Ritu, Author at SCC Times

MP High Court quashes Rape case lodged by Honey trap racket operator

The Court held that while delay in reporting rape is not always material, in the present case, it is crucial due to the complainant’s history and the timing of her allegations.

Case Briefs High Courts

Failed Long-term relationships not ground for filing Rape FIRs: Madhya Pradesh High Court

‘In a young age when relationship develops, they naturally carry impression that they will get married. However, sometimes it fails, and the girl, considering herself to be betrayed and deceived, cannot lodge the FIR saying that rape has been committed with her.”

Case Briefs High Courts

‘No one is above law, no one can be’; Rajasthan High Court cancels former MLA’s Bail due to post-release conduct & threats to witnesses

“Glorification of an accused is fundamentally detrimental to the interests of society and undermines the integrity of the justice dispensation system.”

Case Briefs High Courts

MP High Court stays Som Distilleries’ licence suspension in Child Labour case

The petitioner’s license was suspended based on inspection by the National Child Protection Commission disclosing employment of 59 minor children.

Case Briefs High Courts

Rajasthan High Court asks State to consider providing statutory remedy of Appeal/Revision against Section 6-A Rajasthan Bovine Animal Act’s orders

Rajasthan High Court held that the High Court’s inherent powers under Section 482 CrPC do not extend to interfering with orders of the District Collector acting under Section 6-A of the RBA Act in a quasi-judicial capacity.

Case Briefs High Courts

RTI| MP High Court directs disclosure of marks obtained by other candidates in Agniveer recruitment examination within 15 days

MP High Court affirmed the candidates’ right to access information about the performance of other candidates as part of a public activity.

Know thy Judge

Justice Ashish Jitendra Desai, 38th Chief Justice of Kerala High Court bids farewell

Justice Ashish J. Desai was appointed as 38th Chief Justice of Kerala High Court and took oath of office on 22-07-2023. As Justice Desai steps down, his legacy of legal brilliance and unwavering commitment to justice will be remembered and cherished by the legal fraternity and the public alike.

Case Briefs High Courts

MP High Court imposes cost of Rs 50,000/- on Khandwa BJP MLA Kanchan Tanve for delaying tactics and false allegations against the Court

‘Section 86(6) of the Representation of the People Act, 1951, mandates the trial of an election petition to continue from day to day unless adjournment is necessary.’

Case Briefs High Courts

‘Article 21 includes right to safe and healthy food’; Rajasthan High Court issues interim measures to curb food adulteration

“Food adulteration is an increasingly recognized global public health problem… Adulteration or contamination of natural food product is one of the major challenges in today’s society.”

Case Briefs High Courts

Waqf Tribunal has no jurisdiction to decide pre-Waqf Act suits pending before civil courts: MP High Court

Section 7(5) of the Waqf Act, 1995 states that the Wakf Tribunal does not have jurisdiction over matters that were already the subject of a suit or proceeding in a civil court before the commencement of the Act.

Case Briefs High Courts

MP High Court permits minor daughter to donate Liver Tissue on exceptional medical grounds

The petitioner is suffering from end stage chronic liver disease, his liver is severely affected and if treatment of transplant of tissue of liver is not done then there is danger to his life.

Case Briefs High Courts

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.”