Sucheta, Author at SCC Times

Justice Muhamed Mustaque Ayumantakath Acting CJ Kerala HC

Centre notifies appointment of Justice Muhamed Mustaque Ayumantakath as Acting Chief Justice of Kerala High Court

Justice Muhamed Mustaque Ayumantakath will perform the duties of Acting Chief Justice consequent upon the retirement of Justice Ashish Jitendra Desai, Chief Justice, Kerala High Court on 04-07-2024.

Donald Trump immunity criminal prosecution dissenting opinion

Case Briefs Foreign Courts

Explained | SCOTUS Dissent on Absolute Immunity for former US President Donald Trump from criminal prosecution

For the first time in US history, a former President, in this case Donald Trump, had been indicted by a federal grand jury for conduct that occurred during his Presidency following November 2020 Presidential Elections. The indictment alleged that after losing that election, Trump conspired to overturn it by spreading knowingly false claims of election fraud.

Donald-Trump-Absolute-Immunity-from-criminal-prosecution

Case Briefs Foreign Courts

[Trump v. United States] Former US Presidents have Absolute Immunity for actions within Conclusive and Preclusive Constitutional Authority: SCOTUS

For the first time in US history, a former President, in this case Donald Trump, had been indicted by a federal grand jury on four counts for conduct that occurred during his Presidency following November 2020 Presidential Elections. The indictment alleged that after losing that election, Trump conspired to overturn it by spreading knowingly false claims of election fraud.

Case Briefs Foreign Courts

Read why SCOTUS dismissed challenge to Federal communications pertaining to content moderation by social media platforms to suppress misleading information

The Court found that the respondents could not establish locus standi to seek any injunction against the impugned communications vis-a-vis content moderation by social media to suppress misleading information especially related to Covid-19 and 2020 Presidential Elections.

Case Briefs High Courts

“It was unconstitutional to fasten criminal liability for non-disclosure of tax return assessment for 2007-08 or 2009-10 under Black Money Act, 2015”: Karnataka HC

In a retrospective application of Sections 50 and 52 of Black Money (Undisclosed Foreign Income and Assets) Imposition of Tax Act, 2015, the Income Tax Dept. had fastened criminal liability on the petitioners for non-disclosure of tax return assessment for 2007-08 and 2009-10.

EIA Surrey County Council crude oil extraction at Horse Hill

Case Briefs Foreign Courts

Surrey County Council’s failure to conduct Environmental Impact Assessment for crude oil extraction project from a well site at Horse Hill, held unlawful: UKSC

The Court by a ratio of 3:2 held that the eventual occurrence of emissions when the oil produced from the site is burnt as fuel, was well within the scope of EIA required under Town and Country Planning (Environmental Impact Assessment) Regulations 2017 and EIA Directive 2011/92 EU of the European Parliament.

Case Briefs High Courts

Know why Karnataka HC refused to quash proceedings against person charged for writing a woman’s mobile number on the walls of men’s toilet at Majestic Bus Stand?

The Court highlighted that in the current digital age, a woman’s modesty can be railroaded by sheer circulation of pejorative statements, pictures or videos in the social media.

Hot Off The Press News

Same- Sex Marriages | Senate of Thailand approves Bill seeking to recognize Marriage Equality

Thailand has moved a step closer towards becoming the First country in Southeast Asia to recognise marriage equality and Third country in Asia, after Taiwan and Nepal, to allow same-sex marriages.

Case Briefs High Courts

Karnataka HC grants anticipatory bail to Bhavani Revanna in kidnapping case; Directs her to not enter districts of Mysore & Hassan except for the purpose of investigation

“Investigating agencies should be very cautious while seeking their custodial interrogation. Women by their very nature deserve preferential treatment inter alia in matters relating to bail, regular or anticipatory”.

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice Pankaj Mithal

Sitting Judge of the Supreme Court of India, Justice Pankaj Mithal began his tryst with law in the 1980s.

Case Briefs Foreign Courts

Refusal to register “Trump too small” trademark under Lanham Act’s ‘Names Clause’ does not violate the First Amendment: SCOTUS

In 2016, after watching a Presidential primary debate exchange between then-candidate Donald Trump and Senator Marco Rubio, the respondent sought to federally register the trademark “Trump too small” to use on shirts and hats.

Case Briefs Foreign Courts

[Access to abortion pill Mifepristone] | SCOTUS unanimously dismisses challenge to FDA’s regulatory actions due to lack of locus standi

Several pro-life medical associations and doctors challenged the FDA regulations issued in 2016 and 2021 that ensured easy access of mifepristone for termination of pregnancy and sought a preliminary injunction for the FDA to rescind these regulatory actions.

Case Briefs High Courts

“Object of consulting the Central Vigilance Commission is not in the interest of the employee but in the larger interest of the banking institution”: Karnataka HC

While considering a matter revolving around dismissal of a Banker due to indiscriminate lending of money to fictitious persons, the Court stated, “Funds are parked with the banks by broad segments of the public and this establishes a public trust which compels the banker to act with a greater care than what individuals engaged in commerce ordinarily do.”

Case Briefs High Courts

J&K and Ladakh HC takes strict cognizance of a habitual litigant’s harassment of judges and use of demeaning language for his daughter-in-law in the petition

The Court termed the 81-year-old habitual litigant as a “cancer for the judicial system, with a depraved mindset against women”, and imposed exemplary costs of Rs 1 Lakhs.

Appointments & Transfers News

President appoints 2 Permanent Judges for Gauhati High Court and 1 Additional Judge for J&K and Ladakh High Court

The Judges were appointed by the President of India in exercise of the power conferred by Article 217(1) and Article 224(1) of the Constitution respectively.

Case Briefs High Courts

“Leave encashment can’t be viewed as discretionary bounties but as legal rights enforceable under the Constitution”: Karnataka HC

The Court opined that entitlement to leave encashment is integral to the fundamental rights enshrined under Art. 19(1)(f) and Art. 31 of the Constitution and administrative instruction lacking the force of law cannot override constitutional protections.

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice Bela Madhurya Trivedi

Justice Bela M. Trivedi, who was appointed as a Supreme Court Judge in 2021, is the first woman Judge from Gujarat High Court to be elevated to the Supreme Court and a Limca Book of Records holder.

Hot Off The Press News

NHRC takes serious cognizance of ‘Nata Pratha’; Calls for action report from Ministry of Women & Child Development and Rajasthan, MP, UP and Gujarat

Nata Pratha’ is a social evil in which girls in some communities are sold either on a stamp paper or otherwise in the name of marriage in parts of Rajasthan and the adjoining areas in the States of Madhya Pradesh, Uttar Pradesh and Gujarat. The NHRC called for eradicating this unethical custom.

Case Briefs High Courts

Karnataka HC grants 30-day general parole to murder convict for fulfilment of conjugal duties with new wife

The murder convict’s wife filed the petition seeking parole for her husband on the ground that they got married on 11-04-2023 and that she was deprived of her right of progeny.

Appointments & Transfers News

May 2024 Judicial Appointment Tracker | 3 SC Collegium Recommendation; 6 HC Appointment; 3 Transfers and 3 Retirements

This segment aims to track and chart the monthly course of judicial appointments, retirements in the Supreme Court and High Courts along with recommendations made by the Supreme Court Collegium.