Ritu, Author at SCC Times

Justice Sudhanshu Dhulia Tigmanshu Dhulia

Know Thy Judge | The Remarkable Odyssey of Justice Sudhanshu Dhulia – from Bar to Bench

Justice Sudhanshu Dhulia is a second-generation legal professional who joined the Bar at Allahabad High Court and went on to become Judge at Supreme Court of India.

Case Briefs High Courts

Protection and Welfare of J&K’s Ancient Hindu Temples| J&K High Court dismisses PIL as withdrawn; grants liberty to file fresh PIL

The petitioner prayed to withdraw PIL with the liberty to file a fresh, as the petitioner wants to file a detailed representation before the concerned authorities regarding specific instances of temple property encroachment by the Mafia.

Case Briefs High Courts

J&K High Court issues contempt notice to UT Govt. officials over careless attitude towards Judicial Order’s compliance

“If contempt cases are to linger on inordinately without compliance, the very existence of this Court is meaningless.”

Case Briefs High Courts

MP High Court upholds Additional District Judge’s removal from service over “double standard in handling bail applications”

The Court reaffirmed that the court’s role in judicial review is limited to examining the decision-making process and not to re-evaluate the evidence or impose a different penalty.

Case Briefs High Courts

Waqf Board has no jurisdiction over property declared as ancient monument: MP High Court

The Court noted that the property in question, which includes ancient monuments like the Tomb of Shah Shuja, Tomb of Nadir Shah, and Bibi Sahib’s Masjid, had been declared as protected under the Ancient Monuments Preservation Act, 1904.

Case Briefs High Courts

MP High Court stays proceedings in Parental Abuse Case initiated by Children; imposes ₹1,000 cost on counsel’s failure to file Vakalatnama

The instant matter involves a complaint filed by children against their parents alleging physical abuse and restrictions on their use of mobile phones and watching TV during the COVID lockdown period in 2021.

Case Briefs High Courts

“Drug Addicts are added burden to law-abiding population”; Rajasthan High Court denies bail due to risk of re-offending

“Youth forms the basic unit of the society. The harmony of the society depends on its younger members. When the members of society become drug abusers then it disturbs the entire societal harmony.”

Case Briefs High Courts

Rajasthan High Court issues directives to curb practice of proxy teaching in Govt. schools

“The quality of education imparted to the future citizens of the nation depends upon the quality of teachers, who are appointed to teach them.”

Case Briefs High Courts

Judicial Indiscipline| Rajasthan High Court condemns trial court’s disregard for orders while framing charges; calls for action against Presiding Officer

The Court set aside the impugned order framing charge under Section 307 IPC and discharged the petitioners from this charge.

Case Briefs High Courts

Revenue officers’ inability to understand Court orders leads to MP High Court directing 6 Months training to enhance Judicial understanding

The Court directed the revenue officer to undergo a six-month training program to improve their understanding of judicial and quasi-judicial responsibilities when they pleaded inability to understand court order to reopen mutation file.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Absence of specific waiver provision indicates Legislative Intent to strictly follow Section 43 of LLP Act: NCLT

“A provision vesting “inherent powers” on a Court or Tribunal are to be used sparingly and should not be used to imply and read in substantive powers where the statue itself does not prescribe such powers.”

Case Briefs High Courts

2024 Lok Sabha elections | MP High Court issues notice to Khandwa BJP MP Gyaneshwar Patil for allegedly filling ‘false affidavit’

The Congress candidate Narendra Patel filed an election petition alleging that the BJP MP Gyaneshwar Patil suppressed material information in his affidavit in the 2024 Lok Sabha elections for the Khandwa constituency.

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice Ujjal Bhuyan

On 05-07-2023, the Supreme Court Collegium had recommended the appointment of Justice Ujjal Bhuyan, Chief Justice, High Court for the State of Telangana to the Supreme Court of India. Upon acceptance of the recommendation by the Law Ministry, Justice Bhuyan took oath as Supreme Court Judge on 14-07-2023.

Case Briefs High Courts

Madhya Pradesh High Court orders enquiry against Trial Court Judge for ‘blindly’ signing wrong order sheets written by clerk

The Court dismissed the bail application with the liberty to the applicant to renew his bail application after the co-accused surrenders.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT approves replacement of IRP with Insolvency Professional Entity based on CoC’s resolution & IBC’s timeline

The NCLT noted that Form AA, meant for individual Insolvency Professionals, had been modified by the Insolvency Professional Entity to fit its consent as no separate form for IPEs exists.

Case Briefs High Courts

MP High Court refuses to quash FIR against NHAI officials who failed to demonstrate ‘Good Faith’ in road maintenance/ditch closures

The Court stated that the applicants had not acted in good faith, as they failed to take necessary steps to maintain the road or close/regulate traffic despite knowing the hazardous condition.

Case Briefs High Courts

MP High Court denies CBI investigation in Fake Encounter case; increases cost payable by State to Rs. 1,00,000/- for police’s insensitivity

“There is no explanation given by the Police before the writ Court, as well as before this Court as to why no action was taken on the complaint made by the petitioner about the missing of her son.”

Case Briefs High Courts

“Took almost five decades for Centre to realise its mistake”; Madhya Pradesh High Court on ban on Govt. Employees from joining RSS

“The Court laments the fact that it took almost five decades for the Central Government to realise its mistake; to acknowledge that an internationally renowned organisation like RSS was wrongly placed amongst the banned organisations of the country and that its removal therefrom is quintessential.”

Case Briefs High Courts

MP High Court slams State’s ‘pathetic attitude’ towards non-compliance of court order; grants extension and imposes Rs. 50,000 Cost

The Court stated that the State may recover the amount of cost after fixing the “responsibility on some erring officer who has derelicted in not complying with the order in time”.

Case Briefs High Courts

MP High Court quashes charges under Muslim Women (Protection of Rights on Marriage) Act; stresses on need for UCC to curb superstitious practices

“There are a lot of other deprecating, fundamentalist, superstitious and ultra-conservative practices prevalent in the society that are clothed in the name of faith and belief.”