Ritu, Author at SCC Times

Contempt of Court | MP High Court imposes ₹1 lakh cost on news editor for vilification of a sitting judge in a 2011 news report

Madhya Pradesh High Court stated that despite opportunities, the respondent failed to offer a genuine apology or show remorse for his actions.

Case Briefs High Courts

‘Throwing 13-month-old child on floor’ in courtroom: MP High Court rejects application for FIR quashment in light of serious allegations

Madhya Pradesh High Court stated that “throwing a 13-month-old child on the floor by itself would amount to an attempt to murder and throwing a paperweight towards his head would further aggravate the situation.”

Case Briefs High Courts

MP High Court issues notice to Kareena Kapoor Khan for use of word ‘Bible’ in her pregnancy book’s title

Whether the use of the word “bible” in the title of Kareena Kapoor Khan’s book constitutes an act that offends religious sentiments, specifically those of Christians?

Case Briefs High Courts

Mob lynching of rape accused| ‘People not allowed to take law in their hands’; Rajasthan High Court denies bail

“Mob-lynching practice is not acceptable in civilized society at any cost. We are not living in a barbarian society.”

Case Briefs High Courts

Lok Sabha Elections 2024 | MP High Court affirms rejection of INC’s substitute candidate’s plea to contest from Indore as ‘approved candidate’

Madhya Pradesh High Court opined that interference during the electoral process should be avoided, and issues regarding nomination rejection should be raised through an election petition rather than a writ petition.

Case Briefs High Courts

Exclusion of Professors/Department Heads indicates favoritism; Selection Committee playing ‘a game of pick and choose’: MP High Court

Madhya Pradesh High Court held that non-inclusion of Professors/Head of the Department in selection committee amounts to violating the mandate of Madhya Pradesh Makhanlal Chaturvedi Rashtriya Patrakarita Avam Sanchar Vishwavidyalaya Adhiniyam, 1990.

Case Briefs High Courts

No disciplinary action required for temporary employee’s termination due to unsatisfactory performance: MP High Court

Madhya Pradesh High Court stated that the petitioner, being an educational institution, is governed by specific laws and regulations concerning service conditions, which was not adequately considered by the Labour Court.

Case Briefs High Courts

No bar on permanent parole under Rule 14(c) of Rajasthan Parole Rules for overstaying temporary parole: Rajasthan High Court

Rajasthan High Court held that the present case falls under the category of cases of non-application of mind by the competent authority while rejecting the application for permanent parole.

Case Briefs High Courts

Unnatural sex by husband with wife not offence under Section 377 IPC: MP High Court

Madhya Pradesh High Court held that under Section 375 of IPC any sexual intercourse or sexual act by the husband with his wife not below the age of fifteen years is not a rape, therefore, absence of consent of wife for unnatural act loses its importance.

Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

Tribunals and Commissions Roundup April 2024 | Maggie Noodles consumer dispute, Bengaluru water crisis, Flipkart’s Liability, missing girls in Andhra Pradesh; and more

The State Commission absolved Flipkart from any liability as it was merely facilitating the sale through its portal. However, it was noted that Flipkart should have displayed a strict attitude vis-à-vis breach of terms regarding sale of counterfeit products on its site.

Case Briefs High Courts

Ujjain Sinhast Terror Alarm | MP High Court refuses to suspend sentence of man accused of creating potential Communal Disturbance

The prosecution alleged that the appellant, along with a co-accused, conspired to create disturbance during the Sinhast occasion at Ujjain by leaving behind the bag with explosive substances and forged identity documents to falsely implicate a particular community.

Case Briefs High Courts

‘Patwari is not God’; MP High Court directs to register FIR against Patwari for creating report to prove Former CM’s son title

Madhya Pradesh High Court held that Patwari may be a “demigod in the rural society but, he cannot supersede the legal provision”.

Case Briefs High Courts

Dismissal of complaint for non-appearance not justified when case is transferred without intimation: Rajasthan High Court

Rajasthan High Court held that power of the Magistrate under Section 256 CrPC to acquit an accused is “not to be indiscriminately exercised whimsically and mechanically for the statistical purposes of removing a docket from its rack as it undermines the cause of justice.”

Case Briefs High Courts

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.