Editor, Author at SCC Times

Court can exercise extraordinary jurisdiction on clear election irregularities; Bombay High Court rejects disqualified Voters’ Ballot

The committee of the Society has to remove, from the register of its members, names of persons who stand disqualified under the provisions of the Maharashtra Co-operative Societies Act, 1960

Case Briefs High Courts

‘Male member made scapegoat for mistake of both’; Meghalaya HC upholds conviction under POCSO, mitigates life sentence to 10 yrs imprisonment

“A case involving love affair and unfortunately, the male member was made as a scapegoat to undergo imprisonment for the mistakes committed by the two. It is no doubt true that the offence under POCSO Act, 2012 has been made out to impose punishment on the accused, while the so-called victim girl is leading a happy life.”

High Court Round Up Legal RoundUp

HIGH COURT MAY 2024 WEEKLY ROUNDUP | Stories on Delhi serial bomb blasts; Karnataka State Legislative Elections 2023; Childbirth after sterilization; and more

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

Law made Easy

Primacy to Suraksha: Understanding the Bharatiya Nagarik Suraksha Sanhita, 2023

The BNSS adopts a “citizen-centric” approach, balancing the rights of both the victims and the accused, respecting the human rights principles.

Case Briefs High Courts

Allahabad High Court dismisses PIL urging Govt. to publish Justice Rohini Commission report on OBC sub-categorization

“The commission formed under Article 340 of the Constitution which was headed by G. Rohini, former Chief Justice of Delhi High Court, to examine the issue of sub-categorization of Other Backward Classes. It proposed a four-category formula for the equitable redistribution of the 27% quota for Other Backward Classes.”

Case Briefs High Courts

[Childbirth after sterilization] Orissa HC orders Rs. 30K compensation to woman who delivered child after sterilization, considering economic status

The petitioner underwent sterilization when State promoted the Green Card Scheme, whereby, having two-children or fewer was promoted, through various incentives like providing landed properties, reservation of seats in higher education for those two children.

Case Briefs High Courts

Read why Allahabad High Court denied bail to MLA Abbas Ansari

“If such influence whether for monetary reason or under threat or coercion, if can be exercised over police and prison authorities so effectively who are basically enforcers of law then it can be well imagined how Abbas Ansari can effectively garner power to influence any witness or to persuade him to change his stand and this aspect if seen in light of the fact that the evidence is yet to commence”

Case Briefs High Courts

‘Magistrate failed to conduct preliminary inquiry to ascertain roles and duties of individuals before mechanically summoning them’: Allahabad HC quashes criminal cases against officials of Larsen and Toubro

“Magistrate had issued summons without meeting the requirement of Section 202 CrPC., even though the applicants were residing outside the territorial jurisdiction of the Trial Court.”

Case Briefs High Courts

Allahabad HC quashes notifications issued by ARTO banning registration of e-Rickshaws and e-Autos in Mathura and Agra

“Section 178 U.P. Motor Vehicles Rules, 1998 does not contemplate or empowers State to ban registration of new vehicles. Thus, the impugned restriction is beyond the scope of Rule 178 and hence, unsustainable.”

Case Briefs High Courts

‘Computation of 25% students strictly in compliance with S. 12(c) RTE Act’; Gujarat HC dismisses PIL against Gov. Resolution

The instant petition was filed at the verge of commencement of the admission process in the schools in the State and seems to be a result of pre-empting the whole issue.

Case Briefs High Courts

[Death by Suicide] Allegations were general and omnibus in nature; Bombay High Court acquits husband due to insufficient evidence

To attract the charge of Section 306 of the Penal Code, the prosecution must establish incitement, instigation, aiding, or abetment to commit suicide.

ICJ Germany military assistance Israel provisional measures

Case Briefs International Courts

ICJ rejects Nicaragua’s application requesting provisional measures to stop German military aid to Israel amidst the current Gaza Conflict

The Court was of the view that Nicaragua failed to show that Germany’s impugned conduct posed an imminent threat of irreparable prejudice to the rights of Nicaragua.

Case Briefs High Courts

Know why Allahabad HC restrained two advocates from entering Prayagraj District Court and prohibited them from practicing law within the State

“Instances of this kind pose a serious challenge to the very functioning of the judicial system and the incident has to be viewed seriously”

Case Briefs High Courts

Bombay HC falls short of words to describe “mental, psychological and physical state of the victim” while rejecting bail for sexually abusing child for 9 years

Due to the horrendous nature of crime committed by the applicant, the victim, a 17-year-old child, turned into a nymphomaniac.

Foreign Legislation Legislation Updates

Monetary Authority of Singapore introduces new Regulations under Securities and Futures Act for Corporate Governance of approved entities

The Regulations define components relevant to the corporate governance regulation of Approved Exchanges, Clearing Houses, Licensed Trade Repositories, and Holding Companies considering security futures.

Case Briefs High Courts

Bombay High Court directs State to provide information regarding effective implementation of Prohibition of Manual Scavengers Act, 2013

At present, as phase one, Bombay High Court directs that information be called from the Municipal Corporation of Greater Mumbai, Thane Municipal Corporation, Kalyan-Dombivali Municipal Corporation and MiraBhayander Municipal Corporation.

Case Briefs High Courts

Can a married couple seek parenthood under Assisted Reproductive Technology (Regulation) Act, 2021 despite age constraints for one partner? Calcutta HC answers

“Section 21(g) makes no difference between a woman who approaches a clinic for taking resort to such technology individually and a woman who is one of the spouses of a commissioning couple approaching a clinic for similar purposes.”

Case Briefs High Courts

Bombay High Court upholds Cadbury’s termination decision for not being ‘employee’ under MRTU and PULP Act

Both Labour as well as Industrial Court have concurrently held that apart from performing supervisory nature of duties, the petitioner did not himself perform any manual, skilled, unskilled or clerical work.

Legal RoundUp

Bail or Jail | A quick view of top Bail cases in April 2024

A quick recap of Bail cases passed by the Supreme Court and High Courts in the month of April 2024 along with some top stories on Arvind Kejriwal seeking Interim Bail; Puthiyakavu Temple blast; and more.

Case Briefs High Courts

Read why Allahabad HC directed UGC to circulate its guidelines on reform programmes dealing with student misconduct, to all Universities

“Last fetters of colonial legacy which had constrained the Indian educational policy and condemned Indian students have been cast aside by the UGC and the BHU. Reform programmes are liable to imbibe noble ideals and strength of character that insulate students from toxic influences and deter them from deviant actions.”