directing the Director, Archaeological Survey of India to undertake scientific survey/ investigation/ excavation of the Gyanvapi Mosque.

Case Briefs High Courts

Delhi High Court directs Delhi Government to ensure availability of cloud storage services to Sub-Registrars for preservation of documents

“The Delhi Government is directed to ensure that the necessary systems and cloud service is made available to all the Sub-Registrars’ offices so that the documents can be preserved without a situation as arose in the present case being repeated.”

Case Briefs Supreme Court

Modi Surname Defamation Case | Supreme Court stays Rahul Gandhi’s conviction

Rahul Gandhi was sentenced to two years imprisonment for offence under Sections 499 and 500 of IPC for his ‘all thieves have Modi surname’ remark.

Case Briefs High Courts

Mass burial of Kuki-Zo community: Manipur HC directs State and Centre to maintain status quo ante of land where burial was proposed

A big mob from both the communities had gathered in and around the land in question and at any moment violence would have taken place, hence the Acting Chief Justice took up the matter at 6:00 A.M.

Case Briefs Supreme Court

‘Witnesses from West Bengal expected to communicate and convey their version in National Language Hindi before UP Court’: SC

There are at least twenty-two official languages in India, and it is no doubt that people speak different languages, however, Hindi is the national language.

Case Briefs High Courts

Notional increment cannot be denied on the ground that the person retired one day before the increment was due: Rajasthan High Court reiterates

“When the position of law is almost identical everywhere in the other States and when the benefit of Annual Increment is given to such employees, then denial of such benefits to the petitioners would amount to violation of their right of equality enshrined under Article 14 of the Constitution.”

Case Briefs High Courts

Delhi High Court directs GGSIPU, State Government to ensure 5% reservation to specially abled persons in all educational institutions

“Guru Gobind Singh Indraprastha University and the State Government are directed to ensure that in all educational institutions, the statutory provisions governing the field under the Rights of Persons with Disabilities Act, 2016 are followed and 5% reservation is provided to specially abled persons.”

Case Briefs High Courts

ASO Recruitment| Orissa HC rejects review petition of Order quashing merit list of short-listed candidates

Mere inclusion of the name in the select list does not confer any right to claim for appointment.

Know thy Judge

Know Thy Judge| Justice Devendra Kumar Upadhyaya: 47th Chief Justice of Bombay High Court

Justice Devendra Kumar Upadhyaya was appointed as Chief Justice of Bombay High Court on 24-07-2023.

Case Briefs High Courts

‘Being a married woman and accustomed to sexual intercourse, she could have protested or resisted’: Orissa HC while setting aside conviction u/s 376(2)(f)

The Court stated that if the victim, who is a grown-up woman and having experience of sex, fails to offer sufficient resistance to the accused who was attempting to have sex with her, the Court may find that there was no force, or the said act was not against her will.

Case Briefs High Courts

Mere use of word ‘arbitration’ or ‘arbitrator’ not enough to construe an agreement to be an arbitration agreement: Delhi High Court

“It is palpably clear that the language of the purported arbitration clause must evidence an unambiguous, explicit and unequivocal intention to refer the disputes to arbitration, leaving no room for doubt that parties chose arbitration as their only mode of resolution of disputes.”

Case Briefs High Courts

[Sexual harassment over Facebook] Uttaranchal High Court directs accused to plant fifty trees as a condition to drop criminal proceeding against him

“Looking to the nature and gravity of the offences and owing to the close relationship between the accused and the complainant, the Uttaranchal High Court exercising its powers under Section 482 of the Criminal Procedure Code, 1973, quashed the FIR.”

Case Briefs High Courts

PCPNDT ACT| Genuine Doctors suffer due to authorities’ non-application of mind and eagerness to act promptly: Gujarat HC upholds discharge order

The duty to maintain register and to keep copy of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and Rules is enshrined on the owner and staff of the hospital not of the visiting doctors.

Case Briefs High Courts

Validity of Registered Sale Deed to be decided only by Civil Court and not Revenue Court: Manipur HC reiterates

At the time of mutation proceedings, the competent authority must examine the manner of acquisition of the title.

Case Briefs High Courts

Delay of nine months in lodging of FIR by wife; Delhi High Court grants anticipatory bail to husband accused of rape, sexual harassment, cruelty

“During the said period of trial, there is no occasion for the applicant to keep him languishing behind the bars, as it would serve no purpose especially in view of the aforesaid and as it is a trite law that no person is presumed guilty until proven otherwise.”

Case Briefs High Courts

Applying reduced commutation factor without considering corresponding basic pay is contrary to CCS (Commutation of Pension) Rules, 1981: Delhi High Court

“The Tribunal apparently failed to appreciate that the calculations made by the respondents overlooked proviso (b) to Rule 6 as well as Rule 8 of the Central Civil Services (Commutation of Pension) Rules, 1981 and commutation value expressed as number of years of purchase, prejudicial to the petitioner cannot be applied.”

Case Briefs High Courts

Delhi High Court requests Chief Justice to formulate Division Bench for deciding issues relating to plurality of inventions u/s 16 of Patents Act, 1970

“The application could not have been rejected solely on the ground that the plurality of inventions was not specifically contained in the claim, and only in the disclosure contained in the complete specifications.”

High Court Round Up Legal RoundUp

HIGH COURTS JULY 2023 WEEKLY ROUNDUP| Stories on PayPal; Highway Tender Scam; WB Teacher Recruitment Scam; Maternity leave; and more

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

Case Briefs Supreme Court

Explained| Why SC granted bail to Vernon Gonsalves and Arun Ferreira in Bhima Koregaon Violence case

Vernon Gonsalves and Arun Ferreira were charged with several offences under IPC and Unlawful Activities (Prevention) Act, 1967 and they were alleged to have played an active role in recruitment of and training for cadres of the Communist Party of India (Maoist).

Case Briefs District Court

Court giving further directions after accepting Untrace report does not amount to review of order: Gurgaon Court

Gurgaon Court: In a complaint filed under Section 190 of the Code of Criminal Procedure , 1973 (‘CrPC’) to take cognizance of