Apoorva, Author at SCC Times

Supreme Court spares POCSO convict from sentence citing marriage to victim; Highlights injustice to victim by family, society and legal system

“This year, as the nation commemorated the 75th anniversary of the Constitution on 26th January, it was recalled that the Constitution envisioned the State as a welfare state, guaranteeing social and economic justice to all citizens. Yet, in this case, there had been a profound failure to provide both social and economic justice to the victim. The facts revealed a failure of the very concept of the welfare state.”

Supreme Court National Highways encroachments

Case Briefs Supreme Court

Supreme Court issues directions to Union Government to enhance safety and address encroachments on National Highways

“It is the obligation of the Central Government to maintain the National Highways. The maintenance of highways includes the obligation to keep them in good condition. It also includes keeping them free of encroachments and, most importantly, providing adequate safety measures to reduce the possibility of accidents.”

High Courts inherent jurisdiction DV Act

Case Briefs Supreme Court

Supreme Court | High Courts can quash proceedings under Section 12 of DV Act pending before Magistrate

“When it comes to exercise of power under Section 482 CrPC in relation to application under Section 12(1), the High Court has to keep in mind the fact that the DV Act, 2005 is a welfare legislation. Therefore, while exercising jurisdiction under Section 482 CrPC for quashing proceedings under Section 12(1), the High Court should be very slow and circumspect”.

Case Briefs High Courts

Allahabad High Court grants interim relief to telecom towers; Stays property tax notices issued by Lucknow Municipal Corporation

The outcome of the case will be important and have far reaching effects greatly impacting revenue collection of Municipal Bodies from Telecom Infrastructure Companies. Legally important questions of law including the power to tax Telecommunications Equipment (which falls under Entry 31 the Union List) shall be examined.

Case Briefs Supreme Court

Supreme Court upholds Gauhati HC order directing Nagaland to ensure salary parity for RMSA teachers

The Court also vacated the previously granted interim order.

Case Briefs High Courts

‘For every mishap or death during treatment, Doctor cannot be punished’; Kerala HC quashes medical negligence case

The Court clarified that only in cases involving a gross lack of competence, inaction, or a wanton disregard for the patient’s safety, stemming from gross ignorance or gross negligence, can a doctor be made to face criminal charges.

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Supreme Court grants interim bail to Professor Ali Khan Mahmudabad; Orders SIT to investigate his social media post on Operation Sindoor

The Court clarified that the grant of interim bail was intended solely to assist in the ongoing investigation. Additionally, it instructed Professor Mahmudabad to provide a single bail bond covering both FIRs and to submit his passport to the Chief Judicial Magistrate.

Case Briefs High Courts

Allahabad High Court upholds appointment of Aligarh Muslim University’s first woman vice-chancellor Naima Khatoon

“In the history of the University for well over a century no women has ever been appointed as Vice-chancellor. Appointment of woman as Vice-Chancellor of a premier institution of higher learning sends a message that the constitutional objective of advancement of cause of women is being promoted.”

Case Briefs Supreme Court

Supreme Court restores minimum three-year legal practice requirement for eligibility in civil judge exams

Supreme Court clarified that the three-year period of legal practice would be counted from the date of provisional enrolment as an advocate, and not from the date of passing the All-India Bar Examination (AIBE), recognizing the varying schedules of the AIBE across jurisdictions.

Case Briefs Supreme Court

Supreme Court upholds ‘One Rank One Pension’ for all retired High Court Judges; Orders equal and full pension

“A retired Judge of the High Court shall also include such of the retired Judges of a High Court who have retired as Additional Judge of the High Court”

Case Briefs High Courts

Pendency of Arbitration does not prevent stamp authorities from initiating proceedings; Show Cause notice not an adverse order affecting parties’ rights: Allahabad HC

“The right to know and to effectively respond to the charges has been recognized as a fundamental feature of any administrative adjudicatory process. It is a fundamental principle of fairness that a party should have prior notice of the case against him and an opportunity to properly respond to the same”

Article 143 Supreme Court advisory jurisdiction

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Article 143 of the Constitution of India: Supreme Court’s Advisory Jurisdiction Explained

Explore Article 143 of the Constitution of India, detailing Supreme Court’s advisory jurisdiction. Learn about the recent concerns raised by President Droupadi Murmu regarding the Supreme Court’s directive in State of T.N. v. Governor of T.N., 2025 SCC OnLine SC 770.

Case Briefs Supreme Court

Supreme Court urges sensitization of officials and creation of more POCSO Courts to combat delays in child rape trials

“In our opinion, since the timelines have been stipulated under the POCSO Act for all stages right from the stage of Investigation up to the stage of Trial, the same must be adhered to as far as possible. Because of the inadequacy of the number of exclusive Courts for the POCSO Cases, the said timelines mandated in the Act for completion of the trials are not being maintained.”

Case Briefs Supreme Court

Supreme Court directs High Courts to frame or amend rules for recruitment and service conditions for Court Managers; Issues directions for their regularisation

“The Court Managers having served for years, after rendering their services for such a long period, if they are not made permanent and are to be thrown away at this stage, it would cause a great hardship to them”

Case Briefs Supreme Court

Supreme Court urges courts to exercise suo motu powers in cases involving misleading arbitration clauses drafted by lawyers

“What is most shocking to our judicial conscience is the incontrovertible reality that the parties in the present cases have spent nigh a decade acrimoniously litigating over the method of dispute resolution itself, while their actual qualms against each other remain deeply buried under the surface—effectively stuck in limbo.”

Case Briefs High Courts

Public Information Officer neither has power nor duty to conduct an inquiry under Section 7 of Right to Information Act: Kerala High Court

“Assuming that there is negligence on the part of the petitioner to that extent, an isolated instance of negligence as alleged against the petitioner cannot be a reason to decline approval to the appointment of the petitioner as Principal which was made after a due selection process.”

Case Briefs High Courts

Bigamy not applicable to Muslim man under Mohammedan Law unless second marriage is void under Shariat: Allahabad High Court

Allahabad High Court highlighted that the Quran permits polygamy for just and fair reasons, but in modern times, this provision is often misused for selfish purposes.

Case Briefs High Courts

Undertrials must first seek Court permission to travel abroad before applying for issuance or renewal of passport: Allahabad High Court

“It goes without saying that as per Official notification dated 25-08-1993 relaxation under Section 6 (2) (f) of the Passport Act, 1967 applies to only those persons who produce orders from the Court concerned permitting them to depart India, otherwise, the rigour of refusing issuance of passport would follow consequently”

Case Briefs Supreme Court

Supreme Court acquits husband in 498A IPC case, expresses concern over misuse of dowry and cruelty provisions

The term “cruelty” is subject to rather cruel misuse by the parties, and cannot be established simpliciter without specific instances, to say the least. The tendency of roping these sections, without mentioning any specific dates, time or incident, weakens the case of the prosecutions, and casts serious suspicion on the viability of the version of a Complainant.

Case Briefs High Courts

Allahabad High Court stays UP Government’s suspension order against DSP over alleged relationship outside marriage

Allahabad High Court directed the standing counsel to file a counter affidavit within four weeks. A rejoinder affidavit, if any, was permitted to be filed within two weeks thereafter.