Ritu, Author at SCC Times

Heated exchange between couple/family members over meal preparation not sufficient to prove abetment to suicide: J&K High Court

The Court stated that the presumption under Section 114-C of the Evidence Act regarding dowry deaths could not be applied without credible evidence of dowry harassment.

Case Briefs High Courts

Burning dead body inside someone’s house without proper rites is disrespectful & desecratory; Rajasthan High Court denies bail

The complainant was coerced into following a tribal or customary practice, such as “Mautana,” which involves compensating or appeasing the family of the deceased in cases of accidental death.

Case Briefs High Courts

Wife’s education alone does not bar her ‘Right to Maintenance’; Husband’s support still required: MP High Court

The Court, however, opined that “Section 125 of CrPC has not been constituted to create an army of idle or inactive people waiting for maintenance to be awarded from the income of the other spouse.”

Case Briefs High Courts

MP High Court seeks State’s reply on ban on sale of meat, eggs & related products during Ganesh Mahotsav

The Court observed that the effect of the order was limited to 17-09-2024, indicating that the immediate urgency of the issue may be moot, however, recognised the need to address the concern of setting a future precedent.

Know thy Judge

Himachal Pradesh High Court bids adieu to Justice Rajiv Shakdher after a brief tenure of 24 days as its 29th Chief Justice

Justice Rajiv Shakdher’s distinguished career spans several decades of dedicated service to the legal profession and the judiciary. His expertise in commercial, corporate, and taxation law, combined with his administrative experience, has earned him a reputation as a forward-thinking and capable Judge.

Case Briefs High Courts

MP High Court directs authorities to decide on Rehabilitation of migrated Wild Elephant as per Section 11(1)(a) of Wild Life Protection Act

The petitioner pointed out that respondents are keeping the elephants in captivity and in process giving inhuman treatment and out of 10 elephants, 2 elephants died and the respondents have concealed this fact from the Court.

Case Briefs High Courts

“Say ‘Bharat Mata ki Jai’, Salute tricolour 21 times”; MP HC grants bail to accused for shouting “Pakistan Zindabad, Hindustan Murdabad”

The Court opined that applicant may be released on bail by imposing some conditions which may enthuse in him the sense of responsibility and a pride for the country in which he is born and living.

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.”