Ritu, Author at SCC Times

Case Briefs Tribunals/Commissions/Regulatory Bodies

Electricity is an “essential service” under Section 14(2) IBC; can’t be discontinued even if dues remain unpaid during CIRP: NCLAT

“If the Corporate Debtor operates as a manufacturing facility, then electricity may be treated as critical service by the insolvency professional and the dues for such services must be paid.”

Case Briefs High Courts

Electricity Act | Jurisdiction to impose civil liabilities for electricity theft lies with Special Court, not Administrative Authorities: MP High Court

“Section 154(5) of the Electricity Act, 2003 gives exclusive jurisdiction to the Special Court to determine civil liability in electricity theft cases.”

Case Briefs High Courts

S. 85 of Waqf Act | Waqf Tribunal has exclusive jurisdiction over disputes once a property qualifies as ‘Waqf by user’: Rajasthan High Court

“It is not disputed that Masjid is a place used for religious purpose for praying Namaz etc., therefore, it comes within the definition of ‘Waqf’.”

Case Briefs High Courts

MP High Court lays down SoPs for termination of pregnancy up to & exceeding 24 weeks in sexual assault cases

The Court stated that failure to comply with Court’s guidelines will amount to contempt of court, and strict contempt proceedings will be initiated against the erring officers under the Contempt of Courts Act, 1971.

Case Briefs High Courts

‘Right to be forgotten’ for juvenile by destroying record of juvenile delinquency is an absolute right: Rajasthan High Court

“For the welfare of a child, the burden of past mistakes must be lifted, offering him a fresh start to thrive, free from the weight of stigma.”

Case Briefs High Courts

S. 197 CrPC | Excess use of power by Customs officers to ‘extract truth’ is an act done in discharge of official duty: Rajasthan High Court

“Sanction of the Government, to prosecute a public officer, for any act related to the discharge of official duty, is imperative to protect the public officer from facing harassive, retaliatory, revengeful, and frivolous proceedings.”

Case Briefs High Courts

‘Justice not a privilege for well-informed/well-represented’; Rajasthan High Court quashes 23-yr-old tree felling criminal case ‘in rem’

“The possibility that some accused persons have not appeared due to their socio-economic vulnerabilities must be taken into account, and their absence should not be construed as a waiver of their right to seek justice.”

Case Briefs High Courts

MP High Court approves three-phase trial run for disposing 30 metric tons of Union Carbide’s toxic waste

The instant matter pertains to the disposal of hazardous waste from the Union Carbide India Limited (UCIL) site.

Case Briefs High Courts

Non-payment of salary to employee amounts to Begar under Article 23 & is impermissible: Rajasthan High Court

“The sweep of the right to life conferred by Article 21 of Constitution of India is wide and far reaching. An important facet of that right is right to livelihood, because no person can live without the means of living, i.e., the means of the livelihood.”

Case Briefs High Courts

No vicarious liability of Daughter for merely receiving money from father involved in fraud case; Rajasthan High Court quashes FIR

“There is no allegation of hatching criminal conspiracy by the petitioner-daughter with her father or any connivance with regard to giving inducement to the complainant and causing loss to him.”

Case Briefs High Courts

Tehsildar can’t decide mutation applications based on disputed testamentary documents, particularly a Will: Madhya Pradesh High Court

“Revenue Officers, including the Tehsildar, do not have judicial authority to resolve disputes related to wills or non-testamentary documents. These matters must be decided by the Civil Court.”

Case Briefs High Courts

Child Care Leave is akin to privileged leave subject to administrative discretion, not unfettered right: Rajasthan High Court

“Discretion is reserved with the authority empowered to grant leave to refuse or revoke leave at any time according to the exigencies of the public service.”

Case Briefs High Courts

MP High Court directs Sub Divisional Officer to maintain ‘legible’ order-sheets & not treat election proceedings ‘so casually’

The Court found the Sub Divisional Officer’s handwritten order-sheets, nearly illegible, making it difficult for the higher authority to discern the proceedings.

Case Briefs High Courts

Member of ‘Teli’ caste falls within purview of OBC category, regardless of religion: Rajasthan High Court

“Teli is a caste traditionally occupied in the pressing of oil in India, Nepal and Pakistan, and members of this caste may be either Hindu or Muslim, and Muslim-Teli are also called as Roshandaar or Teli Malik.”

Case Briefs High Courts

Migration ‘from Haryana to Rajasthan’ after Marriage does not affect migrant woman’s EWS eligibility: Rajasthan High Court

“The status of the petitioner of belonging to Economically Weaker Section (‘EWS’) category is not in dispute herein.”

Case Briefs High Courts

‘Emotional affection without physical relations does not constitute Adultery’; MP High Court upholds interim maintenance order

The Court clarified that under Section 125(4) CrPC, maintenance can only be denied if the wife is living in adultery, which requires proof of a sexual relationship.

Case Briefs High Courts

MP High Court grants bail to rape accused with condition to handover documents, electronic gadgets, social media access for investigation

The Court directed accused to handover his all electronic gadgets like mobile, laptop etc. to the investigating agency along with the password of his all social media platforms like Facebook, Instagram, whatsapp etc. for the investigation.

Case Briefs High Courts

“Litigant and his lawyer have a basic obligation not to deceive/mislead the Court”; Rajasthan High Court imposes ₹ 50,000/- cost on counsel

“The distorted facts as stated before this Court not only prove to be an attempt to mislead the Court but also an attempt to waste precious time of the Court.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Financial Creditors’ involvement in project monitoring does not absolve Corporate Debtors from repayment obligations: NCLAT

“Any dispute even pending in the arbitration does not in any manner prohibit the financial creditor to take remedy under Section 7 IBC.”

Know thy Judge

Know Thy Judge | Justice Surya Kant: Journey from bustling town of Hisar to the Supreme Court of India

Justice Surya Kant embarked on a remarkable journey that saw him rise from humble beginnings to being the Judge of the Punjab and Haryana High Court, Chief Justice of Himachal Pradesh High Court and ultimately the Judge of the Supreme Court of India.