Editor, Author at SCC Times

Fundamental right to hold passport cannot be curtailed; Andhra Pradesh High Court directs Police to release siezed passport of a Non-resident Indian

“The passport has been seized in contravention of the existing laws in operation and such an exercise is unwarranted and is in violation of Articles 19 and 21 of the Constitution.”

Case Briefs High Courts

Gauhati HC upholds judgment by Foreigners Tribunal declaring a woman to be a foreigner who entered India illegally

Gauhati HC opined that the petitioner failed to discharge her burden to prove the contents of her evidence so as to establish her Indian citizenship.

Case Briefs High Courts

Delhi High Court grants bail to a man accused of raping woman he met on dating app on pretext of marriage

“The petitioner stated that he and the complainant met on a dating App and not on matrimonial App. The allegation of false promise of marriage is only an afterthought.”

Case Briefs High Courts

Filing SLP to challenge dismissal of criminal appeal is crucial right of convict; Delhi High Court grants four-weeks parole to convict for filing SLP

“Except the two incidents wherein punishment was awarded to the petitioner, the nominal roll does not find mention of any misconduct on the part of the petitioner, after May, 2017 till date i.e. for the last more than six years.”

Case Briefs High Courts

Delhi High Court denies interim injunction to Khadi and Village Industries Commission in a trade mark infringement dispute

“The terminus ad quem, by which date the plaintiff has to prove the acquisition of the requisite goodwill and reputation for a plea of passing off to succeed, is the date of commencement, by the defendant, of the rival mark.”

Case Briefs High Courts

Gauhati High Court holds State liable to compensate an advocate for handcuffing him without just cause

The High Court observed that Rule 214 of Assam Police Manual has rendered itself archaic and needs to be amended in accordance with the laws laid down by the Supreme Court.

Case Briefs High Courts

Redemption and rehabilitation of prisoners must receive due weightage; Himachal Pradesh HC grants parole to convict for solving his personal and family issues

“Convicts too must breathe fresh air for at least some time provided they maintain good conduct consistently during incarceration and show a tendency to reform themselves and become good citizens.”

compromise not termination of proceedings in malicious prosecution

Cases Reported Never Reported Judgments

Never Reported Judgment| Compromise between parties is not termination of proceedings in a suit for malicious prosecution [(1952) 2 SCC 446]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on malicious prosecution.

Case Briefs High Courts

Chhattisgarh High Court upholds constitutional validity of Section 16(4) of Central Goods and Services Tax Act, 2017

“The petitioner herein, which has filed the present writ petition, is only a proprietorship firm and not a citizen and therefore cannot claim protection of Article 19(1)(g) of the Constitution.”

Case Briefs High Courts

Delhi HC upholds constitutional validity of Section 115BBE of Income Tax Act, 1961; Says ‘cannot be held unconstitutional on apprehension of misuse’

“It is settled law that the Act provides a complete machinery for assessment or re-assessment of tax and the assessee is not permitted to abandon that machinery to invoke jurisdiction of the High Court under Article 226 of the Constitution.”

Case Briefs High Courts

Unilateral withdrawal from attempted divorce settlement can cause disquiet and uncertainty in husband’s mind, thus amounts to cruelty: Delhi High Court upholds divorce

“It is evident that the fight inter se the parties was not on any justifiable grounds, but was a war between the egos prompted by the desire to wreak vengeance against the spouse.”

Case Briefs High Courts

No right to remain on Indian soil, if visa expires; Himachal Pradesh HC denies bail to man accused of committing offence u/s 14 of the Foreigners Act, 1946

“As per the result of the analysis, the substance found in the possession of the petitioner was confirmed to be heroin. Since, the petitioner did not produce passposrt and visa, offence under Foreigners Act, 1946 is added.”

Case Briefs High Courts

Publicly harassing, alleging infidelity and portraying husband as womaniser in his office is an act of extreme cruelty: Delhi High Court upholds divorce

“Any successful marriage is built on mutual respect and faith. If either is compromised beyond a level, the end of the relationship is inevitable as no relationship can stand on half-truth, half-lies, half-respect and half-faith.”

District Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Manufacturers failing to provide spare parts required for product’s proper functioning in its anticipated lifespan, constitutes unfair trade practice: DCDRC

Holding Samsung India liable for deficiency in service, DCDRC stated that often companies fail to provide spare parts required for a product’s proper functioning, thereby eventually compelling consumers to discard still-functional products.

Case Briefs High Courts

Not permissible for High Court to convert lesser offence to serious offence in sentence enhancement appeal: Himachal Pradesh High Court

“The appellant submitted that the respondent was liable to imprisonment for not less than ten years and payment of fine of not less than Rs. 1,00,000. However, he was sentenced to undergo rigorous imprisonment for six months and payment of fine of Rs. 1,000.”

Case Briefs High Courts

Incentive cannot be given to promote societies’ mindset for light skin preference: Chhattisgarh High Court dismisses divorce appeal by husband

“Entire society of the human race needs to change the dialogue at home, which may not promote the fairness preference of skin.”

Case Briefs High Courts

‘Accused deemed to be in constructive custody of Court when released on Interim bail’: Orissa HC

“The Court noted that “while passing the impugned order the Trial Court re-examined the allegations on merit and virtually sat in appeal over the order and rendered the order passed by the High Court nugatory.”

Case Briefs High Courts

POCSO| Rajasthan High Court refuses bail to a man accused of rape despite of non-recovery of substantial evidence

“The petitioner argued that both the girls committed suicide by jumping into the canal after writing suicide note. As per report of handwriting expert also, the disputed writing show similarities with the standard writing.”

Case Briefs High Courts

Victim not necessary party, thus not required to be impleaded as party in bail applications under CrPC: Rajasthan High Court

“Had it been the intention of the Legislature, it would have in unequivocal terms mentioned in the statute itself about impleadment of the victim as a necessary party in all cases.”

Case Briefs High Courts

Insolvency Resolution Professional is not ‘public servant’ under Prevention of Corruption Act, 1988: Delhi High Court

“Whether the Insolvency Resolution Professional is a public servant or not according to Insolvency and Bankruptcy Code or Prevention of Corruption Act, 1988 or Section 21 of Penal Code, 1860, is purely the domain of the legislature and if required, the legislature may carry out necessary amendments to the legislations.”