Ritu, Author at SCC Times

Cognizance taken by Magistrate and Additional Sessions Judge in parts is not legally permissible: Rajasthan High Court

“Criminal law serves the purpose of maintaining law and order by providing predictability. It protects individual rights …Criminal law deals with offences and helps to protect the society from falling into the state of anarchy.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Homebuyers/Allottees with or without RERA orders are treated equally under Section 7(1) proviso (2) IBC: NCLAT

The NCLAT held that the appellant, having obtained a recovery certificate from RERA, qualified as Financial Creditors.

Case Briefs High Courts

2022 Khargone communal riots incitement| MP High Court directs SHO to consider Congress Spokesperson Aminul Khan Suri’s complaint against BJP’s Kailash Vijayvargiya

The petitioner alleged that the BJP Minister Kailash Vijayvargiya shared a false video on X (Twitter) to incite the communal riots which erupted in Khargone during the Ram Navami in April 2022.

Case Briefs High Courts

‘State Govt best authority to protect temple’s right’; Rajasthan High Court affirms Devsthan Department’s control over temple land acquisition compensation

Rajasthan High Court held that “the Commissioner, being a Treasurer is empowered to exercise its control over the Temple and also to receive compensation in lieu of acquisition of the Temple land.”

Case Briefs High Courts

“To trigger Section 125(4) CrPC, continuous and repeated acts of adultery required”; MP High Court upheld maintenance order

Madhya Pradesh High Court found that the quantum of maintenance awarded by the trial court was reasonable, considering the circumstances and prevailing cost of living.

Case Briefs High Courts

Rajasthan High Court stays cancellation of Rajasthan Madarsa Board Chairperson’s appointment

In the instant matter, the petitioner had filed a motion challenging the cancellation of the appointment and sought a stay due to violation of Section 7 of the Rajasthan Madrasa Board Act, 2020.

Case Briefs High Courts

Existence of ‘Mens Rea’ is essential requirement for conviction under Section 276CC of Income Tax Act: Rajasthan High Court

Rajasthan High Court held that the Income Tax Department failed to prove that there was ‘Mens Rea’, i.e., willful attempt to evade any tax, penalty or interest chargeable on part of the respondent.

Case Briefs High Courts

Suspension of democratically elected persons due to political vendetta weakens foundation of democracy: Rajasthan High Court

Rajasthan High Court held that passing of the suspension order casually in case of elected representatives adversely affects the public at large.

Case Briefs High Courts

Rajasthan High Court stays Single Judge’s directive on ‘Chaotic’ Cause List Segregation until a later date

Rajasthan High Court permitted the Registry to bring to the Chief Justice’s attention any inconveniences expressed by the Single Judge regarding the impugned order for consideration.

Case Briefs High Courts

Force Majeure | Rajasthan High Court waives contractual fees payable to Gram Panchayat during “unforeseen” COVID-19

Rajasthan High Court held that the Court must consider Unforeseen Circumstances in Contract Disputes, thereby, balancing equity for a just decision.

Case Briefs High Courts

Madhya Pradesh High Court affirms decision to close ‘Scrap Sleepers Lifting’ contract and forfeiture of deposited money

Madhya Pradesh High Court rejected the petitioner’s argument for voiding the contract under Section 56 of the Contract Act, 1872, and found the failure to lift scrap was attributable to the petitioner.

Case Briefs High Courts

Rajasthan High Court calls for sensitization of Police and Judicial Officers to ensure protection of sexual offense victims’ identity

Rajasthan High Court criticised the Investigating Officer and Judicial Magistrate, who failed to follow the mandatory provisions contained under Sections 24(5) and 33(7) of POCSO Act and Section 228-A of the IPC.

Case Briefs High Courts

Madhya Pradesh High Court orders release of sealed EVMs for use in the Lok Sabha elections 2024

Madhya Pradesh High Court issued notice to Congress MLA and Leader of Opposition, Umang Singhar to respond to the allegations of adopting corrupt practices.

Case Briefs High Courts

Lying about educational qualification for marriage does not amount to offence under Section 420 IPC: MP High Court

Madhya Pradesh High Court held that no party can be allowed to assassinate the character of a person without any basis as it undermines the integrity of the legal process and individuals involved.

Case Briefs High Courts

Maintenance cannot be denied solely because wife is leading modern lifestyle: Madhya Pradesh High Court

Madhya Pradesh High Court deliberated on whether morality could supersede legal provisions and questioned if leading a modern lifestyle could be deemed immoral.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Interim relief to Deccan Charters; NCLAT stays Corporate Insolvency Resolution Process

The NCLT admitted Section 7 IBC application against the Deccan Charters, Air Charter Company over a default of approx. Rs. 9 Crore 82 Lakhs.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT seeks comprehensive plan from CPCB addressing Environmental Compensation Fund misuse and Health Hazards of Air Pollution

The National Green Tribunal expressed doubt about the permissibility and potential misuse of Environmental Compensation funds by CPCB, specifically for road construction by local bodies like GMC.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT upholds Resolution plan and affirms parties’ right to seek redress for ‘reliefs and concessions’ in Competent Court

The NCLAT upheld the grant of reliefs and concessions regarding shared utilities and services in Resolution Plan to facilitate the smooth and successful implementation of the Resolution Plan.

Case Briefs High Courts

Not providing food to married woman over dowry demands constitutes physical & mental harassment: Madhya Pradesh High Court

Regarding the timing of the FIR in relation to the divorce petition, the Madhya Pradesh High Court held that the pendency of a civil proceeding does not bar criminal proceedings.

Case Briefs High Courts

Challenge to MPPSC’s 87:13 percent formula: Madhya Pradesh High Court issues notice

The MPPSC adopted a two-list formula, 87:13 percent formula, to divide the whole advertisement into two parts to declare result, i.e., holding back the results of 13% of both general and OBC category candidates for appointment and declaring result of 87%.