Ritu, Author at SCC Times

IBC proceedings don’t bar liability under Section 138 of NI Act: MP High Court

The Court held that the proceedings under Section 138 of the Negotiable Instruments Act, 1881 are penal in nature and not akin to civil recovery proceedings.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Indemnity obligation on guarantee is not operational debt’; NCLT dismisses CIRP petition due to limitation and Lack of Privity

The NCLT stated that the petitioner neither had a direct contractual relationship with the respondent, nor was the respondent provided with any goods/services, thereby disqualifying them as an operational creditor.

Case Briefs High Courts

MP Civil Judge Junior Division | MP High Court directs to weed-out ineligible candidates from prelims under Amended Recruitment Rules

The Court stated that the impugned order under review misunderstood the nature of cut-off marks as immutable rather than subject to change based on eligibility criteria.

Case Briefs High Courts

No physical injuries, delayed FIR & subsequent marriage: MP High Court quashes Rape charges amid doubt over prosecutrix’s credibility

“No reasonable person would believe the prosecutrix’s allegations given the circumstances and inconsistencies in her statements.”

Case Briefs High Courts

NCLT restrains Byju’s from utilising funds collected on second rights issue until disposal of mismanagement petition

The NCLT ordered the respondents to maintain the status quo regarding existing shareholders and their shareholding.

Case Briefs High Courts

‘Cries of deceased child’s family can’t be ignored’; MP High Court affirms denial of bail to juvenile in kidnapping and murder case

“A striking balance is necessary while considering the matter of bail of a juvenile from the angle of best interest of the child, demands of justice to the victim and the concern of the society at large.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

DPS Lake Wetland flamingo deaths: NGT takes suo motu cognizance; issues notices to officials

The NGT noted that the news article raises substantial issue relating to compliance of the provisions of the Wetland (Conservation and Management) Rules, 2017, Biological Diversity Act, 2002 and the Environment (Protection) Act, 1986.

Case Briefs High Courts

Husband’s conviction for murder constitutes mental cruelty; wife entitled to divorce: MP High Court

“No wife can live in the matrimonial relationship with the person who is so short-tampered and impulsive turned criminal.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT initiates corporate insolvency proceedings against Himalayan Mineral Water

The application is filed by Jammu and Kashmir Bank against the Himalayan Mineral Waters Private Limited for a total financial debt of Rs. 50,04,38,456/- for the credit facilities availed by Leel Electricals.

Case Briefs High Courts

Non-disclosure of Right to Terminate Pregnancy by Police/Doctors violates Minor Rape Survivor’s Right to live with dignity: MP High Court

The Court criticised the investigating officer and the treating doctor for not informing the survivor’s family about the pregnancy and the option for termination, considering the survivor’s minor status and health risks.

Case Briefs High Courts

“Adding specific dress in Cartoon prima facie indicates attempt to promote enmity”; Madhya Pradesh HC refuses to quash FIR against Folk Singer

The Court stated that applicant’s inclusion of specific dress details not related to the actual incident suggests an intent to attribute the incident to a particular group, potentially inciting enmity and disrupting harmony.

Case Briefs High Courts

Legal heirs of deceased employee entitled to benefits under Mukhyamantri COVID-19 Yoddha Kalyan Yojna: MP High Court

The MP High Court provided compensation of Rs 50 lakh under Mukhyamantri COVID -19 Yoddha Kalyan Yojna and also imposed a cost of Rs. 1 lakh for unnecessary harassment.

Hot Off The Press News

MP High Court issues notice to Election Commission over non-payment for services rendered during 2019 Lok Sabha elections

The petitioner claimed he had only received Rs 8 lakh out of the total Rs 64 lakh owed to him for erecting tents during the 2019 Lok Sabha elections and the Anuppur Assembly by-elections.

Case Briefs High Courts

Rajasthan High Court refuses to quash FIR against two Doctors involved in illegal kidney transplantation racket

“Inherent jurisdiction by the High Court under Section 482 CrPC for quashing of FIR/ complaint should be exercised sparingly, with care and caution in rarest of rare cases.”

Case Briefs High Courts

Rajasthan High Court rejects petition challenging Civil Judge Recruitment’s age eligibility criteria

Rajasthan High Court upheld the validity of Clause 20, concluding it was consistent with Rule 17 of the Rajasthan Judicial Service Rules, 2010.

Case Briefs High Courts

[Autonomy in Panchayati Raj Institutions] | Rajasthan High Court sets aside Panchayati Raj officials’ transfer orders; Reaffirms principles of decentralized governance

The Court held that transfer orders must specify the new duty location to ensure transparency and prevent misuse of administrative discretion.

Case Briefs High Courts

MP High Court criticises Indian Army’s behavior towards missing soldier’s family; calls for reforms of worn-out pension rules

“Instead of helping the family of the missing solider, the Indian Army expects them to get the date of his civil death declared through civil Court, and they are denied to release the pension and other retirement allowances of the missing solider.”

Case Briefs High Courts

Corruption in MNREGA | MP High Court issues notice to Collector for not taking action after investigation

Commissioner of the MP Rajya Rojgar Guarantee Commission confirmed the corruption allegations after investigation and submitted a report instructing the Collector to act.

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice Manoj Misra

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

Special Marriage Act allows inter-religious marriages but does not override personal law prohibitions; MP High Court refuses protection to inter-religious couple

“It is not the case of petitioners that in case if marriage is not performed, then they are still interested to live in live-in relationship. It is also not the case of petitioners that petitioner No.1 would accept Muslim religion.”