Editor, Author at SCC Times

A Coin Without Another Side: Voyeurism and Under-Inclusiveness

by Shubham Priyadarshi*

2023 SCC Vol. 5 Part 4

Constitution of India — Arts. 32, 14, 19 and 21 — Challenge to judgment of Supreme Court — Maintainability: Approach and duty

Case Briefs District Court

Kerala Court issues summons against Doctors in Organ Transplantation case

Kerala Court pointed out that the Transplantation team got access to the patient even before the declaration of brain death.

Case Briefs Foreign Courts

[2011 Nigerian Oil Spill] UK Supreme Court unanimously rules in favour of Shell International; dismisses claims of continuing private nuisance

Supreme Court of United Kingdom: The instant cases filed against Shell International for compensation of damages resulting from 2011 oil spill, the

Case Briefs High Courts

[Fight over a Cat] Meghalaya HC discharges Son-in-law from Attempt to Murder of Father-in-Law

Meghalaya High Court said as the son-in-law did not have the intention to cause death.

Case Briefs High Courts

JJ Act recognises a Single Parent to be eligible for being an Adoptive Parent; Bombay High Court allows single working women to Adopt a Child

The Court said that the comparison done by the Competent Court between the biological mother being a housewife and the prospective adoptive mother (single parent) being a working lady reflects a mindset of the medieval conservative concepts of a family.

Case Briefs High Courts

[Uttarakhand Communal Tensions] Paramount duty of State to ensure that law, order and peace is maintained in the State: Uttaranchal HC

The Court directed the State to fulfill its Constitutional Obligation to maintain peace in the State.

Case Briefs High Courts

Gauhati HC answers whether extraordinary jurisdiction under Art 226 of the Constitution can be invoked for trivial causes

‘It is unfortunate to notice that a trend has been set to file applications under Article 226 of the Constitution at the drop of hat. Numerous cases has been filled with imaginary and very trivial causes of action. The court is of the opinion that such trend should be nipped in the bud and filling of writ petition of this nature has to be discouraged.’

Case Briefs Supreme Court

[Railway Compensation Claim] Mere absence of railway ticket on deceased does not negate them of being a bonafide passenger: SC

‘Passenger’ would include a person who has purchased a valid ticket for travelling by a train carrying passengers on any date or a valid platform ticket and becomes a victim of an untoward incident.

Case Briefs High Courts

[Medical Negligence] ‘High Court cannot act as an expert body with reference to medical terminology’; Madras High Court dismisses petition seeking compensation

“It is for the Doctors to take a decision and continue the treatment by following the medical protocol. Contrarily, High Court cannot interfere with the opinions of the medical expert by acting as an expert body which is not desirable, and it will lead to excess exercise of powers of judicial review conferred under Article 226 of the Constitution”

Law made Easy

Just a Bystander or a Good Samaritan? An Insight on Multi-Jurisdictional Approach on Duties of Bystanders

Every human being whose life is in peril must have a right to assistance.

Case Briefs Supreme Court

RIICO not a statutory body but a Company brought into being under the Companies Act, 1956 by State of Rajasthan: SC

The Supreme Court further held that when the actions of a Committee constituted by Cabinet are validated by the Council of Ministers and the rest of the Council, it ensures that the Rules of Business were followed by the State Government in the course of decision-making process.

national consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Hospital wins medical negligence case, but pays compensation on humanitarian grounds

While dealing with the challenge against the order of SCDRC, the NCDRC found that the hospital made every possible attempt during medical complications after a successful surgery.

Case Briefs High Courts

Person of Muslim Community not entitled to SC Certificate: Punjab and Haryana High Court while upholding Assistant Professor’s removal from service

The Court said that the petitioner could not be given the benefit of Horizontal reservation as he was not able to prove that he had obtained more marks than the last selected candidate of the General category.

Case Briefs High Courts

Gujarat High Court allows Termination of 20 weeks of Pregnancy of Minor Rape Survivor

Gujarat High Court has directed to undertake the medical termination procedure with all due care and precautions.

Case Briefs High Courts

[Gujarat Wind-Solar Hybrid Power Policy] Gujarat HC issues Notice to Energy and Petrochemicals Department in Extension of Policy case

The Gujarat Wind Solar Hybrid Power Policy, 2018 is set to expire on 19-06-2023.

Case Briefs High Courts

[Alarnatha Temple] Orissa HC directs separate arrangements for early darshan by old, physically disabled and women

The Court gave a slew of directions to ensure the smooth and peaceful darshan of the deity during Anasara.

Case Briefs High Courts

DNA Paternity test cannot be allowed in routine manner, can only be permitted in exceptional circumstances; Rajasthan High Court reiterates

Rajasthan High Court observed that the DNA Paternity Test requires to be conducted only in exceptional cases, and therefore, the child cannot be used as a weapon to get divorce on ground of adultery, on the strength of outcome of a DNA Paternity Test.

Case Briefs High Courts

‘PIL must be used as an effective weapon in armory of law for delivering social justice to the citizens’; Orissa HC dismisses petition challenging Rs. 2000 Notes Exchange

A publicity interest litigation should be nipped in the bud so that valuable time of the Court is saved which can be effectively utilized in reducing huge pendency of cases.

Case Briefs High Courts

‘Being an Indian citizen, he made all attempts to destabilize peace in the society by making derogatory posts against PM Modi’; Gujarat HC denies bail

The Court said that a person may like or dislike any person, but it does not mean that he may start using derogatory and abusive language for the Prime Minister of the Country and his late mother.