Sucheta, Author at SCC Times

Section 216 CrPC does not give any right to accused to file fresh application seeking his discharge post framing of charges: Supreme Court

Without mincing any words, the Court stated that the accused had miserably failed to get himself discharged when he had filed the application under S. 227 CrPC; still however, he filed another vexatious application seeking modification of charge under Section 216 of CrPC to derail the criminal proceedings.

Appointments & Transfers News

SC Collegium reiterates recommendation to transfer Justice Shamim Ahmed to Madras High Court

On 21-8-2024, the Collegium proposed the transfer of Justice Shamim Ahmed, Judge, High Court of Judicature at Allahabad, to Madras High Court. However, via representation dated 22-8-2024, Justice Ahmed had requested reconsideration.

Case Briefs Supreme Court

Position of law vis-a-vis woman being the sole owner of ‘Stridhan’ is consistent and unequivocal: Supreme Court

The Court found that insofar as Section 406, IPC was concerned, no cognizable offence was visible on the face of the record. Furthermore, charges under S. 6 of Dowry Prohibition Act were not made out either, against the appellants

Advocate Tejas Dhirenbhai Karia Delhi Judge arbitration

Appointments & Transfers News

SC Collegium recommends appointment of Advocate Tejas Dhirenbhai Karia, as Judge of Delhi High Court

The Collegium noted that Advocate Karia is a domain expert in the law of arbitration and has extensive experience in conducting arbitrations, both domestic and international.

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice Prashant Kumar Mishra

Justice Prashant Kumar Mishra, who started his legal career from the District Courts and then High Courts of Madhya Pradesh and Chhattisgarh, was appointed as Supreme Court Judge on 18-5-2023.

Case Briefs Supreme Court

‘Civil dispute painted with the brush of criminality’: SC quashes charges against KECML vis-a-vis misappropriation of coal rejects worth Rs 52.37 crore

The Court reproached the CBI for embarking on a roving and fishing inquiry on the strength of the CAG Audit Report and then working backwards to sniff out criminal intent against the appellants.

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

S. 124 of the Railways Act has an overriding effect vis-a-vis compensation payable as provided under the Railway Accident and Untoward Incidents Rules: NCDRC

“SCDRC was not justified in saying that a person is entitled to more compensation, depending upon the fact of the case than the compensation as provided under the Railway Accident and Untoward Incidents (Compensation) Rules, 1990”.

CECB officers NGT penal proceedings NGT Act

Case Briefs Supreme Court

‘Delay in compliance of NGT orders not wilful’; SC sets aside initiation of penal proceedings against CECB officers

The Court emphasised that every State organ, and particularly the wings of the Government associated with environment protection, such as the CECB, must be even more diligent in ensuring timely compliance with the directions of the NGT.

TickleVGiggle gender identity australian court

Case Briefs Foreign Courts

Australian Court finds transwoman indirectly discriminated on basis of gender identity by social media platform ‘Giggle for Girls’

The Court found that applicant was excluded from the use of the Giggle App because she did not look sufficiently female, according to the respondents; hence, the respondents were directed to pay compensation of $10,000 to the applicant.

Case Briefs High Courts

Necessary to give message to society that Courts are vigilant to regulate forcible religious conversion of underprivileged women & children: Karnataka HC

The Court further pointed out that while considering the bail applications, the factors which are required to be considered are nature of offence, gravity thereof and societal impact etc.

multiple sureties fundamental right balance

Case Briefs Supreme Court

Need to balance the requirement of furnishing multiple sureties with an individual’s fundamental rights under Article 21: SC

“Excessive bail is no bail. To grant bail and thereafter to impose excessive and onerous conditions, is to take away with the left hand what is given with the right”

Case Briefs High Courts

Karnataka High Court strikes down S. 128-A of Karnataka Co-operative Societies Act, for running contrary to Art. 43-B of the Constitution

Section 128-A of the Act of 1959 which empowered the Registrar to completely take away the right of a co-operative society to recruit, transfer or hold disciplinary enquiry against its employees is ultra vires the Constitution

Case Briefs Tribunals/Commissions/Regulatory Bodies

Suffering of children with Leukemia | NHRC directs Tamil Nadu Health Dept. to submit ATR over non-usage of Apheresis Machine purchased in June 2023

An article dated 11-7-2024 published in The New Indian Express, stated that despite Apheresis Machine’s potential to significantly improve platelet availability, it remains unused, forcing patients to seek treatment elsewhere.

Case Briefs Supreme Court

Compartmentalised Horizontal Reservation: SC holds restriction on meritorious reserved category candidates’ migration to unreserved seats unsustainable

“The appellants were deprived of their legitimate claim of admission against the UR-GS category due to an erroneous application of the methodology in applying the horizontal and vertical reservation”.

Case Briefs Supreme Court

“Bail is the rule, Jail is an exception” Supreme Court reiterates; Grants conditional bail to person accused under UAPA

The Court took serious note of distortions in the chargesheet vis-a-vis attributing certain statements to the protected witness, which he did not make, stating that NIA owes an explanation, and the investigating machinery must be fair.

SC Collegium Advocates appointment Judges Delhi HC

Appointments & Transfers News

Supreme Court Collegium recommends appointment of 3 Advocates as Judges of Delhi High Court

The Collegium recommended Advocates Ajay Digpaul, Harish Vaidyanathan Shankar, and Shwetasree Majumder, be appointed as Judges of the High Court of Delhi.

MSMEs directions RBI Government statutory force

Case Briefs Supreme Court

Directions issued by Govt and RBI under S. 9, MSMED Act and Ss. 21 & 35-A, Banking Regulation Act respectively, have statutory force: SC

The matter revolved around the Notification dated 29-05-2015 issued by the Central Government, containing instructions for the Framework for Revival and Rehabilitation of MSMEs.

Case Briefs Foreign Courts

Explained | Why CAS dismissed Vinesh Phogat’s application for a joint silver medal in Paris Olympics 50 kg wrestling competition

The Sole Arbitrator opined that the consequences of the failed second weigh-in, which do not arise from any illegal or wrongful act on the part of the Applicant, are draconian.

cause of delay condonation of delay plea supreme court

Case Briefs Supreme Court

Cause, not length, of delay to be examined while considering condonation pleas: Supreme Court

If negligence can be attributed to the appellant, then necessarily the delay which has not been condoned by the Tribunal and affirmed by the High Court deserves to be accepted. However, if no fault can be laid at the doors of the appellant and cause shown is sufficient then we are of the view that both the Tribunal and the High Court were in error in not adopting a liberal approach”.

Justice Hamarsan Singh Thangkhiew Meghalaya HC

Appointments & Transfers News

President appoints Justice Hamarsan Singh Thangkhiew as Acting Chief Justice of Meghalaya High Court

Justice Thangkhiew will perform the duties of the Chief Justice of Meghalaya High Court consequent upon the retirement of Chief Justice S. Vaidyanathan, on 16-8-2024.