Editor, Author at SCC Times

[BCI circular] Kerala High Court directs college to consider 5-year LL.B. admission to Polytechnic/Diploma holder

Kerala High Court directed the law college Principal to consider petitioner's admission to 5-year LL.B. course, disqualified on the ground of academic qualification. The Bar Council of India recently updated qualification for admission to 5-year LL.B. course allowing students of 3-year Diploma/Polytechnic courses.

Case Briefs Supreme Court

Recognised institution’s employee can’t be terminated without prior approval of Director of Education; Supreme Court reiterates

Supreme Court said that prior approval of the Director of Education is mandatory as per Section 18 of the Rajasthan Non-Governmental Educational Institutions Act, 1989, on termination after the disciplinary proceedings.

Case Briefs High Courts

Bombay High Court grants interim bail to former Chairman Videocon Group, Venugopal Dhoot for his arrest being in violation of Section 41, 41-A CrPC

Merely by mentioning in the arrest memo that the petitioner has been inconsistent in his statements before the Investigating Officer and has kept on changing his versions and as such, has not co-operated with the investigation in disclosing full and true facts, is not sufficient and the same cannot be a ground of arrest as it is unacceptable and contrary to the mandate of Section 41(1)(b)(i)&(ii) from (a) to (e) of the CrPC.

Case Briefs High Courts

Kerala High Court | If a party has taken steps considering the factor of subsidy, the Government cannot withdraw it retrospectively

Kerala High Court observed that concession or benefit of subsidy can be withdrawn prospectively and not retrospectively, by the Government.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC calls for action against dilapidated condition of a District Child Protection Office in Chennai

The National Human Rights Commission recently called State Human Rights Commission Tamil Nadu and other authorities to act upon the dilapidated condition of District Child Protection Office, Royapuram.

Hot Off The Press News

Department of Justice cannot repeatedly return judgeship proposals; Supreme Court Collegium reiterates recommendation of two Calcutta High Court Advocates

“Moreover, after the Supreme Court Collegium reiterated the proposal on 01 September 2021, it was not open to the Department to repeatedly send back the same proposal which has been reiterated by the Supreme Court Collegium after duly considering the objections of the Government.” said the Collegium.

Case Briefs High Courts

Mandate of the Right to Information Act, 2005 is to promote free flow of information; Gujarat High Court directs Commissioner of Police to publish rules framed under Section 33 of Gujarat Police Act, 1951

The preamble of the RTI Act captures informed citizenry and promotes transparency in the functioning of the government, which makes petitioner entitled to know the procedure followed in the decision-making process of denying the permission to protest.

Case Briefs High Courts

Madras High Court sets aside conviction of a woman who set her minor daughter on fire for offence under Section 302 IPC; Commutes Life sentence to 10 years RI

Madras High Court while dealing with the question that whether the mother had the intention to commit the murder of her daughter, set aside the conviction and sentence of the convict for the offence under Section 302 IPC and convicted her for offence under Section 304(1) IPC and sentenced to undergo 10 years rigorous imprisonment

Case Briefs Supreme Court

Supreme Court settles the dispute with respect to levy of interest and surcharge for belatedly filing Income Tax Return

Supreme Court noted that the ‘interest' only follows the ‘principal', therefore, the ‘principal' being the payable tax, resulted into no liability to pay the tax along with return. Consequently, held that there is no liability to pay interest if there was no liability to pay the tax.

Case Briefs High Courts

Calcutta High Court | Infertility cannot be a ground for divorce

Dismissing the revision petition filed for quashing of FIR and criminal proceeding against the petitioner/husband, the Court held that prima facie case of a cognizable offence of cruelty can be make out against the petitioner/husband therefore inherit power of High Court under S. 482 CrPC cannot be exercised.

Case Briefs High Courts

Make “Pathaan” accessible to visually and hearing impaired persons; Delhi High Court directs Yash Raj Films to prepare audio description, subtitles, and closed captions for the movie

The Delhi High Court directs Yash Raj Films to prepare audio description, subtitles, and closed captions for the movie “Pathaan” so that the movie could be made accessible to visually and hearing impaired persons.

Hot Off The Press News

Supreme Court Collegium reiterates Advocate Somasekhar Sundaresan elevation as a Bombay High Court Judge; says he can't be denied judgeship for expressing his views

The Supreme Court Collegium added that there are no indications of Advocate Somasekhar Sundaresan's links with any political parties with strong ideological leanings and emphasised on the right to free speech and expression under Article 19(1)(a) of the Constitution.

Case Briefs High Courts

Allahabad High Court sets aside Ghazipur Sessions Judge order granting superior class to UP-ex MLA Mukhtar Ansari, in prison

Allahabad High Court said that Mukhtar Ansari is a known gangster, a dreaded criminal and bahubali and more than 50 criminal cases have been registered against him.

Case Briefs High Courts

Delhi High Court permits student to take exams who was debarred from school for non-payment of fees; Necessitates the balance between Rights of child and Rights of School

The rights of a child to education have to be balanced with the rights of the school under the DSER, 1973. If the petitioner is unable to pay the fees of the school, the petitioner certainly does not have a right to continue education in the school in question. However, the petitioner cannot be tormented in this manner in the middle of the academic session.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Strong reason required to keep the application in abeyance; NCLAT dismisses appeal finding no error in Adjudicating Authority’s order

The Tribunal observed that an application under S. 12A cannot be entertained after approval of Resolution Plan by CoC.

Legislation Updates Rules & Regulations

Renewal of certificate of registration of Government vehicles, introduced vide Central Motor Vehicles (First Amendment) Rules, 2023

On 17-1-2023, the Ministry of Road Transport and Highways notified Central Motor Vehicles (First Amendment) Rules, 2023 to amend the Central Motor

Appointments & Transfers News

Supreme Court Collegium lauds Saurabh Kirpal for his openness about his sexual orientation; reiterates his recommendation as a Delhi High Court judge

The Supreme Court Collegium stated that every individual is entitled to maintain their own dignity and individuality, based on sexual orientation. Senior Advocate Kirpal's openness about his orientation goes to his credit and rejecting his candidature on this ground would be contrary to the constitutional principles laid down by the Supreme Court.

Case Briefs High Courts

Delhi High Court quashes arbitral award for ineffective delivery of notice and wrong application of Indian laws in a case governing UAE Federal Labour Law

The Court has a duty to ensure compliance with the principles of natural justice and when an award has been passed without complying with the mandatory principles of natural justice, this Court being the custodian of rights and liberties of parties must take its guard to correct the infirmities which have already been carried out.

Case Briefs High Courts

Allahabad High Court upholds orders passed by Sultanpur Court refusing Delhi CM Arvind Kejriwal’s application to quash criminal proceedings for making derogatory remarks against BJP and Congress

If during course of investigation some credible evidence have been collected, charge sheet has been filed, cognizance has been taken, discharge application has been rejected by the Trial Court by speaking and reasoned order and that order has been upheld by the Revisional Court, by a speaking and reasoned order, then Arvind Kejriwal must participate in the trial proceedings.

Case Briefs District Court

Delay in land acquisition compensation; Gurgaon District Court attaches Executive Engineer’s office

‘The bureaucracy defends the status quo long past the time when the quo has lost its status.' Gurgaon Civil Court orders attachment of the office of Executive Engineer, PWD (B&R) due to delay in compensation against land acquired in 1966.