Ritu, Author at SCC Times

Development versus Environment Protection | Rajasthan High Court mandates to plant ‘10 trees for every one fell’ for development & beautification project

“A Master Plan is a policy document for guiding the future development of the cities or towns in a planned manner which cannot be modified or revised… at the whims and fancies of the authority concerned… It should be implemented in larger public interest.”

Case Briefs High Courts

“Farmers’ protest against Jawai Dam water distribution as democratic dissent stemmed from genuine resentment”; Rajasthan High Court quashes FIR

“In a democracy, of the people, by the people, and for the people, peaceful protest is a constitutional right. Simply because an individual took to the streets to protest in order to safeguard their rights when their interests were affected does not imply that they have committed offences.”

Case Briefs High Courts

‘Possibility of accused exploiting victim’s fear can’t be ruled out’; Rajasthan High Court refuses to quash FIRs alleging rape on false promise of marriage

“In Indian societal norms, the matters relating to sexual assault in large number of cases are not being reported by women timely… The possibility of accused taking benefit of the situation… cannot be ruled out.”

Case Briefs High Courts

Rajasthan High Court quashes Revenue Court’s order due to procedural lapse; calls for establishing Administrative Judicial Academy for legal training in Revenue Courts

“An independent and efficient judiciary is the bedrock of any democracy. In India, the increasing complexity of legal disputes burgeoning caseloads and evolving dimensions of justice delivery have necessitated continuous judicial education.”

Case Briefs High Courts

Rajasthan High Court steps in to protect rights of youth in Shelter Homes and abandoned care leavers; issues comprehensive directives

“The path to independence is particularly complex for Care Leavers but with the right policies and support systems in place, these young adults can be empowered not just to survive but to thrive.”

Case Briefs High Courts

Rajasthan High Court refuses to interfere in Sewage Treatment Plant site selection policy decision; dismisses PIL

“It is not for the Court, while exercising extraordinary jurisdiction under Article 226 of the Constitution of India, to decide which site would be more suitable for setting up the sewage treatment plant. This necessarily has to be done by the Government and its Authorities.”

Case Briefs High Courts

Transfer order with assignment to teach unqualified subject is ‘malice in law’ and violates Article 21-A: Rajasthan High Court

“As per the rules the appellant was entitled for appointment in the subject of Social Science and therefore, she cannot be posted at a place where she is forced to teach a subject qua which she is not qualified.”

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice Manoj Misra’s career trajectory and important Judgments

Justice Manoj Misra is the sitting Judge of the Supreme Court of India. He was elevated to the Supreme Court in February 2023 and has formerly served as a Judge in the High Court of Judicature at Allahabad.

Case Briefs High Courts

Victim attaining majority during trial not entitled to “Child-Specific” safeguards under Section 33(2) of POCSO Act: Rajasthan High Court

“The law… does not permit a retrospective resurrection of childhood once the individual steps into legal adulthood; and to permit otherwise would be to dilute the doctrinal rigour of age-based legal classifications and introduce subjectivity into a domain that demands exactitude.”

Case Briefs High Courts

Chief Executive Officer, Zila Panchayat, can withdraw Financial Powers of Sarpanch facing corruption charges: MP High Court

“It is the duty of Chief Executive Officer to ensure that no loss of money or property of Panchayat is caused…”

Case Briefs High Courts

‘Attempt to disrupt communal harmony and reinstate Mughal Order’; MP High Court denies bail under UAPA

“It is for the trial Court to decide it on the basis of the evidence as to what is the material available to prove or otherwise the charges which have been framed.”

Case Briefs High Courts

Forced Unnatural Sex not punishable under S. 377 IPC, but attracts S. 498-A if coupled with cruelty/assault: MP High Court

Cruelty under Section 498-A IPC does not necessarily require proof of dowry demands; physical or mental cruelty alone is sufficient.

Case Briefs High Courts

Medical Termination of Pregnancy | MP High Court upholds minor sexual assault survivor’s right to continue Pregnancy; directs for comprehensive State support

“The right of personal liberty guaranteed under Article 21 of the Constitution of India has held that unmarried woman has right to decide in respect of the pregnancy.”

Case Briefs High Courts

‘Inquiry Committee appears to be hand in gloves with RDVV’; MP High Court orders SIT Probe into Sexual Harassment allegations against VC of RDVV

“The manner in which the investigation has been carried out carves out suspicion on the officials who have carried out the investigation.”

Case Briefs High Courts

Probationary Judicial Officer’s discharge for unsatisfactory performance, even if preceded by complaints, not punitive without misconduct allegations: MP High Court

“The public’s perception of the judiciary matters just as much as its role in dispute resolution… therefore it is imperative to maintain a high benchmark of honesty, accountability and good conduct.” – Rajesh Kohli v. High Court of J&K, (2010) 12 SCC

Case Briefs High Courts

“Declare Summer Vacations as ‘Partial Court Working Days’; constitute extra benches”: Rajasthan High Court Bar Association requests CJ

“Bail Applications, which are pending and have been filed before the Summer Vacations, also deserves to be heard by the summer benches.”

Case Briefs High Courts

MP High Court affirms JJ Act’s jurisdictional primacy over NIA Act in trials involving juveniles

“A person cannot be a juvenile for one purpose and an adult for other purpose. The Courts lean strongly against any construction which tends to reduce a statute to a futility.”

Case Briefs High Courts

‘Menstrual Health can’t be barrier to a girl’s right to education’; Rajasthan High Court upholds nursing aspirant’s educational rights

“A girl’s health condition… should not hinder her access to education merely because that of her hemoglobin was found to be below the prescribed level because of heavy menstrual bleeding.”

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice K.V. Viswanathan’s Legacy & Influential Judgments

Discover the life, judgments, and contributions of Justice K.V. Viswanathan, who, on 19-05-2023, became one of the few lawyers, who were elevated directly from the Bar to the Judgeship of the Supreme Court of India, thereby enhancing the representation of the Bar in the Supreme Court.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Single Homebuyer can’t challenge CoC approved Resolution Plan’; NCLAT upholds CoC’s commercial wisdom

The Resolution Plan has been approved by 83.46% voting share of the CoC, therefore, at the instance of Appellant, approval of Resolution Plan cannot be allowed to be questioned.”