Ritu, Author at SCC Times

MP Municipalities Ordinance amending ‘period to move no-confidence motion against Municipal Council Head’ has retroactive operation: MP High Court

The Court criticised the state of uncertainty among various officers due to inconsistent application of the Ordinance and suggested that the State Government should have provided clarity.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Money advanced for clearing land title is an investment, not financial debt under Section 5(8) of the IBC: NCLAT

The NCLAT reinforced that not all financial transactions qualify as financial debts under the IBC.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Insolvency proceeding under Section 95 IBC can’t be continued against legal heirs after personal guarantor’s death: NCLT

“The term “personal guarantor” is defined under Section 5(22) of the IBC as “personal guarantor” means an individual who is the surety in a contract of guarantee to a corporate debtor.”

Case Briefs High Courts

POSH| Sub-Inspector’s transfer, merely on account of pendency of Internal Committee proceedings, unjustified: MP High Court

“The intervenor created an impossible situation of stalemate in herself, bringing the proceedings of the ICC to a standstill and demanding reconstitution of committee which is not contemplated under the POSH Act.”

Hot Off The Press News

J&K High Court issues Fresh Guidelines to reduce pendency of 5-year-plus old cases in District Judiciary

Action Plan for the year 2023-24 for District Judiciary in the UTs of Jammu & Kashmir and Ladakh — Additional Guidelines & Formation of ‘District Case Management System Committee’.

Case Briefs High Courts

Minor girl’s marriage to adult constitutes mental and physical Cruelty, a ground for divorce under Section 13 of Hindu Marriage Act: MP High Court

The Court declared the marriage as null and void on the grounds of mental and physical cruelty as the wife, being a minor, was not ready to perform the marital obligations

Case Briefs High Courts

MP High Court directs CBFC to consider objections before giving Clearance Certificate to Film “Emergency”

The film “Emergency” is set during the 1984 Emergency under former Prime Minister Indira Gandhi and contains scenes violating the Sikh community’s fundamental rights and potentially leading to discrimination and wrongful labelling of young Sikh children who wear turbans as ‘Khalistanis’.

Case Briefs High Courts

Rajasthan HC issues notice in plea challenging amendment to Rajasthan State Litigation Policy & Padmesh Mishra’s appointment as State AAG in SC

The petitioner has challenged the amendment to the Rajasthan State Litigation Policy, 2018, which allowed the appropriate authority to appoint any counsel to any post based on their expertise, effectively bypassing the 10-year experience requirement.

Case Briefs High Courts

Advocate volunteers to cover pregnant minor rape survivor’s delivery expenses on Rajasthan High Court’s request

The State did not oppose the recall of the termination order but contended that the it cannot be directed to bear the medical expenses of the delivery.

Hot Off The Press News

POCSO Court sentences, a 71-yr-old man, to life imprisonment with fine of ₹ 50,000/- for rape of 5-yr-old granddaughter

The complaint was lodged by the victim’s mother, leading to the registration of a case under IPC and POCSO Act.

Case Briefs High Courts

Magistrate can grant interim Residence Order before Trial if plea Prima Facie discloses Domestic Violence: J&K High Court

“Residence order is an urgent relief to protect a woman from her taking shelter on road. Therefore, passing of an interim order of the nature as defined under Section 19 of the Act is well within the jurisdiction of a Magistrate.”

Case Briefs High Courts

‘Unwarranted Suspension burdens Public Funds and wastes Government resources’; Rajasthan High Court quashes Range Forest Officer’s suspension order

“The suspension though is not a punishment but is required to be effected with due caution and vigilance and a civil servant could not be placed under suspension without due application of mind and without examining the need to do so.”

Case Briefs High Courts

‘No Priority orders without Case Statistics’; Rajasthan High Court cautions against interference with trial court’s cause list and priorities

“Order of priority hearing, if granted, place a class of litigants, who move the Court in a separate and preferential category whereas other cases which may be of similar or great antiquity and urgency are left to be decided in the normal channel.”

Case Briefs High Courts

Rajasthan High Court dismisses plea challenging NTA’s 5 marks deduction in NEET-UG 2024

“OMR answer sheets are electronically evaluated for the purpose of ensuring minimum human intervention, so as to ensure secrecy and credibility of the entire examination process.”

Know thy Judge

Upholding a Legacy of Empowerment, Progress and Tradition, Justice Hima Kohli, bids farewell to the Supreme Court

Justice Hima Kohli, who bids farewell to the Supreme Court, became the first woman Chief Justice of the High Court for the State of Telangana and became the ninth woman to be elevated to the Supreme Court of India.

Case Briefs High Courts

Section 311 CrPC| Can Prosecutrix be recalled for further Cross-Examination based on affidavit filed after her initial testimony? MP High Court answers

Section 311 CrPC allows the court to recall a witness if it is essential for a just decision of the case, but such power must be exercised judiciously and with caution.

Case Briefs High Courts

‘Preference Policy not applicable if ‘no qualified ST candidate available’; MP High Court quashes termination of ASHA worker

The Court held that the petitioner’s termination was based on a misapplication of the policy, as no qualified ST candidate was available, and therefore, no preference could have been applied.

Case Briefs High Courts

Right to Life and Liberty to be protected irrespective of marital status or age; Rajasthan High Court directs police protection for minor live-in couple

“It is the bounden duty of the State, as per the Constitutional obligations casted upon it, to protect the life and liberty of every citizen.”

Case Briefs High Courts

Minor defects in Nomination Forms not substantial enough to affect Election Result: MP High Court

“The petitioners have not averred as to how the result of the returned candidate can be affected by minor deficiencies. Thus, the petitioners have failed to make out any cause of action.”

Case Briefs High Courts

‘Fair criticism of judicial act in Internal notes does not amount to contempt’; M.P. High Court dismisses proceedings against Tehsildar, SDO

“The Government functions in bureaucratic manner and every opinion has to be recorded in writing. The permission for granting appeal has to be in writing.”