Apoorva, Author at SCC Times

Companies complying with rules of Ministries and Public Regulators are not ‘State’ under Article 12, unless under pervasive Government control: Allahabad HC

“To determine whether an authority/body would fall under ‘State’ within the meaning of Article 12 would have to be determined on the cumulative facts of financial, functional and administrative dominance and/or control of the Government upon such a body. If such control is factually found, then the body would be treated as ‘State’ within Article 12.”

Case Briefs High Courts

Attempt to commit unnatural sex with minor boy: Kerala High Court reduces convict’s sentence to imprisonment for a day

“Considering the age of the convict at the time of the commission of the offence and the nature of the offence made out from the materials on record, a lenient view can be taken. The interest of justice can be met by adequately compensating the victim.”

Case Briefs Supreme Court

Supreme Court sets aside preventive detention order for ignoring bail conditions imposed by Magistrate for the same offence

Supreme Court noted that nothing is stated by the detaining authority as to why the conditions are not sufficient to prevent the detenu from engaging in further activities of smuggling; which was the specific ground on which the conditions were imposed while granting bail.

Case Briefs High Courts

‘Mental condition of youngsters in our country is astonishing and disturbing’: Kerala HC grants bail to 25-year-old who attacked mother over money refusal

“There is no purpose in blaming the young generation. The society and parents should watch them closely and monitor that their relationship is with good people.”

Case Briefs High Courts

Madras High Court imposes 5 lakh cost on State for re-agitation of matter already settled by Supreme Court

Madras High Court emphasised that the Government can regulate appointments in aided colleges, but not through administrative orders contradicting existing rules.

Case Briefs Supreme Court

“Each vote’s sanctity must be protected, irrespective of its effect on election outcome”; SC orders recount in Prayagraj Gram Panchayat election

“Right from the inception of democratic rule, universal adult franchise has found its place in our system of governance. Each election upholding these cherished values of public participation, equality and integrity of the vote is a testament to the vision of the founders.”

Case Briefs High Courts

Kerala High Court authorizes KeLSA to lead awareness campaign against child marriages in Wayanad’s tribal communities

“In tribal communities, practice of child marriages remains deeply ingrained, driven by tradition, poverty, and a lack of legal oversight. Ending child marriage requires legal and social intervention”

Case Briefs Supreme Court

Supreme Court directs High Courts to ensure pending execution petitions to be decided within six months without fail

“It is said that the woes for the litigants in this country start once they are able to obtain a decree in their favour and are unable to execute and reap its fruits for years together.”

Case Briefs High Courts

Madras HC directs Varadharaja Perumal temple authorities to appoint trustees promptly; Warns against playing non-devotional songs inside temple

The Varadharaja Perumal Temple, is a Hindu temple dedicated to God Vishnu and Goddess Lakshmi. It is located in Tirumalairayanpattinam, Puducherry.

Case Briefs High Courts

Adoption by step-parent cannot be permitted without biological parent’s consent: Kerala High Court

A biological father has the inherent right to custody of his child, a right that continues until the child reaches the age of majority or until the order is modified or revoked by a competent court, and the substantive and intrinsic statutory right of a biological father to retain custody of his child cannot be waived or relaxed by the CARA under Regulation 63.

Case Briefs Supreme Court

‘Conclusion must have reasons to stand on’: Supreme Court sets aside unreasoned BCI order dismissing revision petition on Advocates’ professional misconduct

Supreme Court reiterated that that an order of affirmation may not require elaborate reasons as required in the case of an order of reversal, but it does not mean that such order of affirmation need not contain any reason at all.

Case Briefs Supreme Court

Strict adherence to MRTP Act’s acquisition timeline is essential, land reservation lapses if no action is taken: Supreme Court

“It does not make any good sense to keep a plot reserved in a development plan for the past 33 years. The Authority did not allow the original owners to use the land and are now not permitting even the purchasers to utilize the land.”

Case Briefs High Courts

Maintainability of proceedings under S. 148A(b) of Income Tax Act post-enforcement of Finance (No. 2) Act, 2024: Read Allahabad HC’s ruling

The Finance Act No. 02 of 2024, which came into effect on 01-09-2024, brought about significant amendments to the Income Tax Act. Among the key changes are revisions to Sections 148 and 148A, which pertain to the provisions for assessment and reassessment of income. In addition, Section 152 has been amended to introduce two new sub-sections.

Case Briefs Supreme Court

Supreme Court rules washing, cleaning, and dry-cleaning as ‘Manufacturing Process’ under Factories Act, 1948

“It is very clear that Section 2(g) of the Factories Act, 1934 did not have the words ‘washing, cleaning’ and they have been specifically brought in the Factories Act, 1948 with a clear object of bringing into the fold of the Act undertakings excluded from the scope of the 1934 Act.”

Case Briefs Supreme Court

Justice Bela M Trivedi explains jurisdictionary powers of judicial review under Arts. 32 and 226 of Constitution when arrest is challenged

“Though, the power of judicial review keeps a check and balance on the functioning of the public authorities and is exercised for better and more efficient and informed exercise of their powers, such power has to be exercised very cautiously keeping in mind that such exercise of power of judicial review may not lead to judicial overreach, undermining the powers of the statutory authorities”

Visually impaired eligibility for judiciary

Case Briefs Supreme Court

Visually impaired candidates eligible to participate in judicial service examination: Supreme Court

“The Constitution of India is blind to the differences between able-bodied and differently abled citizens in matters of providing equal opportunity to all citizens in all spheres of life, including employment, and envisages equality and non-discrimination.”

Power to arrest under Customs and GST Acts

Case Briefs Supreme Court

Explained | Supreme Court’s verdict on constitutional validity of “power to arrest” provisions under Customs and GST Acts

“The framework of the Customs Act clearly reflects the legislative intent to establish a distinct and unique procedure for the exercise of arrest powers by a customs officer”

New releases News

“Let us move towards difference settlement from dispute resolution” says Vice President Jagdeep Dhankhar at IIAC Colloquium

This report contains the keynote address by Vice President Jagdeep Dhankhar as Chief Guest at the Colloquium organised by India International Arbitration Centre (IIAC) at Bharat Mandapam in New Delhi.

Case Briefs High Courts

Prima facie findings in bail orders not binding on Trial Court or Investigating officer: Kerala High Court

Kerala High Court said that when a question of law or a point on merit is raised by the accused in a bail application, it is the duty of the bail court to decide that point. But that decision will be a prima facie finding at the bail application stage.

Case Briefs Supreme Court

Supreme Court acquits murder convicts due to lack of credible evidence; Sets aside High Court’s conviction order in 36-year-old case

Supreme Court said that according to the prosecution, the convicts had committed the murder of the deceased. Therefore, it is for the prosecution to connect the convicts to the murder by producing credible and legally admissible evidence.