Sucheta, Author at SCC Times

Case Briefs Tribunals/Commissions/Regulatory Bodies

Speed post sender is a consumer under Consumer Protection Act; Postal Dept. cannot escape liability by virtue of S 6 of Indian Post Office Act, 1898, SCDRC reiterates

State Commission relying on NCDRC precedents, upheld District Consumer Commission’s decision to hold the Postal Department liable for delayed delivery of a speed post by 19 days which resulted the complainant’s son to miss his chance to get admission in JNU.

Case Briefs High Courts

Pensioner entitled for provisional family pension till determination of criminal appeal with respect to Rule 22(1) of Assam Services (Pension) Rules, 1969: Gauhati HC

The High Court opined that pension being a very valuable right, the legislature in its wisdom, had incorporated Rule 22 of the 1969 Rules, so that a pensioner survives till the allegations attain finality.

Case Briefs High Courts

‘To achieve purity in election process in particular’, Karnataka HC directs State Election Commission to issue requisite forms in all State local body elections

“It is pertinent to note that the law relating to disclosure of criminal antecedents of the candidates in the Electoral fray has further marched from April to May and now to the June of life”.

Case Briefs High Courts

[Aadhaar Card] Relationship by marriage does not eclipse the right to privacy: Karnataka High Court

“Right to privacy of Aadhaar number holder preserves the autonomy of the individual’s right to privacy which has been conferred primacy and admits of no exception under the statutory scheme”.

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice B.R. Gavai

Recapitulating the career trajectory of eminent Judge of the Supreme Court of India, Justice B.R Gavai, who is in line to become only the second Chief Justice of India belonging to Scheduled Caste category after Justice K.G. Balakrishnan.

Case Briefs High Courts

Investigating Agency must justify arrest under UAPA; No rule of thumb to determine whether accused is ‘clear and present danger’: J&K and Ladakh HC

The High Court meaningfully stated the existence of prima facie evidence against the accused is to no avail if there is no justification for the arrest based on the doctrine of clear and present danger to the society.

district consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC directs Indigo to pay compensation of Rs 70,000 for their failure to deliver checked-in luggage of a holiday bound couple

The Commission stated that the Indigo’s deficiency in services caused the married couple irrevocable hardship and spoiled their holiday mood.

Case Briefs Foreign Courts

‘Rwanda Policy’ for asylum seekers held unlawful; UK Supreme Court upholds decision of Court of Appeal

The Supreme Court took the decision to uphold the Court of Appeal’s findings regardless of the political debates surrounding the Rwanda Policy.

Case Briefs High Courts

Karnataka HC refuses to interfere with State Govt’s decision to cancel recruitment examination for the post of Police Sub-Inspector and order a re-examination

Examination for the recruitment for the post of ‘Police Sub-Inspector (Civil)’ previously conducted on 21-01-2021, was marred by irregularities such as paper leakages, which necessitated the decision of the Govt. to order a re-examination.

Case Briefs District Court

Hassan Sessions Court acquits persons accused in 12-year-old rape case based on prosecutrix’ behaviour “which was against normal human conduct”

The Special Judge opined that the prosecutrix’s conduct of never disclosing anything about incident to anybody nor seeking anybody’s help during relevant period, cast a serious doubt on her version of events.

Case Briefs High Courts

J&K and Ladakh HC quashes detention order over snapped live link to illicit activities and vague Daily Diary Reports

The High Court reiterated precedents highlighting that the detaining authority must not make undue and long delay between the prejudicial activities and the passing of detention order, and that Daily Diary Reports must not be vague and bereft of necessary details.

Know thy Judge

Know Thy Chief Justice | Throwback at a Roller-Coaster First Year of Justice Dr D.Y. Chandrachud

Great expectations followed Justice Dr DY Chandrachud when he was elevated to the post of Chief Justice of India. As 1 year has gone by in Justice Dr Chandrachud’s 2-year tenure, one thing is clear that interesting times are afoot indeed!

Appointments & Transfers News

Supreme Court Collegium recommends the names of new Chief Justices for the High Courts of Meghalaya, Orissa and Uttaranchal

The Collegium recommended the names considering the judicial track record of the Judges vis-à-vis disposal of cases and their competency, character and integrity.

National Financial Regulatory Authority Lexus Granito India Ltd

Case Briefs Tribunals/Commissions/Regulatory Bodies

NFRA imposes monetary penalty on Statutory Auditor and Engagement Partner of Lexus Granito India Ltd. in view of their professional misconduct

It is the duty of the auditor to conduct audit with professional skepticism and due diligence and report their opinions in an unbiased manner and the same was not done in this case.

Case Briefs High Courts

Merely because a person has been named in a suicide note, one can’t jump to conclusion that such person is the offender under S. 306, IPC: Karnataka HC

The Court stated that examination of contents of the suicide note and other attending circumstances if necessary to ascertain whether such person has committed the offence of abetment to suicide or not.

Appointments & Transfers News

Justice Hamarsan Singh Thangkhiew appointed as Acting Chief Justice of Meghalaya High Court

Consequent to the retirement of current Chief Justice of Meghalaya High Court, Justice Sanjib Banerjee on 01-11-2023, Justice Thangkhiew will take over the responsibilities of Acting Chief Justice.

Appointments & Transfers News

Supreme Court Collegium recommends the appointment of Justice Siddhartha Roy Chowdhury as Permanent Judge of Calcutta High Court

Justice Chowdhury who is currently serving as an Additional Judge of Calcutta High Court, is due to retire on 27-12-2023.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Bengaluru DCDRC dismisses medical negligence case against Apollo Hospitals due to absence of necessary party and related documentary evidence

The Commission stated that the treating doctor is the best judge in a case where multiple options/ tests are available in respect of a particular ailment.

Know thy Judge

Justice Vipin Sanghi, 12th Chief Justice of Uttaranchal High Court, retires

Justice Vipin Sanghi, a third-generation lawyer, with a legal career spanning over 3 decades, retires on 26-10-2023 after an extensive tenure of 17 years as a Judge, which also includes his tenure as the 12th Chief Justice of Uttaranchal High Court.

Case Briefs Foreign Courts

1868 Treaty does not require Permanent Residence for Shoshone and Bannock Tribes’ reserved Hunting Rights: US Court of Appeals

Interpreting the Treaty of Fort Bridger, 1868, the Court stated that the parties expressly made the reserved hunting right contingent on maintaining peace and not on living on a reservation.