Ritu, Author at SCC Times

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.

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Suspension of democratically elected persons due to political vendetta weakens foundation of democracy: Rajasthan High Court

Rajasthan High Court held that passing of the suspension order casually in case of elected representatives adversely affects the public at large.

Case Briefs High Courts

Rajasthan High Court stays Single Judge’s directive on ‘Chaotic’ Cause List Segregation until a later date

Rajasthan High Court permitted the Registry to bring to the Chief Justice’s attention any inconveniences expressed by the Single Judge regarding the impugned order for consideration.

Case Briefs High Courts

Force Majeure | Rajasthan High Court waives contractual fees payable to Gram Panchayat during “unforeseen” COVID-19

Rajasthan High Court held that the Court must consider Unforeseen Circumstances in Contract Disputes, thereby, balancing equity for a just decision.

Case Briefs High Courts

Madhya Pradesh High Court affirms decision to close ‘Scrap Sleepers Lifting’ contract and forfeiture of deposited money

Madhya Pradesh High Court rejected the petitioner’s argument for voiding the contract under Section 56 of the Contract Act, 1872, and found the failure to lift scrap was attributable to the petitioner.

Case Briefs High Courts

Rajasthan High Court calls for sensitization of Police and Judicial Officers to ensure protection of sexual offense victims’ identity

Rajasthan High Court criticised the Investigating Officer and Judicial Magistrate, who failed to follow the mandatory provisions contained under Sections 24(5) and 33(7) of POCSO Act and Section 228-A of the IPC.

Case Briefs High Courts

Madhya Pradesh High Court orders release of sealed EVMs for use in the Lok Sabha elections 2024

Madhya Pradesh High Court issued notice to Congress MLA and Leader of Opposition, Umang Singhar to respond to the allegations of adopting corrupt practices.