Editor, Author at SCC Times

[Aaj Tak Sting Operation] Certificate under Section 65B can be filed subsequently to ensure fair trial: Delhi HC remands matter back to Trial Court

“In criminal trials certificate in terms of Section 65-B of the Act is to filed before commencement of the trial. However, the Trial Court, in its discretion, after examining any application by the prosecution under Sections 91 or 311 CrPC or Section 165 of the Evidence, may permit production of such certificate at any stage of the trial if no irreversible prejudice is caused to the accused”

Case Briefs High Courts

‘Review is not an appeal in disguise’: Allahabad HC dismisses review application against Order of Remand

There are substantive differences between review and appeal. A decision’s cryptic nature alone does not warrant a review.

Case Briefs High Courts

Explained| How Tripura High Court’s order led to building legal regime for protection of captive animals/seized wild animals

A High-Powered Committee was constituted by the High Court to look into transfer/rehabilitation of captive elephants. Later on, the Supreme extended the Committee’s jurisdiction throughout the country for welfare, care and rehabilitation of wild animals including captive elephants.

Case Briefs High Courts

Crucial to extend education to encompass concept of ‘Virtual Touch’ apart from ‘Good and Bad Touch’; Delhi HC rejects bail application of POCSO accused

The Delhi High Court says that efforts must be taken to teach children about critical thinking skills to assess the credibility of online contacts and safeguard their personal information.

Case Briefs High Courts

Delhi High Court denies permission to a 20-year-old student to abort ‘viable and normal’ foetus

The Delhi High Court said that foeticide would neither be ethical nor legal since the foetus was viable and normal, causing no danger to the life of the mother.

Case Briefs District Court

[Contraband Sampling] Inordinate & unexplained delay of 34 days in filing application u/s 52A NDPS Act; Delhi Court grants bail to foreign national in NDPS case

The accused was a foreign national and was caught with a significant amount of contraband substance, 2975.2 grams of heroin, in his luggage.

Case Briefs High Courts

‘Retirement benefits are hard-earned benefits, not gifts’: Manipur HC quashes an order demanding deduction from retirement gratuity

“It is well settled that pension is not a bounty, being a hard-earned benefit of an employee who has put in long and dedicated service till the age of retirement.”

Legislation Updates Rules & Regulations

SEBI notifies Securities and Exchange Board of India (Employees’ Service) (Second Amendment) Regulations, 2024

The Board made the regulations to amend the Securities and Exchange Board of India (Employees’ Service) Regulations, 2001

RBI amends Foreign Exchange Management (Deposit) Regulations

Legislation Updates Rules & Regulations

Foreign Exchange Management (Deposit) (Fourth Amendment) Regulations, 2024

The Foreign Exchange Management (Deposit) Regulations, 2016 has been amended by the Reserve Bank of India by Foreign Exchange Management (Deposit) (Fourth Amendment) Regulations, 2024.

Case Briefs High Courts

Delhi HC refuses plea of ailing accused to be admitted in specialized care facility; Sends him back to Tihar Jail

The Delhi High Court directs for a Medical Board to be constituted at AIIMS to examine the deteriorating health of ailing accused.

Case Briefs High Courts

‘Sacrosanct right of woman to bodily integrity under Art. 21’: Kerala HC allows minor rape victim to terminate pregnancy of 28 weeks

“The right of a woman or a girl to make autonomous decisions about her own body and reproductive functions is at the very core of her fundamental right to equality and privacy”

Case Briefs High Courts

EWS admissions now permissible beyond December 31 in Academic Sessions: Delhi High Court

It can no longer be said that the fixing of cutoff date 31 December as a date beyond which no order of provisional admission can be passed, is a principle which should be regarded as judicially binding, till a hierarchically superior court speaks on it.

Case Briefs High Courts

Non-production of the accused before Trial Court on 70 occasions; Bombay HC grants bail; Flags procedural failure by prosecution

Even though the applicant in the instant case was accused of serious crimes, the Court granted bail stating that an accused must be granted bail if their trial was not effectively progressing and protracted for no fault of theirs.

Case Briefs Foreign Courts

Electoral Court of South Africa upholds the candidature of Jacob Zuma for the upcoming general elections in May 2024

The Court held that a person convicted of an offence and sentenced to more than 12 months’ imprisonment does not immediately become ineligible to be a member of the National Assembly and found Jacob Zuma’s disqualification to be incorrect.

Cases Reported High Court Cases

Cases Reported in HCC [April]

Bombay High Court Education Law — Maharashtra Public Universities Act, 2016 — Whether definition of “teacher” includes Principal — Held, going by

Case Briefs High Courts

Telangana High Court directs Delhi Police not to take any coercive action in alleged doctored video of Union Minister Amit Shah’s case

The High Court found the cause of action to be untenable as the petitioners were already accused in a similar case.

Case Briefs High Courts

Party not contacting counsel for 6 years, cannot seek condonation of delay alleging that counsel did not inform about disposal of case: Allahabad HC

Allahabad High Court noted that while the appellants alleged their counsel failed to inform them about the case’s dismissal, there’s no evidence they actively sought updates from the counsel during the six-year period.

Case Briefs High Courts

Once school declared an aided educational institution, State Education Tribunal has jurisdiction to adjudicate questions of employment & not Regional Director: Orissa HC

“The School was given the status of grant-in-aid and become a non- Government aided educational institution within the meaning of Section 2(b) of the Orissa Education Act, 1969 during pendency of the appeal, which was related to the termination of services of the school peon, the Regional Director ceased to have jurisdiction and it was the State Education Tribunal, which was the competent forum to adjudicate.”

Case Briefs High Courts

“Matter of concern” that Delhi HC Legal Services Committee did not assist litigant despite several requests; Delhi HC demands affidavit for explanation

Delhi High Court instructs that if any aid is sought by any litigant eligible for legal aid, then the Legal Service Authorities shall take prompt action.

Case Briefs High Courts

‘Cryptocurrency not ‘money’ under PCMCS Act’; Orissa High Court grants bail in cryptocurrency ponzi scheme case

“Mere dealing in cryptocurrency cannot be treated as illegal.