Sucheta, Author at SCC Times

Gauhati HC directs the State of Assam to expediate the process of constituting a Transgender Welfare Board

The Court noted the submission that a Welfare Board will help in addressing issues faced by the Transgender persons in the State.

Case Briefs High Courts

“Took copyright for granted”: Karnataka HC refuses to quash copyright violation case against Congress leaders for using songs of KGF- Chapter 2 without permission

Tampering the source code without permission and freely playing the audio would undoubtedly amount to infringement of copyright of the complainant.

Case Briefs High Courts

[Suicide] | Educational institutions must recognise the malady of harsh discipline so that lives of young souls can be saved: Karnataka HC

“Spare the rod and spoil the child” has metamorphosed into “spare the rod and teach the child”, said Karnataka HC while considering a quashment petition by the authorities of Karumbaiah Academy who were alleged to have been responsible for a student’s suicide.

national consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC imposes a penalty of INR 1.5 crores against a hospital responsible for tragic mix-up of a sperm sample used during Intra-CytoplasmicSperm injection

While deciding upon the complaint, the NCDRC also made important observations on ethical questions surrounding Assisted Reproductive Techniques and urged the Government to bring out necessary regulations for safe ART procedures.

Case Briefs High Courts

Married woman cannot claim breach of promise to marry: Karnataka High Court

The Court pointed out that merely because the petitioner provided monetary help to the woman, it cannot be said that they are married. Since the woman was already married, there is no case of breach of promise to marry either.

Case Briefs Tribunals/Commissions/Regulatory Bodies

No sensible medical professional would intentionally harm or injure a patient, as their professional reputation would be at stake: NCDRC dismisses complaint against medical professionals

The Commission was deciding a case where the complainant (who was a medical professional himself) had accused the opposite parties of medical negligence after his son died due to cardiac arrest after getting operated for disfigurement of eye.

Case Briefs High Courts

Karnataka HC takes strict note of Magistrates’ callousness while permitting registration of FIRs in non-cognizable offences; Issues necessary guidelines

“Permitting registration of a FIR cannot be a frolicsome act on the part of the Magistrate” – The Court noted that callous attitude of Magistrates has given tremendous rise to huge litigations.

Case Briefs High Courts

Gauhati HC asks to be apprised of the steps taken by Assam Govt towards protection of Ahom dynasty era monuments from illegal encroachment

In the instant PIL where the central issue was regarding illegal mining in Digboi forest, the Court also took note of the fact that the illegal activities are also destroying heritage sites associated with Ahom dynasty.

Case Briefs High Courts

Non-consummation of marriage due to husband’s spiritual inclinations is cruelty under Hindu Marriage Act and not S. 498-A of IPC: Karnataka High Court

Noting the husband’s interest in watching videos by Sisters of Brahmakumari, which eventually led to non-consummation of his marriage, the Court was of the view that this situation does not fall under the scheme of S. 498-A, IPC.

Case Briefs High Courts

Squeezing enemy’s testicles in a crowded village procession not an act done with intent to commit murder; Karnataka High Court modifies sentence

While hearing the appeal against conviction for attempt to murder, the Court stated that the accused’s actions fall under ‘causing grievous hurt’ rather than ‘attempt to murder’.

Case Briefs High Courts

Procedure of post-investigation FIR is totally alien to the principles of criminal jurisprudence: Gauhati High Court

The Court made strict observations regarding conduct of the police officers of Bilasipara Police Station and directed the enquiry officers to expediate the investigations.

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice Pankaj Mithal

Sitting Judge of the Supreme Court of India, Justice Pankaj Mithal is a third- generation lawyer, a second-generation Judge and is also a writer of note.

Case Briefs High Courts

[Relief for Samsung India] Karnataka HC quashes complaint on alleged violation of Legal Metrology Act and Packaged Commodities Rules

The Court was firmly of the view that the Inspector, Department of Legal Metrology had misinterpreted key provisions of Legal Metrology Act and Packaged Commodities Rules thereby vitiating the complaint with malafides.

Case Briefs High Courts

Family Court can’t deny relief in cases of dissolution of marriage based on mutual consent, on the ground that spouses are living under same roof: Karnataka HC

The High Court was bewildered that such a flawed rationale was applied to deny relief to an estranged couple.

Case Briefs High Courts

“Cannot chant ‘bail is rule, jail is exception’ like a slogan in every bail petition, especially for heinous offences under UAPA”: Karnataka High Court

The Court was deliberating over an appeal challenging the rejection of bail to the accused charged under IPC and UAPA for being actively involved with the ‘KG Halli Riots’ in Bengaluru.

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice Bela Madhurya Trivedi

Justice Bela M. Trivedi, who was appointed as a Supreme Court Judge in 2021, is the first woman Judge from Gujarat High Court to be elevated to the Supreme Court and a Limca Book of Records holder.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC directs Union Govt and Andhra Pradesh Govt to ensure provision of necessary nutrition to TB patients in Andhra Pradesh

The Commission was hearing a petition filed an advocate/social activist who highlighted the plight of TB patients suffering due to lack of adequate nutrition

Case Briefs High Courts

“Dog meat consumption is an ancient Naga custom”: Gauhati High Court sets aside ban on sale of dog meat

Consumption of dog meat is a regarded custom amongst the Nagas since times immemorial and the Food Safety and Standards Act, 2006 already provides for an appropriate authority to issue prohibition orders.

Case Briefs High Courts

Proceedings under S. 498-A IPC cannot be quashed simply because it was filed after receipt of divorce notice: Karnataka High Court

It was stated that decision of the co-ordinate Bench of the High Court in Naresh Gundyal v. State on same issue, defeats the very object of S. 498-A, IPC and Domestic Violence Act, 2005.

Case Briefs High Courts

Sympathy in matters involving unnatural offences against a child is a case of misplaced sympathy: J&K and Ladakh HC

The High Court was deliberating over a bail application wherein the accused was charged under S. 377, IPC and POCSO act for commission of fiendish crime against a child.