Apoorva, Author at SCC Times

‘Unlike enrolment fee, there is no statutory provision which prescribes any sum towards exam fee’: Madras HC dismisses plea to reduce AIBE fee

“A Writ of Mandamus can be issued only if the applicant can show the existence of a legal right.”

‘Hotel’s legitimate expectation was not met’, Madras HC sets aside order rejecting SRM Hotel’s request for renewal of land lease on fresh terms

“SRM Hotels should have been given an opportunity to demonstrate that they and not TTDC are better equipped to run the hotel.”

Case Briefs High Courts

‘One year PG degree is valid for Government Service’: Madras HC directs TNPSC to appoint candidate as typist and to provide him all service benefits

“In the post of Typist where there are vacancies at any given time, the petitioner can be accommodated in any subsequent vacancy without the challenge being made to the selection and appointment of the next candidate and without dislodging the candidate who is selected in his place.”

Case Briefs High Courts

Can adopted child’s biological family claim share in his property as legal heirs? Madras HC answers

Madras High Court said that the adoptive child is construed to be a member of the adopted family, all the ties of the child are replaced in the adoptive family created by adoption

Case Briefs High Courts

Kshetriya Shri Gandhi Ashram not State under Art. 12 of Constitution: Allahabad High Court

“Kshetriya Shri Gandhi Ashram is a regional body. Its parent body is the Shri Gandhi Ashram, Lucknow. There is no statute regulating the functioning of society or providing the State and its Officers with control over their affairs.”

Hot Off The Press News

[NEET UG 2024] Supreme Court issues notice in NTA’s transfer plea; Stays proceedings before High Courts

The stay was on proceedings in petitions filed in Rajasthan, Calcutta and Bombay High Courts regarding the alleged paper leak in the NEET-UG 2024 exam held on 05-05-2024

Case Briefs Supreme Court

Explained | Supreme Court’s verdict on retrospective applicability of CrPC in Jammu & Kashmir

Supreme Court said that while we are holding that the requirement of an authorization or an empowerment is mandatory for conveying a complaint, it being at the conclusion of investigation, would not preclude the investigating agency from complying with it thereafter.

Case Briefs High Courts

‘Sorry state of affairs that NEET UG Aspirant filed a petition enclosing forged and fictitious documents’: Allahabad HC dismisses her plea for manual checking of OMR sheet

Allahabad HC said that it cannot restrain the competent authority / authorities from taking any legal action against the petitioner strictly in accordance with law.

Case Briefs High Courts

Madras High Court affirms rejection of IIT-M Patent on ‘Method of Doping Potassium’, for lack of inventive step

Madras High Court concluded that without any experimental data to compare the costs of using filtrate material, which requires frequent changing, vis-a-vis using an external reagent, the economic significance of the claimed invention cannot be established. Thus, the claimed invention lacks an inventive step under Section 2(1)(ja) of the Patents Act.

Case Briefs High Courts

Candidate claiming compassionate appointment cannot be given second chance to qualify physical efficiency test after failing it once: Allahabad HC

“Appointment under a compassionate scheme is not meant to be an alternate source of recruitment. It is essential to reach immediate succor to a bereaved family, as the sudden passing away of a government servant creates a financial vacuum and it is to lend a helping hand to the genuinely needed members of the bereaved family that an appointment is provided.”

Hot Off The Press News

[NEET UG 2024] Supreme Court issues notice to NTA and Union Govt. seeking response on alleged paper leaks and malpractices

On 13-06-2024, SC has accepted Centre and NTA’s decision to cancel grace marks awarded to 1,563 NEET-UG candidates who did not get the requisite time to finish the exam, with an option to take a re-test later in June.

Case Briefs High Courts

[Sexual Harassment at Workplace] Madras HC partially vitiates inquiry report for not providing accused an opportunity to cross-examine the witnesses

“Sexual harassment causes considerable harm to women. Harassment undermines women’s workplace authority, reduces them to sexual objects and reinforces sexual stereotypes and inappropriate gender behaviour. It can have deleterious consequences for the mental and physical health of women”.

Case Briefs High Courts

‘Marital status of woman cannot be the determining factor for giving her child in adoption’, Madras HC sets aside Registering Authority’s order refusing to register adoption deed

Madras High Court said that the reason given in the impugned refusal check slip reveals the patriarchal mind set of the registering authority, giving an underlying assumption that an unmarried woman above the age of 18 years cannot give her biological child in adoption.

Case Briefs High Courts

‘Merely because deceased was in obligation under S. 131 of MV Act to be vigilant, does not absolve Railways from liability’: Allahabad HC remands matter to MACT

Allahabad High Court set aside the impugned order and remanded the matter to the Motor Accident Claims Tribunal to decide the Claim Petition afresh.

Case Briefs High Courts

Madras HC directs Senior Advocates to pay their Juniors monthly stipend of Rs. 15000 to Rs 20,000

“Why should our future Lawyers be made to undergo the same difficulties we encountered? Why can’t we come together to provide them with a safe and robust ecosystem? This should be the vision we must create for ourselves in today’s time and age”

Case Briefs Supreme Court

Compulsory acquisition of private property: Supreme Court outlines seven sub-rights of Constitutional Right to Property

“The seven sub-rights may be procedures, but they do constitute the real content of the right to property under Article 300A, non-compliance of these will amount to violation of the right, being without the authority of law.”

Hot Off The Press News

Supreme Court suspends screening of film ‘Hamare Baarah’ until disposal of case pending over its release before Bombay HC

Supreme Court gave the petitioner liberty to raise the objection regarding constitution of the committee by the CBFC before the High Court

Hot Off The Press News

[Delhi Water Crisis] Supreme Court asks Delhi Govt. to file affidavit for the measures taken to prevent water loss

In the earlier order, the Supreme Court deferred the hearing after noting that the defects in the Delhi Government’s petition copy have not been removed.

Case Briefs High Courts

Co-operative societies are not “public authorities” under RTI Act, not bound to provide information requested by citizen: Madras HC reiterates

As per the petitioner, the society is an autonomous body and is not a public authority within the meaning of Section 2(h) of the Right to Information Act, 2005.

Case Briefs Supreme Court

Can Arbitration proceedings be terminated on claimant’s failure to request Arbitral Tribunal to fix a date for hearing? SC answers

“The abandonment of the claim can be either express or implied. The abandonment cannot be readily inferred. There is an implied abandonment when admitted or proved facts are so clinching that the only inference which can be drawn is of the abandonment.”