Apoorva, Author at SCC Times

S. 377 IPC decriminalised in 2018 Navtej Singh Johar case; SC declares curative petition against 2013 Suresh Kumar Koushal Judgment infructuous

A curative petition is a petition which requests the court to review its own decision even after a review petition is dismissed. It is considered as the last and final option available for redressal of grievances.

Know thy Judge

Know Thy Judge| Supreme Court of India: Justice Dipankar Datta

Justice Dipankar Datta was born on 09-02-1965 in a Bengali family. He served as a Judge in Calcutta High Court, and as Chief Justice of Bombay High Court, then he was sworn in as Supreme Court Judge on 12-12-2022 by Dr Justice D.Y. Chandrachud, the Chief Justice of India.

Case Briefs Supreme Court

Supreme Court grants bail to 24-year-old boy imprisoned for more than 15 months in NDPS case

All other three similarly situated co-accused persons have been granted bail by the Rajasthan High Court.

Case Briefs High Courts

Madras HC dismisses plea praying for dissolving National Commission for Scheduled Caste

“NCSC is a Constitutional body and functionary. It is constituted with an avowed object for the benefit of the Scheduled Caste people”

Case Briefs High Courts

Suit not barred for want of Notice under S. 326 of U.P. Municipalities Act if it defeats the purpose of Injunction suit; Allahabad HC upholds Civil Judge order

“Whether the suit is barred by any law must be determined from the statements in the plaint and it is not open to decide the issue on the basis of any other material including the written statement in the case.”

Case Briefs High Courts

Madras HC directs Health & Family Welfare Dept. to appoint Chairman and Members of State Allied and Healthcare Council

“The Committee constituted shall with the assistance of competent authorities conduct periodical inspections in the Clinical Establishments across the State and ensure that the qualified technician and employees are working there, and the medical services are provided in accordance with law and in the prescribed standards as contemplated under NCAHP Act and Rules.”

Case Briefs High Courts

Parties conducting Inter religious marriage must ensure compliance of Ss. 8 & 9 of UP Prohibition of Unlawful Conversion of Religion Act: Allahabad HC

Allahabad High Court granted liberty to the petitioners to file a fresh petition after ensuring compliance of Sections 8 and 9 of UP Prohibition of Unlawful Conversion of Religion Act, 2021.

Case Briefs Supreme Court

Inside Supreme Court verdict on importance of question of jurisdiction at the stage of granting interim relief

“No tribunal, far less a civil court, in exercise of judicial power ought to play ducks and drakes with the rights of the parties.”

Case Briefs High Courts

Read why Madras HC exercised its extraordinary jurisdiction to quash a sexual abuse case

It is not necessary for a criminal trial to go on just to dabble with an incident involving sexual abuse without identifying an accused. If this is allowed, the victim will be embarrassed and vilified, and the so-called accused person will go scot-free, since he has not been identified by anyone in this case.

Case Briefs Supreme Court

Banks can forfeit entire earnest money and not just extent of loss suffered by it due to auction purchaser’s default: SC

Any dilution of the forfeiture provided under Rule 9(5) of SARFAESI Rules would result in entire auction process under SARFAESI Act being disregarded by mischievous auction purchasers through sham bids, thereby undermining the overall object of the Act of promoting financial stability, reducing NPAs and fostering a more efficient and streamlined mechanism for recovery of bad debts.

Hot Off The Press News

[2012 UP Elections] Lucknow Court grants 6-months imprisonment to BJP MP Rita Bahuguna Joshi for violating code of conduct

Rita Bahuguna Joshi left Congress and joined BJP before the 2017 assembly elections.

New releases News

Jivesh Chandrayan and Sudin Sabnis join as LKS Attorneys’ Partners in Direct Tax, Corporate and M&A practices

Lakshmikumaran & Sridharan is a full-service law firm based in India. The firm has offices in 14 cities and has over 400 professionals specializing in areas such as corporate & commercial laws, dispute resolution, taxation and intellectual property

Case Briefs High Courts

Revenue Authorities cannot issue ‘No Caste No Religion’ Certificate in absence of powers conferred by law or by Government: Madras HC

“The Revenue Authority is expected to exercise their powers within the ambit of the statutes, rules and the Government Orders in force. They are not expected to issue the certificates at their choice. The claim of the petitioner has not been supported by any statute or Government Orders”.

Case Briefs High Courts

[Vyas ji tehkhana] Allahabad HC grants time to Masjid Committee to amend pleadings to challenge order appointing DM as a receiver

On the joint request of the parties, the matter will next be taken up on 06-02-2024

Case Briefs Supreme Court

SC grants interim protection from arrest to Odisha MLA Jayanarayan Mishra in woman police officer’s assault case

Supreme Court, while granting interim protection from arrest to Jayanarayan Mishra, issued notice and Dasti notice to the Standing Counsel for the State.

Case Briefs Supreme Court

‘High Court desisted from exercising contempt jurisdiction despite finding contemnor guilty’; Supreme Court sets aside Calcutta HC stay order

Supreme Court reiterated that in addition to punishing a contemnor for disobeying its orders, the Court can also ensure that such a contemnor does not continue to enjoy the benefits of his disobedience by merely suffering the punishment meted out to him.

Legal RoundUp Supreme Court Roundups

Supreme Court Roundup January 2024| Bilkis Bano Gang Rape; AMU hearing; DHFL Fraud Case; Triple Murder Case; Judge v Judge row and more

This roundup revisits the analyses of Supreme Court’s judgments/orders on Bilkis Bano Gang Rape case; Rules on post-retirement benefits; Second National Judicial Pay Commission; Accessible India Campaign; Right to claim Set-off in CIRP; and more. It also covers explainers on important law points; Never reported Judgments; Cases Reported in SCC Weekly in January; Know thy Judges; and appointment of new judges.

Hot Off The Press News

Varanasi Court directs DM to make arrangements for Hindus to worship in sealed ‘Vyas ji tehkhana’ inside Gyanvapi Mosque

In compliance with a directive from the State Government, the religious practices in the tehkhana were discontinued in 1993

Case Briefs High Courts

[Palani Temple dispute] Non-Hindus cannot be allowed inside temple without written undertaking: Madras HC issues directions

“The Hindus also have fundamental right to profess and practice their religion freely and propagate their religion without interfering in their way of practice. Therefore, the Hindus have right to maintain their temples as per their customs, practices and Hindu Religious and Charitable Endowment Department is having duty to protect the temples from such unwanted incidents”

Case Briefs High Courts

Accused cannot claim statutory right of default bail on the ground that investigation qua other accused was pending: Supreme Court in DHFL Fraud Case

Supreme Court noted that the right of the investigating officer to pray for further investigation in terms of Section 173 (8) is not taken away only because a chargesheet is filed under Section 173 (2) against the accused.