Ritu, Author at SCC Times

Valid Certificate of Vending Not a Licence to Sell Tobacco Near Schools: Delhi HC Protects Street Vendor’s Livelihood but Directs MCD to Find Alternate Vending Spot

The Court directed the MCD to ensure that the petitioner does not, in any manner, obstruct the ingress to or egress from the school by its students, parents or faculty and sell any tobacco products which could be harmful to the children.

Professional Misconduct BCI disciplinary jurisdiction

Case Briefs Supreme Court

From Blacklisting to Reform: Supreme Court’s IBA Caution List Ruling Opens Door to Mandatory Continuing Legal Education and National Legal Academy for Advocates

The Court called for a shift from occasional seminars to continuous professional learning and proposed a full-time National Legal Academy to strengthen advocates’ skills, ethics, technological competence, and long-term development.

Advocate Blacklisting by Indian Banks' Association

Case Briefs Supreme Court

Whether An Advocate Be Placed on IBA Caution List for Alleged Negligence in Providing Legal Opinion? Supreme Court Answers

The instant dispute arose from Canara Bank’s allegation that the appellant’s legal opinion wrongly certified the entire mortgaged property as belonging to the guarantor, despite prior sale deeds affecting part of it. The Bank treated the alleged omission in title verification as negligence that exposed it to financial risk.

Obtaining Hotel and Call Records in Adultery Case

Case Briefs Supreme Court

SC Upholds Delhi HC’s Order Allowing Wife to Obtain Husband’s Hotel and Call Records to Prove Adultery in Divorce Proceeding

The Delhi High Court had held that seeking hotel stay and call record details to prove the charge of adultery would not violate right to privacy.

Case Briefs Supreme Court

Hash value is an electronic fingerprint; Section 63(4) BSA certificate requirement is valid: Supreme Court

The Court clarified that the Madras High Court’s view in R. v. B., (2024) 1 HCC (Mad) 531, requiring Part B to be signed exclusively by Section 79-A-notified Examiner of Electronic Evidence shall not operate as a binding precedent.

Case Briefs High Courts

Reputational Discomfort Can’t Outweigh Child’s Right to Know Their Biological Parentage, Dignity, And Future; Delhi HC Upholds Order Directing DNA Testing

The High Court held that the constitutional conscience of the Court favours the child’s right to identity over an alleged father’s concern for reputation. Social embarrassment of adults may yield where necessary; the rights of innocent children cannot be sacrificed merely to avoid discomfort.

Case Briefs High Courts

National Stock Exchange of India is a “public authority” under RTI Act: Delhi High Court

The Court held that NSEI would qualify as a “public authority” not only under the second part, but also under the first part of Section 2(h), RTI Act.

spouse assets disclosure in municipal election

Case Briefs Supreme Court

Disclosure of Spouse’s Separate Assets Required, Erroneous Cognizance under Representation of the People Act Curable; SC Remands Matter for Fresh Cognizance

The Court held that an error in taking cognizance under an incorrect statutory provision does not necessarily vitiate criminal proceedings. Under Section 465 CrPC, such an irregularity may be cured unless it results in a failure of justice or causes prejudice to the accused.

Case Briefs Supreme Court

Remission Policy issued under Article 161 Prevails over Statutory Remission Policy under CrPC; SC Declares State of Haryana v. Raj Kumar Per Incuriam

The Court held that where a three-Judge Bench has recognised an earlier materially identical policy as an exercise of Article 161 power, a contrary coordinate Bench decision treating the later identical policy as statutory is per incuriam.

Case Briefs High Courts

Public Figures Must Tolerate Political Satire, But Not Vulgar AI Deepfakes That Cross the Line Into Defamation; Delhi HC Partly Allows Raghav Chadha’s Defamation Suit

The Court reiterated that “a public figure should not be so thin-skinned so as to complain about any criticism of his decisions and such criticism ought to be viewed with humility”.

Case Briefs High Courts

Incoherence in a 3-Year Old’s Narrative Does Not Diminish Its Credibility; Delhi HC Cancels Bail Granted to POCSO Accused School Caretaker

The Court held that absence of external injuries or pending forensic reports cannot, by themselves, justify grant of bail if the trial court had overlooked material circumstances bearing upon the gravity of the offence and the vulnerability of the victim.

NEET PG eligibility of SSC Medical Officers

Case Briefs High Courts

Challenge to a Policy Doesn’t Justify Interim Suspension of Operative Rules; Delhi HC Affirms AFT’s Refusal to Permit NEET PG Appearance Under Superseded Rules

Armed Forces Tribunal refused to grant interim relief permitting the petitioners, SSC Medical Officers, to apply for and appear in the NEET PG Examination, 2026 on a priority basis.

Section 471 DMC Act limitation prosecution unauthorised construction

Case Briefs High Courts

“FIR to wrong Magistrate won’t save the day”: Delhi HC clarifies Section 471 DMC Act limitation and Municipal Magistrate jurisdiction in landmark reference

The Court was called upon to decide the recurring questions concerning the interpretation of Sections 466-A, 467 and 471, Delhi Municipal Corporation Act, 1957, particularly regarding the limitation applicable to prosecutions for unauthorised construction under Section 332 of the Act.

Just Compensation for Permanent Disability

Case Briefs Supreme Court

“Just Compensation” Requires Recognition of Practical Impact of Permanent Disability on Claimant’s Occupation and Future Life: SC awards ₹10 Lakh for Prosthetic Support to Injured Carpenter

“While the loss of leg cannot be compensated, the appellant could be paid pecuniary compensation towards the purchase of the prosthetic leg and its repairs. It would tend to do justice.”

Case Briefs Supreme Court

Amputation Resulting in Complete Loss of Masonry Work Warrants Assessment of 100% Functional Disability Despite 70% Physical Disability: Supreme Court

The Court reiterated that assessment of functional disability must reflect actual loss of earning capacity and not merely physical disability.

court facilities women advocates young lawyers fund Supreme Court PIL

Case Briefs Supreme Court

Lack of proper Ladies’ Bar Rooms a constitutional concern; Supreme Court suggests Young Lawyers’ Professional Assistance Fund to prevent brain drain from the Bar

The PIL highlighted the widespread absence of properly equipped Ladies’ Bar Rooms and essential amenities in High Courts, District Courts, Taluka Courts, Tribunals, Revenue Courts, and Commissions across the country.

Case Briefs High Courts

Advocate Entitled to Agreed Professional Fees Adjustable Against Compensation Amount: Delhi HC Dismisses Client’s Appeal on Failure to Prove Payment

The Court also acknowledged that the advocate’s conduct was improper in retaining the entire amount of Rs.60,000/- received on behalf of the client.

Know thy Judge

Know Thy Judge | Justice Prasanna B. Varale’s remarkable journey from Nippani to the Supreme Court of India

Justice Prasanna Bhalachandra Varale’s journey from the small town of Nippani to the Supreme Court of India is a story of dedication, perseverance, and legal brilliance.

Case Briefs Supreme Court

Article 329(b) Bars Writ Challenge to Rejection of Nomination Papers During the Pendency of Elections; No Exception for Glaring Illegality: Supreme Court

INC candidate Meenakshi Natarajan’s Rajya Sabha nomination from Madhya Pradesh was rejected for non-disclosure of a pending criminal case in her Form 26 affidavit. The Supreme Court declined to examine the merits, holding that the constitutional bar under Article 329(b) admits no exception for cases involving manifest illegality.

Child Welfare in Cross-Border Visitation

Case Briefs High Courts

Immigration Uncertainty During H-1B Visa Transition a Genuine Child Welfare Concern; Delhi HC Allows Father to Exercise Vacation Custody in USA Without Bringing Child to India

The Court asserted that since the respondent-father had already travelled to USA, he could spend time with the child there and to give priority to the minor child, he could extend his stay in USA by working remotely from there.