Sucheta, Author at SCC Times

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.

Case Briefs High Courts

S. 50, PMLA Act | Karnataka HC cancels Look-out Notice issued indefinitely on ground of suspicion alone; terms it as an abuse of process of law and object of LOC

“The summoning of a person repeatedly without probable cause or reasonable ground and only on the ground of suspicion alone is not in accordance with the principles of due causes and fairness”

Appointments & Transfers News

President appoints Justice Siddharth Mridul as the 7th Chief Justice of Manipur High Court

The Supreme Court Collegium had recommended the name of Justice Mridul as the next Chief Justice of Manipur High Court in July 2023; however, the recommendation was pending before the Ministry of Law and Justice for approval.

supreme court collegium high court judges appointment

Appointments & Transfers News

Supreme Court Collegium recommends appointment of 13 Advocates and 7 Judicial Officers as High Court Judges

The Collegium thoroughly scrutinized the recommended names on basis of the reports sent by the respective High Court Collegiums and material placed on record by the Department of Justice.

Case Briefs High Courts

Karnataka HC sets aside bail order on ground of denying informant the right to participate in proceedings

The High Court also issued directions for effective implementation of POCSO Act and amendments introduced in the CrPC in 2018 vis-à-vis notifying the informants or victims about filing of regular and anticipatory bail applications and other connected issues.

Case Briefs District Court

NIA Special Court grants bail to General Secretary of Social Democratic Party of India alleged to be a member of Popular Front of India (PFI)

The Court stated that the objections raised by respondent that if petitioner was released on bail then he may abscond to evade criminal justice, are untenable because the petitioner is a Secretary for SDPI political party.

Case Briefs High Courts

“Parameters for approval to investigate a public servant are not as stringent as the parameters for granting sanction to prosecute a public servant”: Karnataka HC

“If the aspersions cast on the integrity of a public servant and the Investigating Officer harbours a view that an investigation is necessary, it would be in the interests of both the Government and the public servant that such a nagging suspicion is obliterated”.