Ritu, Author at SCC Times

Mere Reference to Caste Name Not an Offence Unless Used to Intentionally Insult or Humiliate: Bombay High Court Quashes FIR Against Marathi TV Channel Executives

No specific allegation was made that the petitioners, who were not members of a scheduled caste or scheduled tribe, had intentionally undertaken an act to insult, intimidate or humiliate the first informant, who is a member of the scheduled caste.

Supreme Court tax treatment of non-compete fees

Case Briefs Supreme Court

Non-compete fee: Revenue or capital expenditure? Supreme Court explains

“Non-compete fee only seeks to protect or enhance the profitability of the business, thereby facilitating the carrying on of the business more efficiently and profitably.”

Case Briefs High Courts

Teaching Bhagavad Gita; Yoga Not Per Se Religious; FCRA Registration can’t be denied on compounded violation : Madras High Court

“Bhagavad Gita may be recognised as national (Rashtriya) Dharma Shastra. It speaks about internal and eternal truth… Bhagavad Gita cannot therefore be confined within a given religion. It is a part of Bharatiya civilisation.”

cooperative society membership succession dispute

Case Briefs High Courts

Registrar under Maharashtra Cooperative Societies Act lacks jurisdiction to decide inheritance/validity of membership transfer: Bombay High Court

The Court clarified that it had not adjudicated upon the merits of title or succession and expressly left those issues open to be decided by a competent forum in accordance with law.

Case Briefs Supreme Court

What prompted Supreme Court to direct day-to-day hearing in Ajmer Sharif blast case

The Court issued specific direction to the Trial Court to expedite the hearing… particularly when the petitioner is languishing under incarceration for more than 8½ years.

Case Briefs High Courts

Stopping Stray Dog feeding at Society access points & School Bus Stops a child-safety measure, not wrongful restraint: Bombay High Court

Presence of aggressive stray dogs on streets are causing grave risk to the lives of children, elderly people and vulnerable sections of society and also unabling them to access streets and parks because of the fear of being attacked and bitten by the rabies infected stray dogs.

Case Briefs High Courts

“CEFDON” is deceptively similar to “CEDON”; Bombay High Court issues permanent injunction, imposes ₹5 Lakh Costs

“The Defendants shall each pay a sum of Rs. 5 Lakhs as costs to the Plaintiff within a period of 8 weeks from today.”

legal aid Indian Citizens working abroad

Case Briefs High Courts

State has Constitutional Duty to provide legal aid to Indian citizens working abroad: Madras High Court

“Overseas employment is a reality… When the Government is receiving benefit from the migrant workers, it has a correlative and corresponding duty to rush to their rescue when issues arise out of such overseas employment.”

Case Briefs Supreme Court

Appellate Deposit under Section 148 NI Act: Whether can be directed against Convicted Director or Confined to Juristic Drawer? Supreme Court Larger Bench to Decide

Section 148 NI Act was introduced to remedy the systemic abuse of appellate processes, whereby convicted drawers routinely secured suspension of sentence and delayed payment of compensation for years, thereby frustrating the object of Section 138 of NI Act.

Case Briefs High Courts

Continued online circulation of arrest reports after discharge violates Right to Dignity; Delhi High Court upholds interim de-indexing against Media House

While the media enjoys freedom of speech and expression, but such right is not absolute and stands correspondingly delimited by the right of an individual to dignity and reputation.

Case Briefs High Courts

Kerala High Court flags arbitrary delay in filling veterinary posts in Lakshadweep; Issues directions

The grievance was that livestock across inhabited islands were left without access to qualified and registered Veterinary Surgeons, resulting in prolonged absence of medical care.

Case Briefs High Courts

Kerala High Court denies Bail to Ex-Devaswom Board Officials in Sabarimala Gold Misappropriation Case

The incidents that led to the case has deeply hurt the religious sentiments of scores of Ayyappa devotees and pilgrims.

Case Briefs High Courts

Altruistic kidney donation can’t be stalled on mere apprehension of commercial transaction: Karnataka High Court

“Petitioner being a Doctor by profession, major in age, and knowing all the aspects relating to the donation of the kidney… thereto, her request has to be given due credence and accepted and put in action.”

Bombay High shocked at unsafe childbirth

Case Briefs High Courts

“₹771 Crores spent, yet basic maternity healthcare missing in hilly and tribal Maharashtra”: Bombay High Court takes suo motu cognizance

“Government is bound to give good health facilities to the citizens and it should reach to every citizen.”

Case Briefs High Courts

Bombay High Court flags Article 21 violation due to pollution from Kanjurmarg dumping ground; directs urgent intervention

“It cannot be a situation that the right to life guaranteed under Article 21, is being violated by such pollution as generated from the said dumping ground.”

Case Briefs Supreme Court

Head office expenditure of non-resident, incurred outside India, even if exclusively for Indian branches, fall within S. 44-C of Income Tax Act: Supreme Court

Legislature has defined “head office expenditure” in clear and unambiguous terms to mean executive and general administration expenditure incurred by the assessee outside India, including, inter alia, travelling expenses, salaries, and other administrative costs.

Case Briefs High Courts

Divorced Muslim woman not entitled to maintenance under S. 125 CrPC without proof of Halala-compliant remarriage: Kerala High Court

“To raise the presumption of a valid marriage for Section 125 of CrPC based on cohabitation, the couple must be qualified to marry and not be within the prohibited degrees of marriage.”

Case Briefs Supreme Court

Separate Suit challenging auction sale by Transferee Pendente Lite not maintainable: Supreme Court

“A transferee pendente lite takes the property subject to the outcome of the proceedings, irrespective of notice or bona fides.”

Case Briefs High Courts

S. 159(5) provide no shield against infringement of well-known trademark; Bombay High Court restrains use of “FEDEX” as corporate name

“Where explanation for adoption of the mark is not honest and there are two different versions with different reasons and which reasons themselves are not proved, such explanation should be disregarded on the principle that things speaks for themselves.”

Case Briefs High Courts

Bombay High Court quashes appointment of Collector as Administrator of Shani Shingnapur Temple Trust

“The executive cannot invoke the purpose of the Shree Shanaishwar Devasthan Trust (Shingnapur) Act, 2018 to justify a procedure that the Act itself does not permit.”