Apoorva, Author at SCC Times

Personal law to be applied consistently with Guardians and Wards Act; Allahabad HC dismisses habeas corpus petition in custody case

The writ of habeas corpus is a prerogative writ and an extraordinary remedy. It is a writ of right and not a writ of course and may be granted only on reasonable grounds or probable cause being shown.

Case Briefs Supreme Court

Tadoba Scam | Supreme Court upholds Bombay HC order rejecting Thakur brothers’ anticipatory bail

Supreme Court directed the investigation be conducted quickly and a decision on the investigation’s conclusion should be taken by the Investigating Authority.

Case Briefs Supreme Court (Constitution/Larger Benches)

Supreme Court strikes down Electoral Bonds Scheme for being violative of right to information under Art. 19(1)(a) of Constitution

The 5-Judge Constitution Bench heard a batch of cases challenging the controversial electoral bonds scheme over three days, before reserving the verdict in November.

Case Briefs High Courts

[Brick Throwing Case] Convict didn’t come prepared and armed with any weapon at all; Allahabad HC modifies ‘murder’ conviction to ‘grievous hurt’

Allahabad High Court noted that the deceased survived for seven days, thereafter he succumbed to this injury, and viewed that a single injury caused by throwing a piece of brick, which is not a handheld weapon, cannot be categorised as an injury likely to cause death.

Case Briefs Supreme Court

Can breaking up and advising a partner to marry someone else amount to abetment to suicide? Supreme Court answers

Supreme Court remarked that broken relationships and heart breaks are part of everyday life.

Case Briefs Supreme Court

Explained | Supreme Court verdict on Tenants right to pre-emption in the ‘urban immovable property’ under Punjab Pre-Emption Act

The notification dated 08-10-1985 limits its application for taking away the right of pre-emption only with reference to sale of land falling in the areas of any municipality.

Case Briefs Supreme Court

Supreme Court grants bail to Sadanand Kadam in Sai Resort Money Laundering case

Supreme Court directed that Sadanand Kadam to be produced before the Special Court within one week from the date of this order.

Hot Off The Press News

Supreme Court imposes Rs 50,000 costs on members of TNFA challenging appointment of a committee to look into its affairs

Supreme Court directed that the cost be deposited with the Supreme Court Middle Income Group Legal Aid Services

Case Briefs High Courts

Read why Madras HC refused to quash hate speech case against BJP State President K. Annamalai

This is another case which serves as a reminder to those in positions of power and influence whose words and deeds have a wider reach and impact on the citizenry of this country.

Case Briefs High Courts

Date of e-filing final report, not the date on which hard copy is brought before Court, to be taken as date of filing: Madras HC

“In this digital era, it is too late in the day to claim that the e-filing of the final report cannot be construed as the date of filing and it is only the physical availability of papers that should be construed as the actual date of filing.”

Case Briefs High Courts

Madras HC sets aside ED’s attachment order for not being in accordance with law, making consequential actions unsustainable

Madras High Court noted that even in the counter, ED have not explained how the provisional attachment can be sustained on merits, in view of the sale in favour of the petitioners

Hot Off The Press News

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.