Editor, Author at SCC Times

S.439(2) confers power only on High Court or Court of Session to cancel bail granted under S. 436 of Cr.PC: Orissa HC

When it comes to the curtailment of the liberty of a person, it becomes incumbent for the Court to follow the principles of natural justice by giving the opportunity of hearing to the accused

Case Briefs High Courts

‘Telephonic conversations for brief period cannot be construed as hearing’; Delhi High Court sets aside order passed in violation of S. 75 of CGST Act

“The opportunity of hearing, which the Officer is statutorily required to give to the person against whom an adverse decision is contemplated, is not an empty formality, and is a well-recognised principle of audi alteram partem, which has rightly been incorporated in Section 75(3) and 75(4) of the CGST Act.”

Case Briefs High Courts

‘Personal guarantor’s claim of getting right to be heard at belated stage not sufficient’; Delhi High Court dismisses petition, leaves matter open for NCLT

“If in the present case, the petition is entertained, it will eventually subvert the procedure laid down under the Insolvency and Bankruptcy Code, 2016 and the respondent in return will be denied the opportunity to present their case before the concerned NCLT.”

Case Briefs High Courts

[Persons with Disabilities] ‘Struggling to be heard’; Delhi High Court requests ASG to represent Centre for effective adjudication of matter

“This Court is saddened to see such a sorry state of affairs, where members of the petitioner Society, being persons with disabilities and, over and above everything else, being citizens of this Country having an order in their favour passed by a Statutory Authority in 2019, are being compelled to move pillar to post seeking implementation of their rights.”

Case Briefs Supreme Court

‘Courts cannot lose sight of serious accusations against an accused while granting bail’; SC sets aside cryptic and casual bail order

The Supreme Court said that due consideration must be given to the facts which are suggestive of the nature of crime, the criminal antecedents of the accused and the nature of punishment that would follow a conviction vis-à-vis the offences alleged against an accused.

Case Briefs Supreme Court

SC warns States/UTs for failure to submit response on National Policy on Menstrual Hygiene

The Court directed the States and Union Territories to submit their responses positively by 31-08-2023.

Case Briefs High Courts

Maternity leave is inherent Right of every Woman Employee and cannot be denied on Technical Grounds: Orissa HC

Denying a woman employee her basic human right to maternity leave would be an assault on her dignity as an individual and thereby offend her fundamental right to life guaranteed under Article 21 of the Constitution.

Case Briefs High Courts

“If the Motive for Crime was Not a Casteist Attack, a Person Cannot Be Dragged for Offence Under SC and ST (Prevention of Atrocities) Act”: Gujarat HC

The SC and ST (Prevention of Atrocities) Act, 1989 is essentially meant for protecting the members of a SC and ST from atrocity or oppression, however, it cannot be allowed to be misused.

Case Briefs Supreme Court

Gyanvapi Mosque| SC stays ASI Survey till July 26; allows Anjuman Intezamia Masajid Committee to move Allahabad HC

The Supreme Court was hearing a petition against the Varanasi District Court’s Order wherein ASI was directed to undertake scientific survey of the Gyanvapi Mosque to find out whether the same was constructed over a pre-existing structure of Hindu Temple.

Case Briefs Supreme Court

Writ Petition filed after Suit seeking same relief was withdrawn without liberty to file afresh not Maintainable: SC reiterates

The Supreme Court called the matter at hand a classic case in which a litigant had been able to mislead the Courts and authorities at different levels to put life into his stale claim.

High Court Round Up Legal RoundUp

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.

Hot Off The Press News

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.