Editor, Author at SCC Times

HIGH COURTS JULY 2023 WEEKLY ROUNDUP| Stories on Rights of HIV Patients; 2002 Godhra Riots; WB Teachers’ Recruitment Scam and many more| SCC Blog

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

SC issues Notice in Modi Surname Defamation Case; to hear Rahul Gandhi’s plea on August 4

The Supreme Court was hearing Rahul Gandhi’s plea challenging Gujarat High Court’s order dismissing his application to stay two years conviction Order.

Case Briefs High Courts

‘Family members neither baptised nor members of Church’; Bombay HC finds order against Hindu Mahar’s religious conversion “perverse, arbitrary and capricious”

The Court observed that a person gets caste by birth and remains forever unless there are circumstances indicative of the individual having embraced not only a new order but being outcasted from the original order.

Case Briefs High Courts

Supreme Court refers Delhi Government plea challenging Union’s NCTD Ordinance to Constitution Bench

The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 was promulgated just eight days after the Constitution Bench had decided on the issue of administrative control over transfers and postings of civil servants in the NCTD.

Case Briefs District Court

[Coal Scam Case] Delhi Court Convicts Former Rajya Sabha MP Vijay Darda, former Coal Secretary H.C Gupta and 5 others

The coal scam in Chhattisgarh was pertaining to the allocation of ‘Fatehpur East’ coal block in favour of JLD Yavatmal Energy Private Limited.

Case Briefs High Courts

‘Substratum of refusing probate cannot be the testimony of an unreliable witness’; Delhi High Court grants probate in favour of Khetri Trust

The Will was executed by the testator, Late Raja Bahadur Sardar Singh of Khetri in the presence of two attesting witnesses, thus, complying with Section 63 of the Succession Act, 1925.

Op Eds OP. ED.

A Case for Feminist Reasoning in Judicial Edict

by Balram Pandey*

Hot Off The Press News

[2002 Godhra Riots] Supreme Court grants Regular Bail to Civil Rights Activist Teesta Setalvad

The Gujarat High Court had previously dismissed Teesta’s application for regular bail and directed her to surrender immediately.

Case Briefs High Courts

‘Grant of Parole not to be treated as Suspension of Sentence’; Gujarat HC Grants 15 days Parole to Life Convict in 2002 Godhra Riots

The Court applied the doctrine of harmonious construction and observed that granting of parole would not amount to any intervention in pending proceedings before Supreme Court under Section 389 of CrPC

Case Briefs High Courts

Whether refusal of registered owner to surrender registration certificate or his abscondence, is mandatory to exercise power under S. 51 (5) of MV Act? Allahabad HC answers

In case the certificate was lying in the vehicle at the time it was repossessed, the impugned order directing for the vehicle to be registered in the name of the financier would not cause any prejudice nor could be said to be contrary to any provisions of law.

Case Briefs High Courts

Seashore Chit Fund Scam: Orissa High Court rejects Transfer petition of 19 Criminal cases to CBI Court

The Director of Seashore Group of Companies was seeking Transfer of Criminal Cases pending against before various Courts to CBI Court as the CBI Court had clubbed other 22 FIRs pending against him.

Case Briefs Supreme Court (Constitution/Larger Benches)

Nomination of arbitrator by ineligible persons: SC defers hearing as Centre considers Reforms to Arbitration and Conciliation Act, 1996

Two Benches of the Supreme Court had expressed their disagreement with the view taken in Central Organisation for Railway Electrification v. ECI-SPIC-SMO-MCML (JV), therefore, the matter was referred to larger Bench.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Relief for Tata Power | APTEL stays MERC’s tariff schedule for FY 2023-24

The Tribunal regarded the hike in violation of Section 61(d) of the Electricity Act, 2003 and against the larger public interest, which is one of the critical factors to be taken into consideration in deciding whether to grant interim relief.

Case Briefs High Courts

Major Discrepancies in Deposition of Victim; Gujarat HC upholds Acquittal of Rape Accused

The Court stated that if at all an offence is committed at a particular time, there cannot be inconsistency in the time of offence in the deposition and the FIR registered by the informant herself.

Case Briefs High Courts

Orissa HC seeks explanation from Judicial Officer for Sentencing Rape Convict to less than Prescribed punishment

The Additional Sessions Judge had sentenced the Rape Convict to undergo rigorous imprisonment for seven years for the offence under section 376(1) of the IPC.

Case Briefs Supreme Court

SC grants Bail to Juvenile Delinquent who spent 489 days in custody as an Adult and 242 days in Juvenile Home

A chargesheet was filed against the Juvenile Delinquent for offences under Sections 363, 366-A, 368, 376 of the IPC and Section 3, 4, 16 and 17 of the JJ Act.

Case Briefs High Courts

Teachers of unaided private schools are entitled to same pay as government schools: Delhi High Court

“Private unaided schools are also amenable to Writ Jurisdiction as they carry out public function discharged by the State under Article 12 of the Constitution.“

Case Briefs High Courts

Gujarat High Court discharges Man from charges of rape by calling it a case of consensual sex and not false promise of marriage

The Complainant had filed a second FIR against the accused just after the parties had arrived at a settlement before the Court and the first FIR against the accused was quashed.

Case Briefs High Courts

Rape versus ‘Aggravated sexual assault’ under POCSO: Why Orissa HC set aside Trial Court order convicting Man for Rape

The Court found that none of the acts of the convict would come within the definition of ‘rape’ under Section 375 of the IPC or ‘penetrative sexual assault’ under Section 3 of the POCSO Act.

Case Briefs High Courts

Appeal on concurrent jurisdiction stands dismissed, as it fails to comply the test of Section 10 of CPC: Himachal Pradesh HC

If plaint filed in different courts are read juxtaposing each other it cannot be concluded that similar and identical issues are involved in both the cases.