Editor, Author at SCC Times

Last date for admission in EWS category is 31st December of any given academic year; belated admission impermissible: Delhi High Court

The Delhi High Court held that belated admission in a particular academic year would be totally dehors the scheme of the Delhi School Education Act and Rules, 1973 and would be counterproductive to the very purpose of reserving seats for children belonging to the EWS category.

Case Briefs High Courts

Explained | Why Rajasthan High Court denied relief to Robert Vadra in Money Laundering Case

“The Courts must certainly step in and thwart any and all kinds of injustice, malafide and/or arbitrary exercise of executive power on the liberty of the citizens of this country; however, in absence of the same, any judicial interference in the domain of the executive, would be unwarranted.”

Hot Off The Press News

Supreme Court upholds Centre’s decision of demonetising Rs. 500 and Rs. 1000 currency notes

Supreme Court: In a petition against the demonitisation of Rs. 500 and Rs. 1000 currency notes in 2016, the Constitution Bench of

High Court Round Up Legal RoundUp

[High Court Monthly Round Up] | December 2022 | 100 + Legal Stories including U.P ULB elections; PIL against Koffee with Karan; Bail to journalist Siddique Kappan; Right to be forgotten; Sexual harassment at workplace; Trade mark infringement cases and more

A quick legal roundup to cover important stories from all High Courts in December 2022

Case Briefs High Courts

Karnataka HC refuses to entertain writ petition against Bharat Biotech vis-à-vis a private contract with United Brothers Healthcare Services for supply of Covaxin doses

Karnataka High Court observed that merely because Covaxin is being taken by public, it will not make a private contract enforceable or justiciable in the Courts of law, which are pre-dominantly meant for public law remedy.

Case Briefs High Courts

Allahabad High Court | Removing the corpse from place of murder does not cause disappearance of evidence of murder

Allahabad High Court observed that Section 201 IPC looks upon a person giving false information with intent to screen an offender as an accessory after the fact and makes him culpable as an offender committing an offence against public justice. It partly allowed the appeal against conviction under Section 201 IPC, but upheld the conviction for murder.

Cases Reported SCC Weekly

2022 SCC Vol. 10 Part 5

Criminal Procedure Code, 1973 — Ss. 437 to 439 — Bail applications: If more than one bail application is filed

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can lease be cancelled on the ground of ecological repercussion? NGT to determine the scope of its jurisdiction

It has been alleged that the Ecological concerns have not been taken into consideration while granting lease to certain Salt Plants. NGT will now decide if it has the power to cancel the lease on the grounds that the lease has an adverse impact on the environment.

Case Briefs High Courts

Delhi High Court directs GNCTD to follow the guidelines laid down by the Supreme Court and Animal Welfare Board of India while dealing with the feeding of stray dogs

The Court directed the respondents to identify a place to feed the stray dogs in accordance with the guidelines laid down by the Courts, Supreme Court and AWBI.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Leniency application is like admission of guilt in a cartel; NCLAT upholds penalty imposed on United Breweries, Carlsberg and All India Breweries Association

NCLAT while deciding the issue of cartelisation by breweries observed that lesser penalty application indicates admission of guilt and held United Breweries, Carlsberg India Pvt. Ltd. and All India Breweries Association liable for cartelisation.

Case Briefs High Courts

J&K and Ladakh High Court | FIR is not a sine qua non for processing a case under a life insurance policy if there are sufficient evidence demonstrating accidental death

J&K and Ladakh High Court upheld the decision of the J&K State Consumer Disputes Redressal Commission, allowing the respondents to claim the payment of double the sum assured, as per their deceased father’s life insurance policy, which had a “Double Accident Benefit Cover” clause

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC reacts in negative when the Complainant tries to outstretch the scope and ambit of Section 2(f) of the RTI Act

The issue raised by the Complainant during hearing in the instant matter is not as much as about seeking access to information per se and in fact, it is about the Complainant’s resolve of bringing to fore his grievance pertaining to alleged delay caused by Damodar Valley Corporation in reimbursement of medical expenditure/ bills of pensioners and further seeking clarifications from the CPIO in this regard.

Case Briefs High Courts

[Dynamic Injunction] Delhi High Court passes John Doe order against illegal and unauthorized dissemination of the original content of talkshow series ‘Unstoppable’

Delhi High Court: In the present suit filed by the Plaintiff against Defendants and other parties who are unnamed, technically

Case Briefs High Courts

Undertrial prisoners cannot be detained in custody for an indefinite period: Delhi High Court

The Delhi High Court while granting bail to a man accused of cheating held that undertrial prisoners cannot be placed in custody for indefinite periods of time when a speedy trial does not appear to be a possibility.

Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

DECEMBER 2022 WRAP UP: 22 captivating judgments of Tribunals, Regulatory Bodies and Commissions

Presenting to you tour d’horizon of all the significant decisions covered in the month of December 2022 of the Tribunals, Commissions and Regulatory Bodies.

Case Briefs High Courts

Delhi High Court| Introduction of Voluntary Retirement Scheme by a Department does not automatically qualify an employee to the benefits of the scheme as a matter of right

Whether or not an employee should be permitted to retire in accordance with the Scheme in the event that the Scheme itself provides for retirement to become effective upon completion of the notice period. The VRS that was implemented by the Department is, in essence, an expression of the Department’s aim to prune the overstaffed positions.

Case Briefs High Courts

Madras High Court| Government order warranting Aadhaar authentication from persons availing benefits under social welfare schemes paid out of the Consolidated Fund of India or State is not illegal

Madras High Court dismissed Public Interest Litigation challenging the Government order warranting Adhaar authentication services in the Tamil Nadu Generation and Distribution Corporation Ltd., from persons availing electricity subsidy in Tamil Nadu.

Case Briefs Supreme Court

Supreme Court | Regulation 153(15) of Kerala Electricity Supply Code, 2014 inconsistent with the provision of Section 126 of Electricity Act, 2003, hence invalid

Rules or regulation cannot be made to supplant the provisions of the enabling Act, but to supplement it. What is permitted is the delegation of ancillary or subordinating legislative functions, or what is fictionally called, a power to fill up details.

Case Briefs High Courts

Prosecutrix statement has been totally disbelieved in grave and serious offence under S 376 IPC by non-adherence to basic principles of investigation ; Bombay High Court directs for transferring case to Senior Officer

Bombay High Court remarked that they have come across at least three such cases in last three weeks wherein the statement of the prosecutrix has been totally disbelieved in the grave and a serious offence under Section 376 IPC by not following the law enunciated by the Supreme Court in its catena of decisions. It is the second case in this week wherein Police did not adhere to the basic principles of investigation.

Case Briefs High Courts

Manufacturers of ‘FROOTI’ does not violate Legal Metrology Rules; Kerala High Court quashes complaint

Kerala High Court while deciding the petition against the manufacturers of ‘FROOTI’, interpreted the alleged rules and sections according to the facts, held that the size of MRP and packing date on the plastic bottle of 1.5 litres was in compliance with the Legal Metrology Rules.