Ritu, Author at SCC Times

MP High Court takes Suo Moto action on compliance, awareness and monitoring of POCSO Act provisions

“In most of the cases, we found that the age of the victim/child/girl is between 16 to 18 years and the age of the offender is 19 to 22 years. In our opinion, this is a serious issue and threat to the future of the youth of the country.”

Case Briefs High Courts

Rajasthan High Court slams State for 16-yrs delay in completing AIIMS Jodhpur Trauma Centre; Mulls over imposition of ₹50 Crore cost

“Health is an essential prerequisite for human beings and plays a vital role in national development. The right to health is an essential right, without which one cannot exercise its basic human rights.”

Case Briefs High Courts

MP High Court orders status quo on Nawab of Bhopal’s Property declared as ‘Enemy Property’; directs Pataudi family to approach appellant authority

The controversy stems from the government’s declaration of the Nawab of Bhopal’s properties as enemy property as the Nawab’s elder daughter, Princess Abida Sultan, moved to Pakistan in 1950.

Case Briefs High Courts

MTP Act | Rajasthan High Court directs registration of Suo Motu case to address Reproductive Rights Awareness & Legislative Reforms

“The willingness of a victim to do away with unwanted pregnancy which is outcome of she having been ravished/sexually assaulted/subjected to illicit intercourse is a relevant factor to guide her reproductive choice.”

Case Briefs High Courts

Rajasthan High Court refers issue of shifting Rape/POCSO Act Convicts from Jail to Open Air Camp to Larger Bench

The Court asserted that Judicial discipline requires coordinate benches to follow earlier decisions or refer the matter to a larger bench if there is disagreement.

Case Briefs High Courts

‘Nikah-Nama should be issued in a language widely known to society’; Rajasthan High Court directs State to issue guidelines for bilingual Nikah-Namas

“Marriage, as we all know is an important sacrament and is considered as a sign of cohabitation between a male and a female which is acceptable in the civil society and is valid in the eyes of law.”

Case Briefs High Courts

Rajasthan High Court allows father’s Habeas Corpus plea; directs child’s return to US rather than facing illegal migrant status in India

The Child status as an illegal migrant in India post-visa expiration posed legal and social constraints, making his welfare better served in the U.S., where he enjoys full rights as a citizen.

Case Briefs High Courts

MP High Court accepts man’s unconditional apology in contempt case; directs him to plant 50 trees of indigenous species

The respondent expressed remorse and tenders an apology, undertakes that in future he will ensure maintenance of proper decorum of the Court and volunteered to undertake social service.

Case Briefs High Courts

Rajasthan High Court takes Suo Motu cognizance of lack of adequate public sanitation facilities for women; issues notice

“Every woman should live a life of respect, equality and decency, free from any kind of fear, force, violence and discrimination. According to Article 21 of the Constitution of India, every citizen, including women is entitled to the right to life and dignity.”

Case Briefs High Courts

Rajasthan High Court upholds validity of appointments from Non-State Civil Services category to Indian Administrative Service

“Tendency to stop the recruitment process of non-SCS category candidates points out towards the greed of the State Civil Service category candidates to grab all the posts meant for State Civil Service and non-SCS category candidates.”

Case Briefs High Courts

MP High Court issues School Bus Safety guidelines following DPS Indore Tragedy

These guidelines will remain in force until the Government of Madhya Pradesh examines the situation and incorporates appropriate provisions into the Madhya Pradesh Motor Vehicles Rules, 1994.

Case Briefs High Courts

Bhopal Gas Tragedy Cleanup | MP High Court mandates immediate action & accountability after 40 years of delay in remediation

The Court criticized the authorities for their prolonged inertia despite prior orders and sanctioned plans.

Case Briefs High Courts

‘Arrest must be rational, fair & based on admissible evidence’; MP High Court grants bail in ₹141.8 Crore PMLA case due to procedural lapses

“When an accused is in custody under PMLA irrespective of the case for which he is under custody, any statement under section 50 of PMLA to the same investigating agency is inadmissible against the maker.”

Case Briefs High Courts

Doctrine “Falsus in uno, falsus in omnibus” doesn’t apply in India; Courts must separate reliable evidence from exaggerations: J&K High Court

“It is the duty of the Court to remove the chaff from the grain in its pursuit for truth. It is not open to the trial Court to throw out the entire prosecution evidence just because it was contradictory on certain aspects of the case.”

Case Briefs High Courts

Swarn Rekha River Revival Project | MP High Court directs for synergy between State Government, Municipal Corporation & Counsels

The Court noted that the provisions regarding social audit under the Municipal Corporation Act, 1956, should be invoked cautiously to customize schemes effectively.

Case Briefs High Courts

Rajasthan High Court clubs multiple FIRs in financial mismanagement allegations against Creative Credit Cooperative Society

“Clubbing of the FIRs will reduce the financial drain on the state exchequer as well as cut down the administrative burden, especially given that all the cases arise out of same or similar cause.”

Case Briefs High Courts

Rajasthan High Courts directs police to conduct fair & expeditious investigation against Sarpanch amid political vendetta concerns

“A bare perusal of the FIR revealing commission of cognizable offence and the investigation has to be conducted.”

Know thy Judge

Know Thy Judge | Justice Satish Chandra Sharma – Supreme Court of India

Following a meticulous assessment of the qualifications, integrity, capabilities and giving due consideration to a range of factors, the President appointed Justice Satish Chandra Sharma as Judge of the Supreme Court of India on 09-11-2023.

Case Briefs High Courts

Class 10 marksheet, being a public document under Section 35 of Evidence Act, more credible than school admission forms: Rajasthan High Court

“It was not within the Election Tribunal’s jurisdiction to overlook the mark-sheets issued by a competent officer of the Board of Secondary Education pertaining to the date of birth of petitioner’s two children.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Delays arising from statutory compliance not force majeure’; NCLT admits insolvency proceeding against Raheja Developers

The NCLT held that non-delivery of possession despite payments and continued acknowledgment of liability through emails and communications proved default under Section 7 IBC.