Sucheta, Author at SCC Times

Pepper Spray could not be used as private defence in absence of any prima facie imminent threat to life: Karnataka HC

The Court noted that pepper spray is undoubtedly a dangerous weapon and refused to quash crime registered against the petitioners for using pepper spray as private defence on respondents during a quarrel.

Case Briefs High Courts

Karnataka HC holds Para 83, Employees Provident Fund Scheme, 1952 and Para 43A, Employees’ Pension Scheme, 1995, unconstitutional

The new provisions which were introduced to cover international workers under the EPF Scheme, was held to be violative of Art. 14 of the Constitution.

Case Briefs High Courts

Victims of Terrorism |No bar in raising a claim for compensation, even after lapse of considerable period under Revised CSACV Scheme: J&K and Ladakh HC

The petitioners to be entitled to compensation under Revised CSACV Guidelines, 2022 for a tragic incident in 2007 wherein their children died due to blast caused by an unexploded shell.

Case Briefs High Courts

Wife attending midnight calls from unknown numbers despite husband’s objections; Not abetment to suicide as defined in S.107, IPC: J&K and Ladakh HC

The Court opined that this was a clear case where based on evidence collected by the Investigating Officer, respondent may, be held responsible for the deceased’s suicide, yet it cannot be said that the suicide committed by the deceased was abetted by the respondent.

Case Briefs High Courts

Grounds of detention incapable of being intelligently understood, can be termed as vague: J&K and Ladakh HC reiterates

“In other words, a detenue may be able to make an effective representation if the details of the facts, on the basis of which conclusion is drawn by the detaining authority, are furnished to him”.

Leave to Remain Art. 8 European Convention on Human Rights UK SC

Case Briefs Foreign Courts

When does refusal to grant Leave to Remain to an individual, who can’t be removed to their country of nationality, violate Art. 8 of ECHR? UK SC answers

In the instant case, the Court noted that the respondent’s own conduct thwarting the attempts by the Home Secretary to remove him to Belarus should be considered as a highly material factor for the purposes of the relevant proportionality analysis under Art. 8 of ECHR.

Judicial Appointments Tracker April 2024

Appointments & Transfers News

April 2024 Judicial Appointment Tracker | 9 High Court Appointments; 13 Collegium Recommendations and 1 Supreme Court Retirement

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.

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice Pamidighantam Sri Narasimha

Appointed directly from the Bar as a Judge of the Supreme Court of India, Justice P.S. Narasimha’s tenure as an advocate and as a Judge boasts of several landmark cases.

Case Briefs High Courts

Utterances such as “go and hang yourself” spoken while venting out anger, can’t become an ingredient for abetment to suicide under S. 306, IPC: Karnataka HC

The Court quashed proceedings for abetment of suicide initiated against the husband who told a Priest of Church “to go hang himself” for having an illicit affair with his wife.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Over 3000 missing girls in State of Andhra Pradesh | NHRC issues notice to Chief Secy, Govt. of Andhra Pradesh and DGP

Taking into consideration the gravity of the matter, the Commission directed the authorities concerned to submit their response within twelve weeks.

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC upholds repudiation of claim by Aviva Life Insurance due to violation of ubberima fidei principle by the insured

The wife of the Deceased Life Assured had filed claims as the nominee of her husband’s life insurance policies. However, the claim was rejected as the DLA failed to disclose material facts while availing the policies, thereby violating the principle of ubberima fidei (utmost good faith)

Case Briefs High Courts

Whether the Muslim Personal Law (Shariat) Application Act overrides Karnataka Stamp Act? Karnataka HC answers

The Court noted that what is not expressly recognised in Shariat law is not necessarily something which is forbidden. It may still be in tune with the philosophy of the Quran.

Case Briefs High Courts

J&K and Ladakh HC directs resumption of defamation trial against Greater Kashmir vis-à-vis their articles alleging Rs 13 crore land sale by DAV School Management

It was further pointed out that Greater Kashmir is a popular newspaper and the impugned news articles condemning the DAV School management will obviously leave the public with a prima-facie impression that the DAV Management has acted as if “fence eating the crop”.

Case Briefs High Courts

Karnataka State Legislative Elections 2023 | Can Congress’s 5 Guarantees in their manifesto be termed as Corrupt Practices? Karnataka HC answers

Under Section 123, of Representation of Peoples Act, 1951, a practice shall be considered as a corrupt practice when the same is done by a candidate or his agent or by any other person with the consent of the candidate or his agent, and not otherwise.

Case Briefs High Courts

J&K Administration must pay compensation of 5 lakhs to a lawyer detained in preventive custody for more than 1080 days: J&K and Ladakh HC

The Court noted that petitioner had been made to suffer loss of his liberty for a cumulative period of more than 1080 days of preventive custody covered under the span of four detention orders in row from 2019 to March 2024.

Case Briefs Tribunals/Commissions/Regulatory Bodies

SCDRC holds seller liable to pay compensation of Rs 30,000 for selling counterfeit Protein Powder through Flipkart

The State Commission absolved Flipkart from any liability as it was merely facilitating the sale through its portal. However, it was noted that Flipkart should have displayed strict attitude vis-à-vis breach of terms regarding sale of counterfeit products on its site.

Case Briefs Foreign Courts

[MeToo Movement] | Why NY Court of Appeals decided to reverse Harvey Weinstein’s conviction for multiple sexual crimes?

In 2017, prominent American newspapers reported stories of several women who accused Harvey Weinstein of sexual abuse, harassment, and using his influence as a Hollywood power broker to take advantage of young women. These revelations eventually kickstarted the ‘#MeToo Movement’.

Case Briefs High Courts

Prescribing specific raaga/ tune for singing the State Anthem in qualified spaces, is not an arbitrary action by the State Govt: Karnataka HC

‘Jaya Bharata Jananiya Tanujate’ was penned by Kaviratna Kuppalli Venkatappa Puttappa ‘Kuvempu’, in 1930, which was adopted as State Anthem by the Government of Karnataka on 29-12-2003.

SC Collegium appointment Permanent Judge extension of term Additional Judges

Appointments & Transfers News

Supreme Court Collegium recommends appointment of a Permanent Judge and extension of term for 3 Additional Judges

The Collegium on 24-04-2024 recommended the appointment of 1 Permanent Judge and extension of term of 2 Additional Judges for Chhattisgarh High Court and extension of term of 1 Additional Judge for the High Court of Jammu & Kashmir and Ladakh.

Case Briefs High Courts

[Belagavi Stripping Incident] | Karnataka HC directs speedy completion of trial within 1 year; Grants conditional bail to 11 accused persons

On 15-04-2024, 2 Benches of the High Court passed the respective orders in the Belagavi disrobing incident of December 2023 which shook the conscience of the Court and Nation at large.