Apoorva, Author at SCC Blog

Mere membership of a banned association is sufficient to constitute an offence under UAPA; Supreme Court upholds the Constitutional validity of S. 10(a)(i) UAPA

Supreme Court’s full bench declared the judgments in Arup Bhuyan, Indra Das and Raneef to be bad in law. Also, the High Courts Judgments which followed these precedents were overruled

Case Briefs High Courts

Allahabad HC rejects plea for quashing of proceedings under Muslim Women (Protection of Rights on Marriage) Act

Allahabad High Court said that if a case disclosing commission of an offence under remedial statute like Muslim Women (Protection of Rights on Marriage) Act, 2019 is nipped in the bud, the Statute aforesaid, which seeks to curtail a long-standing practice in society, would be bogged down.

Case Briefs High Courts

Offences under POCSO are not compoundable; Allahabad HC declines quashing the proceedings based on compromise between parties

Allahabad High Court said that the purpose is not to persecute the accused, nor is it to let him off because his relations with the complainant has taken a happier turn, as an offence of rape or one under POCSO is an offence against the society.

Case Briefs Supreme Court

Abolition of Orissa Administrative Tribunal Constitutionally valid: Supreme Court

Supreme Court said that the object of the Administrative Tribunals Act is to reduce arrears and enable the provision of speedy justice to litigants. Abolishing a State Administrative Tribunal would not frustrate this objective because SATs are not the only method by which the object is capable of being achieved.

Case Briefs Supreme Court

Once rural area is declared to be urbanised under DMC Act, provisions of the DLR Act cease to apply: Supreme Court

Supreme Court said that the civil suit filed at the instance of the respondents for taking possession of the subject land is pending for the last 32 years and has not started its journey yet, this is called the travesty of injustice to a person who is indisputedly the title holder and still unable to enjoy the property.

Case Briefs High Courts

Mere use of a Tamil letter in a film cannot be a ground to grant exemption from payment of Entertainment Tax; Madras High Court

Exemption from payment of Entertainment tax given to a film is a concession granted by the Government to encourage the film makers to use Tamil title for their films. Concession can never be claimed as a matter of right.

Case Briefs High Courts

“Finance Minister approved initiation of disciplinary proceedings against IRS Officer accused of supporting Sri Lankan Tamils”; Madras HC upholds CAT order

Madras HC dismissed a plea filed by IRS Officer who supported Sri Lankan Tamils through a hunger strike and criticised the Indian government’s policies on the Indo-Sri Lanka Peace Accord

Case Briefs Supreme Court

Service rendered by teachers in Zila Parishad to be counted towards the determination of seniority, even after their absorption into PMC: Supreme Court

Given the existence of the unambiguous provision, Supreme Court held that the services rendered by primary teachers while in the service of the Zilla Parishad deserves to be counted towards their seniority after the transfer and merger of their services into the Pune Municipal Corporation

Case Briefs High Courts

[Hathras Conspiracy case]: “Preventive detention of citizen for just and plausible reasons is a measure permissible under law”; Allahabad High Court grants bail to Atikur Rehman

Allahabad High Court granted bail to Atikur Rehman who was arrested in 2020 along with Siddique Kappan and two others on their way to meet the family of the Hathras Rape and Murder victim.

Case Briefs High Courts

Madras High Court directs Police for conducting a public meeting to disseminate information on inter-caste marriages and honour killing

Madras High Court said that it is a laudable object, and we cannot prohibit or prevent such public meeting.

Case Briefs Supreme Court

Supreme Court finds Chhattisgarh High Court’s judgment ‘Sketchy’; Acquits murder convict in a 20-year-old case

Supreme Court said that the cherished principles or golden threads of proof beyond reasonable doubt which runs through the web of our law should not be stretched morbidly which was done by the Courts below.

Case Briefs Supreme Court

Employees of Orissa Khadi and Village Industries Board not entitled to pension on a par with Government employees; Supreme Court sets aside Orissa HC judgment

Supreme Court said that even if development of Khadi and Cottage Industry is a Directive Principle of State Policy, it does not follow as a corollary that if the State establishes a Board or any organisation to carry out the obligations under such DPSP, it cannot make separate arrangements as regards the service conditions of the employees of such a Board or organisation.

Case Briefs Tribunals/Commissions/Regulatory Bodies

RPC fee paid by Formula One not liable to be disallowed; Second proviso to S. 40(a)(i) be given retrospective effect: ITAT

ITAT held that the second proviso to Clause (i) of Section 40(a) just like second proviso to clause (ia) of Section 40(a) was inserted to remove an anomaly and were therefore curative and declaratory in nature. Hence, it had to be given retrospective effect.

Case Briefs High Courts

Madras High Court imposes cost of Rs.10,000 on RDO for arbitrary refusal of Kattunayakan Community Certificate to applicant’s son and daughter

Madras High Court quashed the rejection order dated 08-11-2022 passed by the RDO with respect to the petitioner’s applications and remitted back the matters to the RDO for passing fresh orders

Case Briefs Tribunals/Commissions/Regulatory Bodies

Payment received by assessee from foreign company for business support services cannot be treated as FTS under Art. 12 (5) of India Netherlands DTAA: ITAT reiterates

ITAT noted that an identical issue was subject matter of consideration of the Tribunal in assessee’s own case, hence following the precedent, the Tribunal directed that the payment received in this case cannot be treated as FTS under Article 12 (5) of India Netherlands DTAA.

Case Briefs Supreme Court

NGT can direct Pollution Board to exercise its powers under Section 5 of Environment (Protection) Act: Supreme Court

Supreme Court held that it is not necessary to make obtaining of CTE and CTO mandatory and directed the CPCB to ensure that its guidelines are scrupulously followed and once the guidelines are scrupulously adhered to, no direction to obtain CTE and CTO for starting/operating a petroleum outlet is warranted.

Case Briefs Supreme Court

Land Acquisition| In public purpose schemes, Authority should be given the time allotted to it by the Statute for doing certain things: Supreme Court

Supreme Court held that Madhya Pradesh High Court was not justified in quashing the entire Scheme providing for other connected land use, on the ground that the same has lapsed under Section 54 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973.

Case Briefs Supreme Court

Desirable if High Courts maintain a hands-off approach and not quash FIRs in corruption cases at the stage of investigation: Supreme Court

Supreme court said that if criminal prosecution is based upon adequate evidence and the same is otherwise justifiable, it does not become vitiated on account of significant political overtones and mala fide motives

Case Briefs Supreme Court

“Upon receipt of three show cause notices, allottee showed no urgency in taking steps to set up the industrial unit”, Supreme Court upholds NCDRC order

Supreme Court directed HSIDC to refund the sum of ₹ 1,66,425/- with interest at 6% p.a. from 18-09-1998 till date to the allottee.

Case Briefs High Courts

Central Government may take appropriate decision to ban cow slaughtering in India and declare cows as ‘protected national animal’: Allahabad High Court

Allahabad High Court said that anyone who kills cows or allows others to kill them is deemed to rot in hell as many years as there are hairs upon his body.