Editor, Author at SCC Times

Punjab and Haryana HC allows for production of electronic records as evidence for upholding free and fair trial under S. 91 of CrPC

“The High Court balanced the right to privacy of police officials with the accused’s right to a fair trial, emphasizing that accessing electronic records crucial for defence did not compromise the former unduly.“

Case Briefs High Courts

Woman can be ‘Karta’ of Hindu Undivided Family; societal perceptions cannot be reason to deny rights expressly conferred by legislature: Delhi High Court

“Experience has shown that any culture or practice that is ingrained in the society is bound to face some apprehension and resistance by the society when systemic changes are made to it. But with passage of time, it becomes a tool of social change.”

Legislation Updates Statutes/Bills/Ordinances

Centre’s new Bills to overhaul Indian Criminal Justice system withdrawn; To be reintroduced after incorporating suggestions of Committee

The decision came in light of the Parliamentary Committee’s recommendations to amend the bills with some major changes relating to adultery, Section 377, etc.

Case Briefs High Courts

Delhi HC refuses to quash FIR against persons accused of kidnapping a child despite settlement between parties, says ‘such settlements raise ethical and legal concerns’

“One has to appreciate and imagine the trauma, stress, the agony of the child, who was only three years of age, that she would have gone through after being kidnapped by the kidnappers from the lawful guardianship of her parents.”

Case Briefs High Courts

Filing of petition cannot be non est, if the defects raised were procedural and curable: Delhi High Court

“Even if the Registry declines registration, the Court has ample power to condone the delay in re-filing. This power has to be exercised liberally although cautiously to avoid delay by an unscrupulous litigant.”

Case Briefs High Courts

Online frauds erode people’s trust in online transactions, discourage newcomers into entering digital realm; Delhi HC refuses to grant bail to a man accused of cyber-crime fraud

“Sensitised to the plight of unsuspecting individuals who fall victim to deceptive mobile applications, the Courts have the responsibility to address the grievances of those who, in their pursuit of technology, end up being defrauded of their hard-earned money.”

Case Briefs High Courts

Chhattisgarh High Court commutes death sentence of man convicted for killing his parents over ideological differences

“Murder was committed by him by 3 gunshot injuries to each of them, hence no doubt, such heinous crime should be deprecated and no amount of criticism can be given to such gruesome act, that too, of his own father and mother.”

Case Briefs High Courts

Orissa HC grants bail to a woman accused under PMLA considering pre-trial detention of 1 year and delay in completion of trial

“The Court, recognizing the significant delay in trial commencement and the uncertainty around its duration, granted bail to the accused and also extended the benefit of the proviso to Section 45 of the PMLA.”

Case Briefs High Courts

Rajasthan High Court grants bail to man accused of providing confidential military information to Pakistani Intelligence

“This lethargic attitude of the prosecution is seriously violating the fundamental right of the speedy trial of the petitioner as guaranteed under Article 21 of the Constitution and in such a situation, the conditional liberty must override the statutory embargo.”

Case Briefs High Courts

Domestic Violence Act focuses on providing immediate relief to victims through maintenance, not Imprisonment for non-payment of maintenance: Delhi High Court

“The Domestic Violence Act was enacted to offer certain civil remedies to the victims of domestic violence. These remedies encompass an array of protective measures, residence orders, and monetary reliefs, designed to address the multifaceted nature of abuse.”

Case Briefs High Courts

Deprivation of livelihood violates Article 21 of Constitution; employer must circumspect before taking away livelihood on stigmatic grounds: Rajasthan High Court

“Even otherwise, trite law it is in service jurisprudence that a stigmatic order passed on ground of alleged misconduct cannot be sustained unless a proper enquiry in accordance with law has been conducted.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Pollution from stubble burning a serious issue arising every year”; NGT directs Punjab and Haryana to prepare action plan for 2024

“The preparation of a comprehensive plan and remedial action for controlling this problem in 2024, needs to start now, including preventive steps.”

Case Briefs High Courts

‘Welfare of child is of prime consideration’: Delhi High Court rejects father’s application to move his seven-year-old child to different school

“If the intent of the appellant is to get the child admitted in Venkateshwar International School, Dwarka, the said school has a branch in Rohini and the respondent is agreeable if the appellant can ensure the admission of the minor child in the said school at Rohini.”

Case Briefs High Courts

Beyond individual victims: Delhi High Court refuses to set aside order convicting man for offence u/s 6 of POCSO; says such crimes “cause ripples through society”

“In discussions surrounding the empowerment of women, education is rightly recognized as a fundamental pillar. However, when such incidents occur that force a girl to abandon her studies, the very notion of empowerment is compromised and society at large bears the consequences.”

Cases Reported Never Reported Judgments

Never Reported Judgement| When Supreme Court denied commutation of death sentence despite passage of significant time since its pronouncement [(1952) 2 SCC 310]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on commutation of death sentence.

MakeMyTrip Dialmytrip restrains deceptively similar

Case Briefs High Courts

[MakeMyTrip v. Dialmytrip] Delhi High Court temporarily restrains Dialmytrip from using ‘Dialmytrip’ mark/name in respect of any travel related services

“Balance of convenience lies in the plaintiff’s favour, considering that it is a well-known company in the travel business who has built its goodwill and reputation throughout the years, if an injunction is not granted it will lead to irreparable loss to the plaintiff.”

Case Briefs High Courts

Mechanism required to ensure action against unauthorized construction systematic, transparent and even-handed: Delhi High Court

“Several cases are filed in this Court every week in which it is alleged that Municipal Corporation of Delhi has taken no action despite several complaints having been submitted regarding a particular construction.”

Case Briefs High Courts

‘Matter is of serious nature’: Delhi HC orders five agencies to share information to find couple accused of manufacturing and selling counterfeit medical devices

“According to the plaintiff, the defendants’ activities pose a huge threat to human life owing to the defendants’ non-compliance with stringent quality check on the efficacy and safety of the products that has been maintained by the plaintiff.”

Case Briefs High Courts

No mandate under CrPC for witness to appear before Court only when summoned; Andhra Pradesh HC sets aside conviction considering contradictory evidence of witnesses

“Unless there is any blatant mistake or error on the face of the record which may lead to miscarriage of justice, the Revisional Court shall not exercise its diligence over the matter.”

Op Eds OP. ED.

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