Ritu, Author at SCC Times

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Justify Interim Suspension of Operative Rules; Delhi HC Affirms AFT’s Refusal to Permit NEET PG Appearance Under Superseded Rules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.

Case Briefs High Courts

Section 69-A, IT Act empowers platform-wide blocking: Delhi HC upholds temporary Telegram Ban as proportionate amid risk of fabricate leak claims in NEET-UG 2026

With 2.2 million candidates appearing in the re-examination and unlawful channels reappearing within minutes of every takedown, the Court held that narrower measures had been exhausted and that Telegram’s own CEO’s public admission of “backdating scams” and “hundreds of removed channels” constituted a concession that rendered the platform-wide block legally sustainable.

Case Briefs Supreme Court

Administrative Delays in Workshop Renewals Can’t Prejudice Eligible Candidates: SC Upholds Fresh TNPSC Motor Vehicle Inspector Recruitment Process

The Court held that the candidates included in the revised list of 226 candidates acquired no vested right and must participate in the fresh selection process.

Case Briefs Supreme Court

“Irreversible Stage” Test and Transfer of Winding-Up Proceedings to NCLT Under S. 434 Companies Act Revisited: Supreme Court Issues Notice

The Calcutta High Court had held that, since no irreversible or irretrievable stage had been reached and the appellant’s unpaid claim could still be pursued before the NCLT, interference with Company Court’s order was unwarranted.

Falling Tree Branch Motor Vehicle Accident

Case Briefs Supreme Court

Falling of Tree Branch Not Accident “Arising Out of the Use of a Motor Vehicle”; To Do Complete Justice SC Enhances Compensation to ₹ 25 lakhs Under Article 142

The Court recognised that it would be unrealistic to expect a constant vigil over every tree and shrub within city limits. Likewise, although it may be conceivable that an old branch might eventually give way, public authorities cannot be expected to cut every branch merely because such a possibility exists.

Child Psychological Evaluation in Custody Disputes

Case Briefs Supreme Court

Supreme Court Bars Multi-Expert Panels for Psychological Evaluation of Child Victims in Custody Disputes, Issues 20-Point Guidelines

The Court clarified that the guidelines issued herein are not intended to be understood as exhaustive or inflexible guidelines to be applied mechanically in every case. The determination of such application was left to the sound discretion of the Court concerned, to be exercised on a case-to-case basis.

Case Briefs High Courts

Custody Dispute Concerning Minor Child amid Complex Factual Disputes Require Adjudication by “Competent Family Court”, Not Summary Writ Proceeding: Delhi HC

The Court held that welfare of the child remains the paramount consideration, but such welfare must be assessed after considering all relevant facts and circumstances rather than through a summary determination based on affidavits.