Editor, Author at SCC Times

‘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.

Case Briefs High Courts

Seashore Chit Fund Scam: Orissa High Court rejects Transfer petition of 19 Criminal cases to CBI Court

The Director of Seashore Group of Companies was seeking Transfer of Criminal Cases pending against before various Courts to CBI Court as the CBI Court had clubbed other 22 FIRs pending against him.

Case Briefs Supreme Court (Constitution/Larger Benches)

Nomination of arbitrator by ineligible persons: SC defers hearing as Centre considers Reforms to Arbitration and Conciliation Act, 1996

Two Benches of the Supreme Court had expressed their disagreement with the view taken in Central Organisation for Railway Electrification v. ECI-SPIC-SMO-MCML (JV), therefore, the matter was referred to larger Bench.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Relief for Tata Power | APTEL stays MERC’s tariff schedule for FY 2023-24

The Tribunal regarded the hike in violation of Section 61(d) of the Electricity Act, 2003 and against the larger public interest, which is one of the critical factors to be taken into consideration in deciding whether to grant interim relief.

Case Briefs High Courts

Major Discrepancies in Deposition of Victim; Gujarat HC upholds Acquittal of Rape Accused

The Court stated that if at all an offence is committed at a particular time, there cannot be inconsistency in the time of offence in the deposition and the FIR registered by the informant herself.

Case Briefs High Courts

Orissa HC seeks explanation from Judicial Officer for Sentencing Rape Convict to less than Prescribed punishment

The Additional Sessions Judge had sentenced the Rape Convict to undergo rigorous imprisonment for seven years for the offence under section 376(1) of the IPC.

Case Briefs Supreme Court

SC grants Bail to Juvenile Delinquent who spent 489 days in custody as an Adult and 242 days in Juvenile Home

A chargesheet was filed against the Juvenile Delinquent for offences under Sections 363, 366-A, 368, 376 of the IPC and Section 3, 4, 16 and 17 of the JJ Act.

Case Briefs High Courts

Teachers of unaided private schools are entitled to same pay as government schools: Delhi High Court

“Private unaided schools are also amenable to Writ Jurisdiction as they carry out public function discharged by the State under Article 12 of the Constitution.“

Case Briefs High Courts

Gujarat High Court discharges Man from charges of rape by calling it a case of consensual sex and not false promise of marriage

The Complainant had filed a second FIR against the accused just after the parties had arrived at a settlement before the Court and the first FIR against the accused was quashed.

Case Briefs High Courts

Rape versus ‘Aggravated sexual assault’ under POCSO: Why Orissa HC set aside Trial Court order convicting Man for Rape

The Court found that none of the acts of the convict would come within the definition of ‘rape’ under Section 375 of the IPC or ‘penetrative sexual assault’ under Section 3 of the POCSO Act.

Case Briefs High Courts

Appeal on concurrent jurisdiction stands dismissed, as it fails to comply the test of Section 10 of CPC: Himachal Pradesh HC

If plaint filed in different courts are read juxtaposing each other it cannot be concluded that similar and identical issues are involved in both the cases.

Case Briefs Supreme Court

Judicial Body like NGT cannot simply accept Expert Committee recommendations without complying with Principles of Natural Justice: SC

The Court observed that the recommendations made by an Expert Committee are not binding on the NGT, they are only by way of assistance to enable the NGT to arrive at a correct decision in the matter.

Hot Off The Press News

Delhi Liquor Excise Policy Scam: Supreme Court issues Notice to CBI and ED on Manish Sisodia’s Bail Plea

The Delhi High Court and Rose Avenue District Court had previously denied the Ex-Deputy Chief Minister’s Bail plea.

Case Briefs High Courts

‘AMPT Road to be in top condition’; Meghalaya HC directs State PWD to undertake complete overhauling

The Court also expressed its concern about the same excuse of rain being given by the State to justify the poor conditions of some of the roads, despite it being well known that Meghalaya is one of the wettest places in the world.

Case Briefs High Courts

Constitutional Courts to tread with caution while dealing with challenges to Orders of Specialised Tribunals: Meghalaya HC

The Constitutional Courts would not interfere with a view expressed on interpretation unless it appears to be grossly inappropriate and outlandish.

Case Briefs High Courts

Setback for Former Hockey Player Birendra Lakra; Orissa HC orders fresh Probe into Friend’s Death

The Court said that proper and fair investigation is sine qua non of criminal jurisprudence and directed the CID-Crime Branch to reinvestigate the case.

Case Briefs High Courts

Failure in Verifying Address of Bail Applicant even after Sufficient Opportunities, Orissa HC warns of Contempt Action against Erring Officials

The Constitution of India embodies a federal structure of Government which essentially requires a strong sense of cooperation among not only the Government at the Centre and the States but also the provincial Governments inter se.

Case Briefs High Courts

[Dishonour of cheque] Rajasthan HC suspends sentence of convict and grants him bail till final disposal of Revision

Rajasthan High Court said that the hearing of revision is likely to take more time, thus, it is a fit case for suspending the sentence awarded to the convict.

Case Briefs High Courts

Fake Mark-Sheets for LLB Admission; Gujarat HC upholds decision of Veer Narmad South Gujarat University cancelling Student’s Result

The Court said that the student could not be permitted to take advantage of his own wrong and fraud.