Apoorva, Author at SCC Times

‘Chief Justice cannot individually reconsider recommendation’; SC directs HP High Court Collegium to collectively reconsider elevation of two District Judges

“This appears to be a case where there was no collective consultation amongst the three Constitutional functionaries of the High Court i.e. the Chief Justice and the two senior-most companion judges. The absence of plurality, in reconsideration as directed by the Supreme Court Collegium, is discernible.”

Hot Off The Press News

Supreme Court grants bail to Bhushan Steel former MD Neeraj Singal in money laundering case

Neeraj Singal was arrested by the Enforcement Directorate on 09-06-2023 in a bank fraud and money laundering case

Case Briefs High Courts

‘Intention is not a necessary element in cruelty’: Allahabad HC grants divorce to husband on grounds of cruelty and desertion

“The long period of continuous separation of a decade establishes that the matrimonial bond is beyond repair. Marriage between the parties has become a fiction, though supported by a legal tie.”

Case Briefs High Courts

‘Husband never attempted to establish that wife was incurably of unsound mind’; Allahabad HC dismisses husband’s divorce plea

While the husband and his witnesses made statements stating that the wife had been prescribed medicines for her mental ill health, however, they did not demonstrate the nature of her illness, or the extent of affliction suffered by her.

Hot Off The Press News

Supreme Court dismisses former Principal Sandip Ghosh’s plea against Calcutta HC order transferring RG Kar College corruption case to CBI

Sandip Ghosh was the Principal of the RG Kar Hospital and College where the brutal rape and murder of a doctor took place on 9-08-2024. The Calcutta High Court on 13-08-2024 had transferred the investigation to CBI relating to the doctor’s death.

Case Briefs High Courts

‘Poker and rummy are games of skill and not gambling’; Allahabad HC directs authorities to pass reasoned order in application for permission to run a gaming unit

The permission being granted by itself would not prevent the authorities from checking on the aspect of gambling that may take place at a particular place and if the same happens, necessary action under law can always be taken by the authorities.

Case Briefs High Courts

Widowed daughter-in-law not living in matrimonial home can claim maintenance from father-in-law: Allahabad High Court

“Merely because the woman may have made that choice cannot be concluded to mean that she had separated from her matrimonial home without reasonable cause or that she would have sufficient means to survive on her own.”

Case Briefs High Courts

Lawyer involved in forging rental agreement is liable to be prosecuted for misconduct under Advocates Act and BCI Rules; Madras HC issues directions

“The Bar Council has to maintain professional standards and in the event of any complaint of misconduct, actions are to be initiated.”

Case Briefs High Courts

‘Section 29-A of Arbitration Act is procedural and discretion is given to parties to extend arbitration period further for 6 months’ ; Madras HC upholds arbitration award passed beyond 12 months

“The legislative intent of inserting Section 29-A of the Act is only for expeditious disposal of the arbitration proceedings and not to confer a new defence upon an unsuccessful party to challenge the award and to reopen the entire proceedings.”

Legal RoundUp Topic-wise Roundup

Intellectual Property Rights | A quick view of top Intellectual Property cases from July and August 2024

A quick recap of top Intellectual Property cases on sale of counterfeit copies of EBC’s books, Nizam’s trade mark, Mankind v. Mercykind, Adidas, L’Oréal, Electronica, and more.

Case Briefs Supreme Court

Presence only of advocates appearing or assisting during hearing, in person or online, to be marked: Supreme Court

“Based on the counsel’s presence in the proceedings, the advocates may be entitled to certain benefits such as allotment of chamber, designation of senior advocates and others. In the long run, if the advocates who are not present in the Court are permitted to mark their presence, it may have adverse impact on those Bar members who are appearing regularly.”

Hot Off The Press News

Supreme Court forms High-Powered Committee to negotiate with farmers protesting at Shambhu border for Minimum Support Price

Shambhu Border between the States of Punjab and Haryana was closed in February 2024 due to farmers’ protests, raising demands such as a statutory guarantee for the Minimum Support Price for crops.

Case Briefs High Courts

Wife declining to cohabit with husband by forcing him to live in separate room, amounts to both physical and mental cruelty: Allahabad High Court

“There was sufficient evidence to prove the ground of cruelty pleaded by the husband for grant of a decree of divorce”

Legal RoundUp Supreme Court Roundups

Supreme Court Roundup August 2024| Stories on Kolkata rape and murder case; Sub-classification of SC/STs; NEET UG 2024; Delhi excise policy scam; Mineral Rights; and more

This roundup revisits the analyses of Supreme Court’s judgments/orders on Kolkata rape and murder case; Sub-classification of SC/STs; NEET UG 2024; Patanjali Misleading Ads case; Delhi excise policy scam; Mineral Rights; and more. It also covers top stories; Never reported Judgments; Cases Reported in SCC Weekly in August; Know thy Judges.

Case Briefs High Courts

Allahabad High Court asks Trial Courts to not issue certified copies of statements under S. 164 CrPC to any person till cognizance is taken

Allahabad High Court directed the Investigating Officers not to supply a copy of the statements recorded under Section 164 CrPC to any person during investigation.

Case Briefs High Courts

Absence of payment of freight charges, acknowledgement of taking delivery of goods, toll receipts fails to establish physical movement of goods; Allahabad HC upholds proceedings under S.74 of UPGST

“In the event of wrong availment of input tax credit, the proceedings can be initiated against the registered person or registered dealer but at the same time, restrictions has been imposed upon the authorities that without putting notice to the dealer, no adjudication proceeding can be initiated.”

Case Briefs Supreme Court

Supreme Court grants anticipatory bail to journalist Shajan Skaria in SC/ST Act case for making derogatory remarks against MLA PV Sreenijin

“All insults or intimidations to a member of the Scheduled Caste or Scheduled Tribe will not amount to an offence under the Act, 1989 unless such insult or intimidation is on the ground that the victim belongs to Scheduled Caste or Scheduled Tribe.”

Case Briefs Supreme Court

Incriminatory Statement given by PMLA accused in custody is inadmissible in another money laundering case: Supreme Court

“Article 21 being a higher constitutional right, statutory provisions should align themselves to the said higher constitutional edict”

Case Briefs High Courts

Complete denial of company to spouse, without any justifiable reason, amounts to cruelty; Constitutes death of spirit and soul of Hindu marriage: Allahabad HC

“A Hindu marriage is a sacrament and not just a social contract where one partner abandons the other without reason or just cause or existing or valid circumstance necessitating that conduct, the sacrament loses its soul and spirit, though it may continue to hold its external form and body.”

Case Briefs Supreme Court

Supreme Court grants bail to K. Kavitha in Delhi Excise Liquor Policy Scam

The CBI and the ED have claimed that K. Kavitha was involved in the exchange of bribes and money laundering in connection with the Delhi Excise Policy