Apoorva, Author at SCC Times

Courts have limited power to modify arbitral awards under Sections 34 and 37 of Arbitration and Conciliation Act: Supreme Court by 4:1 majority

Section 34 of the Arbitration and Conciliation Act, 1996 provides the legal framework for challenging an arbitral award before a court, while Section 37 governs appeals against specific orders passed under the Act, including those made under Section 34.

Case Briefs High Courts

Hathras gang rape & murder case| Allahabad High Court refuses to quash criminal proceedings against suspended SHO

“Facts emerged in investigation not only indicate lack of sensitivity but dereliction of duty on part of accused, and act and omissions of accused violate the provisions of law and rules.”

Case Briefs High Courts

Allahabad High Court finds ADJ incompetent in judgment writing; Directs three months’ training at Judicial Training and Research Institute

The Court directed the District Judge, Kanpur Nagar, to transfer the Revision to another equivalent and competent court, other than the court of Dr. Amit Verma, Additional District Judge, if he was still posted there.

Case Briefs Supreme Court

‘Illness is presumed to be service related if no disease is recorded by medical board at time of entry’; Supreme Court orders 50% disability pension for ex-serviceman

Supreme Court found that the Tribunal had merely relied on the remarks of the Invaliding Medical Board and the Re-Survey Medical Boards to conclude that, since the appellant’s disability was assessed at less than 20%, he was not entitled to the disability element of the disability pension.

Case Briefs Supreme Court

Supreme Court pulls up Government of Haryana for non-compliance in manual scavenging compensation case; Orders Chief Secretary’s Personal Presence

“It appears that the State of Haryana has not paid any attention to our order dated 3-1-2025 nor has looked into the representation filed by the petitioner”

Case Briefs Supreme Court

Supreme Court invokes Article 142 to dissolve marriage on grounds of irretrievable breakdown; Grants wife visitation rights with daughter

“In the interest of justice, equity, and the welfare of the child, we deem it appropriate to grant visitation rights to the wife so that she may gradually rebuild a bond with her daughter.”

Case Briefs High Courts

Madras HC directs State to grant temporary leave to undertrial prisoners to attend relative’s funeral without requiring interim bail from Court

“The right of a prisoner, whether convicted or under trial makes no difference to temporary leave of absence to attend burial/funeral of a close relative is rooted in the principle of humane treatment and the inherent dignity as a human being. This right does not differentiate between the two categories of prisoners.”

Case Briefs High Courts

Can serious POCSO offences be quashed on settlement between parties? Kerala High Court answers

“Each case will have to be addressed in the peculiar facts obtaining therein, and there cannot be an en bloc conclusion that the quashment is wholly impermissible in cases involving POCSO offences.”

Acquittal of man accused of burning family alive

Case Briefs Supreme Court

Supreme Court upholds acquittal of man accused of burning wife and three daughters alive in 17 year old case

“When an appeal against conviction is preferred before the High Court, at the earliest stage, the High Court must examine whether there is a proper statement of the accused recorded under Section 313 of CrPC (Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023).”

Case Briefs Supreme Court

Supreme Court invokes Article 142 to restore original sentence and order release after convict serves excess term in POCSO case

The original judgment of the Special Court convicted and imposed a sentence of rigorous imprisonment for seven years on the convict. However, the convict had already undergone eleven years of actual sentence.

Case Briefs High Courts

Madras HC clears attachment on late actor Sivaji Ganesan’s property amid arbitral award execution against grandson

If the intention of the legislature had been to require the recording of oral evidence for adjudicating every application filed under Order 21, Rule 58 CPC, such a requirement would have been explicitly stipulated within the provision itself.

Case Briefs Supreme Court

Decision rendered by Apex Court, at SLP stage or post grant of leave cannot be assailed directly or collaterally under Article 32: Supreme Court affirms

“Finality of a lis is a core facet of a sound judicial system. Litigation which had concluded or had reached finality cannot be reopened. If this is permitted, then there will be no finality and no end to litigation. There will be chaos in the administration of justice.”

Case Briefs High Courts

‘Prolonged pre-trial detention is anathema to Constitution, besides being in violation of human rights’; Madras HC grants bail to former DMK member Jaffer Sadiq in PMLA case

“Needless to say, that if the accused persons are found influencing any witness, it is always open to the prosecution to seek cancellation of bail and as on date, there is no complaint of any tampering or attempt to influence witnesses.”

Case Briefs Supreme Court

“Findings in NI Act proceedings bind parties in subsequent cases involving same issue”; Supreme Court affirms applicability of res judicata in criminal matters

The Court noted that the applicability of the principle of res judicata in criminal proceedings has been examined in several of its earlier decisions, which present divergent views.

Case Briefs High Courts

Mere liking of a post does not attract penalty under S. 67 of IT Act or constitute a criminal offence: Allahabad High Court

“Even otherwise Section 67 of the IT Act is for obscene material and not for provocative material. The words “lascivious or appeals to the prurient interest” mean relating to sexual interest and desire, therefore, Section 67 IT Act does not prescribe any punishment for other provocative material.”

Case Briefs High Courts

Madras HC expresses concern over criminal behavior among students of prestigious institutions; Recommends formation of special committee to address behavioral issues

“It is disheartening that students of such prestigious institutions have recently been involved in criminal behavior, tarnishing their reputations and jeopardizing their futures.”

Case Briefs Supreme Court

Are Ex-Military Nursing Service officers considered “ex-servicemen” for State reservation and employment? Supreme Court answers

“Effective resettlement of ex-servicemen is necessary to keep the morale of the serving members of the defence forces. If the resettlement of veterans is neglected, the talented youth of the nation may not be motivated to join armed forces.”

Case Briefs High Courts

‘Employee not at fault for service interruption; entitled to all service benefits’; Madras HC directs authorities to grant retirement benefits to former Village Administrative Officer

“The respondents cannot take a stand that since the petitioner did not serve during the period, on the percept of ‘no work no pay’ his pay was fixed notionally to enable him to get pensionary benefits. The said contention of the respondents is untenable and unsustainable in the eye of law.”

Case Briefs High Courts

Allahabad High Court grants bail to a man accused of manufacturing synthetic milk and paneer from harmful chemicals for over two decades

The main accused, Ajay Agrawal, a businessman from Bulandshahr, Uttar Pradesh, and owner of Agarwal Traders, also has been arrested for adulterating dairy products.

Case Briefs High Courts

Any marriage solemnized in Arya Samaj Mandir as per Vedic procedure is valid marriage under Hindu Marriage Act: Allahabad HC

“In Arya Samaj Mandir, marriage is conducted as per the vedic procedure, which includes Hindu customs and rites like Kanyadan, Panigrahan, Saptapadi and chanting of Mantras while applying vermilion.”