Ritu, Author at SCC Times

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Absence of NOC not automatically invalidates Security Documents’; NCLT upholds Axis Bank & NKGSB Bank’s claims as Secured Debt

The NCLT held that the Resolution Professional does not have adjudicatory powers to invalidate or challenge the charges based on an absence of NOC.

Case Briefs High Courts

Blind rejection of License transfer request without provision violates principles of Equity, Justice & Good Conscience: Rajasthan High Court

The Court advised the State of Rajasthan to amend the Motor Driving School Registration Scheme, 2018 to include provisions for license transfer to legal heirs.

Case Briefs High Courts

‘Every citizen has right to access temple and offer prayers’; Rajasthan High Court quashes FIR for alleged Trespass at Mahakaleshwar Mahadev Temple

“The fact that the petitioner belongs to a Scheduled Caste/Scheduled Tribe may have caused some discomfort among the Trustees, leading to the denial of access. Such conduct by the Trustees is unacceptable.”

Case Briefs High Courts

Juvenile tried as adult cannot be denied bail solely due to absence of male member in family to supervise him: MP High Court

The primary objective of the JJ Act is the rehabilitation of juveniles rather than punishment. The grant or denial of bail/suspension should be based on the individual’s conduct and circumstances, not solely on the severity of the offense.

Case Briefs High Courts

Rajasthan High Court grants stay on Injunction against Dharma Production’s movie “Jigra” release over Trademark Dispute

The Court is “prima facie convinced that the name of the movie in question would not infringe the trademark rights of the goods and services.”

Case Briefs High Courts

Contamination of Drinking Water | MP High Court orders Testing and Inspection of Drinking Water supply in Central Jail Jabalpur

The petitioner contended that the manner in which drinking water is stored for the Jail inmates, the water will get contaminated, and the inmates are probably not being supplied potable drinking water.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘A One Time Settlement agreement cannot extend the date of default’; NCLAT dismisses Samrat Restaurant’s CIRP plea

The NCLAT held the appellant’s claim was inflated, and the Adjudicating Authority rightly recalculated the actual unpaid amount, which fell below the Rs 1 crore threshold.

Case Briefs High Courts

Mere involvement in criminal case does not automatically negate candidate’s appointment: Rajasthan High Court

“Before reaching to the conclusion as to whether a person is unfit to be appointed in the Government job or not, each case is required to be scrutinized by the competent authorities considering the facts involved in that particular criminal case.”

Case Briefs High Courts

MP High Court issues directions for Strict Compliance of CCTV Maintenance and Police Accountability

Despite the Court granting bail on 11-09-2024, the case was not immediately disposed of, as there were concerns regarding lapses in maintaining CCTV footage at the police station in Manasa, District-Neemuch.

Case Briefs High Courts

MP High Court quashes FIR under Section 370 IPC and JJ Act against Christian Missionary over Adoption of Children

The Court held that “the prosecution of the petitioner is sugarcoated with ill-intention and made to belittle his image in the society.”

Case Briefs High Courts

Denial of arms license to Sportsperson solely based on family background violates Articles 14 and 19(1)(g): Rajasthan High Court

“The petitioner can neither be cursed for her father’s culpability nor can the State tether her with her father’s acts or crimes to continue all through her life, though she had no role to play.”

Case Briefs High Courts

‘Cutting one’s nose is a serious crime due to its physical, emotional and social implications’; Rajasthan High Court denies bail

“Nose is a crucial part of the human body with both functional and symbolic importance. It also holds social and cultural significance, being a prominent feature of the face that contributes to identity, appearance and self-esteem.”

Case Briefs High Courts

Rajasthan High Court takes Suo Moto cognizance on ‘Heartbreaking’ news on homeless widow’s plea for protection of her Children

“Protecting children’s right is not just a legal obligation, it’s a moral imperative that directly impacts the future of our society … The right of protection includes freedom from all forms of exploitation, violence, abuse and inhumane or degrading treatment.”

Case Briefs High Courts

Rajasthan High Court imposes cost of ₹5 Lakhs for non-disclosure of coordinate Bench’s previous order, deems it as “adding fuel to fire”

The Additional Advocate General brought the Court’s attention to a previous order, where the Coordinate Bench of this Court directed the educational institution to apply for a fresh NOC before seeking further relief for future academic years.

Case Briefs High Courts

“Modesty of a woman is Worshipped in our country” MP High Court refuses to quash Rape case despite settlement

“A women survives as a mother, wife, sister and daughter etc. of every person. Her body is known as her own temple as she is specifically known for her sacrifices. Her sacrosanct entity is required to be protected in every circumstances.”

Case Briefs High Courts

‘Reformative theory takes back seat in heinous crimes like terrorism’; J&K High Court dismisses Kashmiri separatist Ashiq Hussain Faktoo’s Remission plea

“The conditions in the Union Territory of J&K are entirely different … this part of the Country has been reeling under militancy for the last more than three decades, as such, the State is justified in dealing with the crimes relating to terrorism in a manner that is different from dealing with similar crimes in Delhi.”

Case Briefs High Courts

MP High Court seeks response in plea challenging State Committee’s expertise on Rehabilitation of migrated Wild Elephant

The petitioner argued that the State committee lacks expertise in handling elephants and suggested involving experts from states like Kerala, which have significant experience in managing wild elephants.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT seeks Government’s response on plea seeking implementation of Star ratings for cars based on fuel efficiency & CO2 emissions

“Vehicular pollution is the most important contributory factor in air pollution and as per the Ministry of Earth Sciences, vehicular pollution is responsible for 40% of such air pollution.”

Know thy Judge

Know Thy Judge | Justice M.S. Ramachandra Rao, the 16th Chief Justice of High Court of Jharkhand

Sworn in as 16th Chief Justice of the High Court of Jharkhand on 25-09-2024, Justice M. S. Ramachandra Rao, a 3rd generation Judge, also served as Chief Justice of High Court of Himachal Pradesh.

Case Briefs High Courts

“Any further investigation after filling of Police Report requires trial court’s permission under Section 193(9) of BNSS”: Rajasthan High Court

The Court noted that since the petitioner was not found to be involved in any offence, his plea for quashing the FIR no longer required adjudication.