Ritu, Author at SCC Times

“Bail is Rule and Jail is Exception”; Rajasthan High Court criticizes trial court for casual rejection of bail despite key evidence

“Every arrest is also a relief and a pain. It is a critical part of the justice system. All arrests have to be justified and be based on evidence and pave the way for justice.”

Case Briefs High Courts

Bhopal Gas Tragedy | MP High Court directs immediate toxic waste cleanup from Union Carbide Factory site

The case pertains to the clean-up and removal of toxic waste from the Union Carbide Factory site in Bhopal, following the catastrophic gas leak disaster that occurred 40 years ago on this date.

Case Briefs High Courts

Right to pray under Article 25 cannot be denied solely due to objections from member of one community: MP High Court

The petitioner’s right to organize and participate in a religious event is protected under Article 25 of the Constitution of India and merely based on certain objections raised by the member of one community, it cannot be denied.

Case Briefs High Courts

Compliance with Section 16 of Carriage by Road Act a pre-condition for instituting suit for consignment loss: Rajasthan High Court

A valid notice under Section 16 of the Carriage by Road Act, 2007 must explicitly outline the cause of action, damage, loss, and relief sought.

Know thy Judge

Justice C.T. Ravikumar retires; the Judicial Odyssey of a Zoology graduate to the Supreme Court of India

Justice C.T. Ravikumar’s journey from a young graduate in Zoology to a distinguished judge of the Supreme Court exemplifies his dedication, passion, and exceptional legal prowess and serves as an inspiration for aspiring legal professionals.

Case Briefs High Courts

J&K and Ladakh High Court urges Criminal Courts to “remain sensitive” and avoid “Copy-Paste Syndrome” while deciding Bail matters

“Even a single day’s delay in grant of bail to a person who is otherwise entitled to it amounts to violation of his fundamental right to life and liberty.”

Case Briefs High Courts

MP High Court issues direction for conducting Competency-Based Evaluation test under Pre-Natal Diagnostic Techniques Rules

The Court ensured that participation in the examination would not interfere with the petitioners’ existing rights.

Case Briefs High Courts

MP High Court rejects ‘Mandsaur is a Religious City’ argument against the establishment of Slaughterhouse

The notification dated 09-12-2011 issued by the State Government only declared a 100-meter radius as sacred, not the entire city of Mandsaur.

Case Briefs High Courts

Rajasthan High Court takes suo-motu cognizance of massive fire on Jaipur-Ajmer-Kishangarh-Bhankrota Highway

“Over the past years, many regions of the country are experiencing an increase of extremely large and severe fire. Such fires directly impacted lives, human health, safety, livelihood, etc.”

Case Briefs High Courts

BCI Rules do not allow women advocates to appear before Court with face coverings: J&K and Ladakh High Court

When the Court requested the advocate to remove her face cover, she asserted that a woman advocate can appear with her face covered and claimed the same as her fundamental right.

Case Briefs High Courts

No bar on Public Trust to file application under Order I Rule 10 CPC for impleadment as necessary party in appeal: Rajasthan High Court

Section 29 bars suits or proceedings to enforce the rights of unregistered trusts but does not preclude impleadment in appeals concerning the registration itself.

Know thy Judge

Know Thy Judge | Justice Nitin Madhukar Jamdar — 39th Chief Justice of Kerala High Court

On 26-09-2024, Justice Jamdar was elevated as the Chief Justice of the High Court of Kerala. His journey from Solapur to this esteemed position reflects a lifelong commitment to justice, innovation, and public service.

Case Briefs High Courts

MP High Court allows Medical Termination of Pregnancy due to Matrimonial Dispute & Domestic Violence allegation

“…it would not be proper if she is forced to continue with the pregnancy which she does not want, as the same would certainly seriously affect her future course of life and also the life of her child.”

Case Briefs High Courts

MP High Court directs NGT to scrutinise compensation claims in Firecracker Factory Explosion case

When the NGT passed the impugned order, the injured persons were not identified, nature of injuries was not determined and damage to houses and displacement of persons was also not identified or determined.

Case Briefs High Courts

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.”