Apoorva, Author at SCC Times

‘Shocking that an advocate in robes is seeking protection to run brothel’; Madras HC directs Bar Council to ascertain genuineness of his enrollment and educational certificates

“The Tamil Nadu Government to prevent the exploitation of women and trafficking of women, has enacted an Act, viz., the Immoral Trafficking (Prevention) Act, 1956. This Act has been enacted with an aim to prevent the commercialisation of vices and the trafficking of females. This Act does not declare sex work as illegal. However, it prohibits running of brothel centres.”

Case Briefs High Courts

Madras HC stays suspension of KFC operator’s license in Thoothukudi for reusing cooking oil

There is also prima facie merit in the Sapphire Foods contention that Magnesium Silicate Synthetic far being a prohibited agent is a permitted filtration agent.

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Supreme Court holds that States can levy cesses on mining and mineral-use activities; Justice BV Nagarathna dissents

This matter was the oldest pending nine-judge Bench case before the Supreme court. The Bench had reserved its judgment in the matter on 14-03-2024

Case Briefs Supreme Court

Power to grant interim stay of operation of bail order can only be exercised in exceptional cases: Supreme Court

“An order granting a stay to the operation of the order granting bail during the pendency of the application for cancellation of bail should be passed in very rare cases”

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Supreme Court sets aside Delhi HC order quashing summons issued to “The Wire” in criminal defamation case filed by former JNU Professor

In March 2023, the Delhi High Court quashed the summoning order, stating that there is nothing therein that could be defamatory against former Professor

Case Briefs Supreme Court

Read why Supreme Court granted bail to Ashish Mishra in Lakhimpur Kheri violence case

In Lakhimpur Kheri violence, four farmers, one journalist, the driver of one of the vehicles, and two others, were killed. Nearly ten farmers suffered major and minor injuries

Case Briefs Supreme Court

Candidate scoring minimum qualifying marks with no work experience will still be eligible to be appointed as City Manager under UDHD: Supreme Court

“The only criteria for minimum qualifying marks have been mentioned in the Bihar City Manager Cadre (Appointment and Service Conditions) Rules, 2014 and the advertisement, which states that 32 % for women is the minimum qualifying marks for the written test (70 marks) and not out of 100 marks as interpreted by BSSC.”

Case Briefs High Courts

‘Employer may pass order cancelling candidature on suppression of pending criminal case’; Allahabad HC upholds termination of candidate appointed to Class-IV post in District Judgeship

“A candidate seeking an appointment in the District Court judgeship should be of impeccable character and high integrity, and his antecedents should be clean and if a person whose integrity is doubtful or his antecedents are not clean is appointed, that can damage the institution.”

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No re-test for NEET UG 2024 as Supreme Court finds no material indicating vitiated results or systemic breaches

On 22-07-2024 the Supreme Court has asked the Director of IIT, Delhi to constitute a three-member expert committee to give their opinion regarding the correct answer to a multiple-choice question of NEET-UG 2024, for which the NTA awarded marks for two options.

Case Briefs High Courts

‘TC is a procedural tool to ensure child’s admission, cannot form basis for denying admission in school or to collect arrear of fees from parents’: Madras HC

“Payment of tuition fees is the duty of the parents towards the schools. Any default in the same ought to be recovered from the parents by the school concerned in the manner known to law. Instead, making entries of non-payment of fees on TC in the child’s name is humiliation for the child. ”

Case Briefs High Courts

‘No Work-No Pay’ principle is not applicable to Govt. employees for the period of absence, upon reinstatement after exoneration: Allahabad HC

By virtue of Rules 54(2) and 54(3), the petitioner is entitled to full pay and allowances for the period between 9-1-2020 to 29-9-2020 and his absence from service during the said period has to be treated as a period spent on duty for all purposes.

Case Briefs Supreme Court

Supreme Court sets aside withdrawal of prosecution of MLA accused of double murder in broad daylight

“The judicial system of our country often finds itself grappling with the pervasive issues of prolonged delay and suspected political influence within the legal proceedings.”

Case Briefs Supreme Court

Inside Supreme Court verdict on legality of State Governments levying and collecting Authorization Fee/Border Tax

Supreme Court said the petitioners must consider challenging the State provision in the Act and that they should have first approached their jurisdictional High Courts to challenge their respective State enactments.

Case Briefs High Courts

Madras HC issues guidelines on disposal of products of conception after MTP of a pregnant minor girl, and on disclosure of her personal details

Madras High Court made the Superintendent of Police of the District concerned responsible if the identity of the minor victim girl or the personal details are revealed to the outside world.

Case Briefs Supreme Court

SC sentences couple to 6-month simple imprisonment; calls ‘Imprisonment till rising of Court’ a flea-bite sentence for a serious offence of Bigamy

“The deserved punishment proportionate to the gravity of the offence is a continuous and continuing demand based on civic sense and unfailing in categories of serious offences where more than individual interest is also involved, the above rule of proportionality in providing punishment should not failed as otherwise it will impact the society.”

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[NEET UG 2024] Supreme Court directs NTA to upload results of all students, city and centre-wise, after masking their identities

Supreme Court directed NTA to complete this exercise till Saturday noon.

Case Briefs Supreme Court

Army Welfare Education Society not “State”; Service dispute between its educational institution & employees cannot be adjudicated in writ petition: Supreme Court

“Legitimate expectation, jurisprudentially, was a device created to maintain a check on arbitrariness in state action. It does not extend to and cannot govern the operation of contracts between private parties, wherein the doctrine of promissory estoppel holds the field.”

Case Briefs Supreme Court

Supreme Court discharges man accused of criminal conspiracy for his cashier’s custodial death

Supreme Court said that the finding of the Trial Court on the ground to proceed against the accused is based on suppositions and suspicions, having no foundational support from the materials produced by the prosecution.

Case Briefs High Courts

Certificates issued by Arya Samaj and Registrar are not sole proof of a valid Hindu marriage without customary rites and ceremonies: Allahabad HC

Allahabad High Court opined that marriage between the appellant and respondent as per Hindu rites and customs in terms of Section 7 of the HMA 1955 itself is not proved and the Trial Court has gravely erred in not considering this aspect of the matter which was implicit in the issues framed by it.

Case Briefs Supreme Court

[2021 Nagaland killings] Supreme Court issues notice to Defence Ministry in Nagaland’s plea to prosecute 30 Indian Army personnel

In 2022, the Supreme Court had stayed the criminal prosecution against the accused Army men, after noting that the sanction under AFSPA has not been obtained.