Sucheta, Author at SCC Times

Statutory substantive right to appeal cannot remain nugatory by giving undue importance to procedural law: J&K and Ladakh HC

The High Court observed that the object of Courts is to decide the rights of the parties and not to punish them for mistakes which are made in the conduct of the cases.

Appointments & Transfers News

Supreme Court Collegium reiterates its recommendation to transfer Justice M.V. Muralidharan from Manipur HC to Calcutta HC

Justice Muralidharan, who is currently serving as the Acting Chief Justice of Manipur High Court, had requested that he should be transferred to either his parent High Court or be permitted to continue in the High Court of Manipur.

Appointments & Transfers News

Supreme Court Collegium recommends appointment of 13 Judicial Officers and 5 Advocates as High Court Judges

The recommendations were made by the Collegium keeping in mind the integrity, qualifications and experience of the judicial officers and advocates.

Appointments & Transfers News

Supreme Court Collegium recommends transfer of Justice Avneesh Jhingan from Punjab and Haryana HC to Rajasthan HC

The Collegium had earlier (03-08-2023) proposed to transfer Justice Jhingan to Gujarat High Court, however, the proposal was pending before the Government since 11-08-2023.

Hot Off The Press News

Karnataka HC modifies Trial Court order suspending the account of “The Liver Doctor”; Allows access on a condition

The Court allowed the petitioner to access his X (formerly Twitter) account called ‘The Liver Doc’, after an undertaking was given that he will temporarily hide the alleged defamatory posts against Himalaya Wellness.

district consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC finds Nik Bakers liable for deficient services for providing “unhealthy dye cake”; directs them to pay compensation of Rs 40,000

“Complainant had levelled the very serious allegations vis-a-vis the quality of the cake, and that too on the same day when the cake was consumed. Thus, a heavy duty was cast upon the bakers, who claimed themselves to be equipped with appropriate laboratory facility, to get the sample of the cake tested”.

Case Briefs High Courts

“Question of claiming maintenance does not arise when wife is staying in adultery”: Karnataka High Court

In view of the wife’s “conduct and dishonesty”, the Court dismissed revision petition filed by the wife seeking to set aside the order of the Sessions Judge setting aside her monetary maintenance and compensation.

Case Briefs Foreign Courts

Supreme Court of Mauritius decriminalises sodomy between two consenting adult males

S. 250(1) of Criminal Code Act, 1838, is discriminatory in effect, and breaches Section 16 of the Constitution inasmuch as it criminalises the only natural way for homosexual men to have sexual intercourse.

Know thy Judge

Know Thy Judge | Justice N. Anand Venkatesh, Madras High Court

Justice N. Anand Venkatesh of Madras High Court is known within the legal fraternity for his progressive, profound and to the point judgments.

Case Briefs High Courts

Whether insisting the deceased to repay the loan borrowed and telling him to die amounts to abetment to suicide? Karnataka HC answers

In the case of suicide, mere allegation of harassment of the deceased by another person would not suffice unless there be such an action on the part of the accused which compels the person to commit suicide.

Case Briefs High Courts

[Perjury] | “Not every false statement is intended to be the subject matter of the prosecution”: Karnataka High Court

There must be prima facie case of deliberate falsity on a matter of substance and the Court must be satisfied and there must be reasonable foundation for the charge and the prosecution of the offender is necessary in the interest of justice.

Case Briefs District Court

Bengaluru Court issues mandatory injunction to X Corp to suspend social media account of “The Liver Doctor”

The order was issued in a defamation suit filed by Himalaya Wellness Company who argued that the statements made by @theliverdr on X (formerly Twitter) has negatively impacted its business.

Case Briefs High Courts

No absolute bar on writ jurisdiction of High Courts in promissory estoppel disputes between State and its instrumentalities: J&K and Ladakh HC

The case revolved around a special package sanctioned by the Govt. of India for the revival of infrastructural projects which were affected severely due to rise of militancy in Jammu and Kashmir in the 1990s.

Case Briefs High Courts

Read why Karnataka HC refused to stay State Government’s notification vis-à-vis implementation of HSRP (High Security Registration Plate) Scheme?

As per communication issued by the Central Government, HSRP Scheme is imperative to the country’s National Security and in aiding reduction of vehicular borne crime.

Case Briefs High Courts

[Preventive Detention] | Unreasonably belated consideration of representation is equivalent to non-compliance of Art. 22(5) of the Constitution: J&K and Ladakh HC

The detenue specifically alleged that he made a representation against impugned detention order, however, the same was not considered by the detaining authority.

Case Briefs High Courts

J&K and Ladakh HC awards compensation of 20 Lakhs to a 14-year-old boy who suffered 100% disability on being electrocuted by unattended transformer

The respondent’s contention that the petitioner himself contributed to the unfortunate electrocution, was rejected by the Court.

Case Briefs High Courts

Madras HC issues notice to NIA over filing petition seeking extension of remand order under UAPA at the “eleventh hour”

The petition under Section 43D(2)(b) First proviso of UAPA Act seeking extension of remand order was filed by the respondents a day before the elapse of the 90- days period.

books state of Texas sexual content children

Case Briefs Foreign Courts

State of Texas cannot delegate categorization/rating of books to third parties based on the level of sexual content: US District Court

State has a strong interest in protecting children from obscene content in the school setting. However, READER (HB900) misses the mark on obscenity with a web of unconstitutionally vague requirements.

Case Briefs High Courts

Opening/retaining history sheets, which interferes with right to privacy, should be done adhering to parameters inbuilt in the Police Rules: J&K and Ladakh HC

If an officer, mechanically, under the guise of prevention of crime and to protect others, opens or extends history sheets, it impacts the right to privacy of not only the individual against whom the order is passed, but also causes harm to other person’s rights.

Case Briefs High Courts

Trial Court must not issue process in a mechanical manner by simply filling the blank spaces in the printed proforma: J&K and Ladakh HC

Issuance of process is a serious matter and should reflect application of mind on the part of the Magistrate, though it is not incumbent upon the Magistrate to explicitly state the reasons for issuance of process.