Ritu, Author at SCC Times

Rajasthan High Court quashes Grievous Hurt charge against temple security in altercation at Eklingji Temple; allows trial for remaining offenses

“Whether or not allegations leveled by the complainant are false or not is a matter of trial and shall be decided by the competent trial Court upon filing of the charge sheet which is proposed as per the factual report.”

Case Briefs High Courts

MP High Court refuses to quash MP Vivek Tankha’s defamation case against Union Minister Shivraj Singh Chouhan

“Indisputably, the public good is a question of fact. Good faith has also to be established as a fact. Ergo, to prove good faith so as to constitute offence of Section 499 of IPC, trial is necessary.”

Case Briefs High Courts

Rajasthan High Court puts end on resident doctors’ strike recognising impact on medical services in State

The Court urged the Resident Doctors to call-off their strike and request their fellow doctors to rejoin their duties and the same is accepted by the doctors representing JARD.

Case Briefs High Courts

Pending departmental inquiry is not a ground to deny Fundamental Right to travel abroad under Article 21: Rajasthan High Court

“This Court is required to draw a balance between the right of the petitioner to travel abroad and also the right of the department to duly proceed with the enquiry against the petitioner.”

Case Briefs High Courts

‘Right to Dignity under Article 21 includes fulfilling marital vows taken during marriage’; Rajasthan High Court grants bail

“Petitioner is a person with family ties and is not a flight risk. Nature of prosecution evidence is mostly all documentary in nature, which has been seized and there is no likelihood of tempering with the same.”

Case Briefs High Courts

‘Right to live with dignity under Article 21 encompasses father’s right to attend son’s wedding’; Rajasthan High Court grants bail

“Right to life does not mean mere right to exist but to live with dignity. Such a right cannot be and ought not be curtailed on the ground that petitioner father’s is an accused in pending cases.”

Case Briefs High Courts

CrPC bars review power under Sections 362 & 397(3); Rajasthan High Court dismisses petition as de facto review attempt

The Court held that the petition was effectively a review in disguise, which is barred under Section 362 CrPC and cannot be entertained.

Case Briefs High Courts

Two employees on same post? Rajasthan High Court directs AVVNL to issue fresh transfer order amid conflicting interim orders

The Court opined that the impugned orders resulted in a situation where the Department has been forced to continue with two employees on the same post and this situation cannot be permitted to be continued.

Case Briefs High Courts

‘Protection of environment is inseparable part of Right to Life’; Rajasthan High Court takes Suo Moto cognizance on encroachment of water bodies

“Water is an invaluable and precious natural resource essential for the survival of all living beings. We cannot imagine life without water. Let it be animals, plants, they require water to complete their daily metabolic activity.”

Case Briefs High Courts

2017 Mandsaur Firing | MP High Court rejects PIL to table Justice Jain Commission Report before MP legislative assembly after 6-7 yrs delay

The Justice Jain Commission Report pertains to the 2017 Mandsaur farmers’ protest, during which police action resulted in five deaths and several injuries.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT upholds Central government’s takeover of Delhi Gymkhana Club; directs conduct of elections for management restoration

The NCLAT noted that the NCLT had not delegated its jurisdiction to the 15-member committee but tasked the committee to act under the NCLT’s oversight, ensuring compliance with its guidance and observations.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Mere disagreement with order or alternative view not sufficient for review’; NGT upholds environmental compensation of ₹10,00,000

The NGT reaffirmed that review proceedings are not an appeal in disguise and should be confined to the specific grounds allowed under law.

Case Briefs High Courts

J&K High Court treats Social Media letter on non-recruitment for Gazetted posts in Ladakh as PIL

The Court acknowledged the grievance raised about the lack of recruitment for gazetted posts in Ladakh, issued notice and sought for the UPSC and Ladakh Government’s response.

Case Briefs High Courts

J&K High Court seeks Govt’s response on reservation policy for transgender community in J&K

The Deputy Solicitor General of India (DSGI), filed a status report on behalf of the UT of Ladakh, stating that a committee is formed to identify the actual number of transgender individuals in both Leh and Kargil Districts.

Case Briefs High Courts

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.