Ritu, Author at SCC Times

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.”

Case Briefs High Courts

Private documents like telephonic conversation cannot be considered at stage of framing charges: MP High Court

The Court reiterated that the court cannot open its own order on merits specifically in the light of the bar as contained under Section 362 of CrPC.

Case Briefs High Courts

MP High Court calls for action against Investigating Officer over dowry death investigation shortcomings; denies bail to accused

“It was imperative on the part of the Investigating Officer that investigation of an offence such as dowry-death maintains a high level of accuracy and candidness.”

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice M.M. Sundresh

Born on 21-07-1962, in the picturesque city of Erode, Justice M.M. Sundresh has achieved remarkable milestones in his legal career, culminating in his appointment as a Judge of the Supreme Court of India on 26-08-2021. His journey from a small town to the highest echelons of the Indian judiciary serves as an inspiration to many aspiring legal minds.

Case Briefs High Courts

MP High Court denies Writ of Mandamus to restrain authority from taking coercive actions based on alleged ‘illegal’ stop-construction interim direction

The Court held that a writ petition against a show-cause notice is generally not maintainable, as established in Union of India v. Kunisetty Satyanarayana, (2006) 12 SCC 28.

Case Briefs High Courts

Construction of public utility premises near Hanuman Mandir not detrimental to temple’s atmosphere and ecological balance: MP High Court

The Court stated that the petitioner’s failure to provide sufficient details and his criminal background further undermined his petition

Case Briefs High Courts

‘Existing issues sufficient’; MP High Court affirms trial court’s rejection of application for framing additional issues

The Court noted that the additional issue which states that “whether the registered sale deed dated 13.7.2017 was illegally executed” already covers all the ingredients which are necessary for execution of a valid sale deed.

Case Briefs High Courts

BNSS vs CrPC| CrPC to apply to pending trial/investigation registered before Bharatiya Nagarik Suraksha Sanhita came into force: Rajasthan High Court

The Court stated that “if an FIR is registered prior to 01-07-2023 under the CrPC, it would amount to a pending enquiry/investigation within the meaning of Section 531(2)(a) of BNSS.”

Case Briefs High Courts

Hindu deity can hold lands in Jagir only when cultivated by Shebait/Pujari and not by tenants: Rajasthan High Court

The Court set aside the SDO’s order, and subsequent appellate decisions and remanded back the case to the SDO for a fresh enquiry.

Case Briefs High Courts

‘Forcibly entry to school, death threats, scuffles with Police’, No preliminary enquiry needed for FIR against Student Leader for cognizable offence: MP High Court

The Court opined that the objective of a preliminary inquiry is to screen out frivolous and motivated complaints, not to ascertain the veracity of the information received.

Case Briefs High Courts

Bhopal Gas Tragedy Victims’ Treatment and rehabilitation: MP High Court directs implementation of Monitoring Committee Recommendation

The instant matter related to the non-compliance of the Supreme Court’s directives for the treatment and rehabilitation of Bhopal gas victims.