Ritu, Author at SCC Times

Orissa High Court explains scope of High Court’s power under Section 37 of Arbitration and Conciliation Act

Orissa High Court held that the court’s intervention is limited and emphasised on the autonomy of the arbitral process and the finality of the arbitral award.

Case Briefs High Courts

Manipur High Court set asides discharge order of accused involved in transnational drug trafficking syndicate; remands back for trial

The Court held that the trial court should not indulge in a detailed inquiry at the stage of charge framing but should only ascertain whether there are sufficient grounds to proceed based on the police report and prosecution documents.

Case Briefs High Courts

Rajasthan High Court issues notice to NTA and Union of India seeking reply on NEET-UG 2024 exam’s cancellation

The Court adjourned and scheduled the matter on 10-07-2024, thereby allowing the respondents time to file their replies.

Know thy Judge

Know Thy Judge | Justice Prasanna Bhalachandra Varale: A stalwart jurist’s journey from Nippani to the Supreme Court of India

Justice Prasanna B. Varale’s journey from the small town of Nipani to the Supreme Court of India is a story of dedication, perseverance, and legal brilliance. This article delves into the life and career of this eminent jurist, shedding light on his achievements and

Case Briefs High Courts

Executing Court must ascertain stamp duty payment issue before enforcement of Arbitral Award: MP High Court

The Court held that unilateral appointment of the Arbitrator without the petitioner’s consent could render the award void under Section 34 of the Arbitration and Conciliation Act, 1996

Case Briefs High Courts

IBC proceedings don’t bar liability under Section 138 of NI Act: MP High Court

The Court held that the proceedings under Section 138 of the Negotiable Instruments Act, 1881 are penal in nature and not akin to civil recovery proceedings.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Indemnity obligation on guarantee is not operational debt’; NCLT dismisses CIRP petition due to limitation and Lack of Privity

The NCLT stated that the petitioner neither had a direct contractual relationship with the respondent, nor was the respondent provided with any goods/services, thereby disqualifying them as an operational creditor.

Case Briefs High Courts

MP Civil Judge Junior Division | MP High Court directs to weed-out ineligible candidates from prelims under Amended Recruitment Rules

The Court stated that the impugned order under review misunderstood the nature of cut-off marks as immutable rather than subject to change based on eligibility criteria.

Case Briefs High Courts

No physical injuries, delayed FIR & subsequent marriage: MP High Court quashes Rape charges amid doubt over prosecutrix’s credibility

“No reasonable person would believe the prosecutrix’s allegations given the circumstances and inconsistencies in her statements.”

Case Briefs High Courts

NCLT restrains Byju’s from utilising funds collected on second rights issue until disposal of mismanagement petition

The NCLT ordered the respondents to maintain the status quo regarding existing shareholders and their shareholding.

Case Briefs High Courts

‘Cries of deceased child’s family can’t be ignored’; MP High Court affirms denial of bail to juvenile in kidnapping and murder case

“A striking balance is necessary while considering the matter of bail of a juvenile from the angle of best interest of the child, demands of justice to the victim and the concern of the society at large.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

DPS Lake Wetland flamingo deaths: NGT takes suo motu cognizance; issues notices to officials

The NGT noted that the news article raises substantial issue relating to compliance of the provisions of the Wetland (Conservation and Management) Rules, 2017, Biological Diversity Act, 2002 and the Environment (Protection) Act, 1986.

Case Briefs High Courts

Husband’s conviction for murder constitutes mental cruelty; wife entitled to divorce: MP High Court

“No wife can live in the matrimonial relationship with the person who is so short-tampered and impulsive turned criminal.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT initiates corporate insolvency proceedings against Himalayan Mineral Water

The application is filed by Jammu and Kashmir Bank against the Himalayan Mineral Waters Private Limited for a total financial debt of Rs. 50,04,38,456/- for the credit facilities availed by Leel Electricals.

Case Briefs High Courts

Non-disclosure of Right to Terminate Pregnancy by Police/Doctors violates Minor Rape Survivor’s Right to live with dignity: MP High Court

The Court criticised the investigating officer and the treating doctor for not informing the survivor’s family about the pregnancy and the option for termination, considering the survivor’s minor status and health risks.

Case Briefs High Courts

“Adding specific dress in Cartoon prima facie indicates attempt to promote enmity”; Madhya Pradesh HC refuses to quash FIR against Folk Singer

The Court stated that applicant’s inclusion of specific dress details not related to the actual incident suggests an intent to attribute the incident to a particular group, potentially inciting enmity and disrupting harmony.

Case Briefs High Courts

Legal heirs of deceased employee entitled to benefits under Mukhyamantri COVID-19 Yoddha Kalyan Yojna: MP High Court

The MP High Court provided compensation of Rs 50 lakh under Mukhyamantri COVID -19 Yoddha Kalyan Yojna and also imposed a cost of Rs. 1 lakh for unnecessary harassment.

Hot Off The Press News

MP High Court issues notice to Election Commission over non-payment for services rendered during 2019 Lok Sabha elections

The petitioner claimed he had only received Rs 8 lakh out of the total Rs 64 lakh owed to him for erecting tents during the 2019 Lok Sabha elections and the Anuppur Assembly by-elections.

Case Briefs High Courts

Rajasthan High Court refuses to quash FIR against two Doctors accused in illegal kidney transplantation racket

“Inherent jurisdiction by the High Court under Section 482 CrPC for quashing of FIR/ complaint should be exercised sparingly, with care and caution in rarest of rare cases.”

Case Briefs High Courts

Rajasthan High Court rejects petition challenging Civil Judge Recruitment’s age eligibility criteria

Rajasthan High Court upheld the validity of Clause 20, concluding it was consistent with Rule 17 of the Rajasthan Judicial Service Rules, 2010.