Apoorva, Author at SCC Times

Whether writ proceedings are maintainable against oil companies for eviction and compensation in view of BPCL case? Supreme Court to decide

“The Single judge directed IOCL to deliver peaceful vacant possession of the premises to the appellants upon removal of the structures therein. Further, directed it to pay arrears of market rent to the appellants in respect of the plot from 1-07-1995 till the date of delivery of possession in favour of the appellants”

Case Briefs High Courts

Madras HC directs IRDAI to place AYUSH treatment on a par with allopathic treatment; Asks it to direct insurance companies to reimburse insurance amount on equal scales

“Traditional treatment must also be encouraged, and it must get the same weightage as is given to allopathic treatment”

Case Briefs Supreme Court

Explained| Supreme Court verdict upholding constitutional validity of provisions relating to Personal Guarantors in IBC

“The principle aims of IBC are to promote investment, and resolution of insolvencies of corporate persons, firms, and individuals in a time bound manner. The IBC consolidated and amended a web of laws which had led to an ineffective and inefficient mechanism for resolution of insolvencies marked with significant delay”

Case Briefs High Courts

‘Not a case which would fall under the ‘rarest of rare’ category’: Madras HC commutes death sentence of father who raped his daughter

“Merely because a crime is heinous per se may not be a sufficient reason for the imposition of the death penalty without considering the mitigating factors and other circumstance”

Case Briefs High Courts

If small disputes in marriage are recognised as cruelty, many marriages may be at risk of being dissolved without any real cruelty: Allahabad HC grants decree of judicial separation

“In absence of any proceedings for restitution of conjugal rights by either party, the court below ought to have granted a decree for judicial separation by way of alternative relief”

Hot Off The Press News

Supreme Court upholds Union Government’s power to appoint GNCTD Chief Secretary; Allows Centre to extend the term of Naresh Kumar

Supreme Court clarified that the analysis in the present case is confined to a prima facie evaluation, without entering into issues pending adjudication before the Constitution Bench

Case Briefs High Courts

Decoding Madras HC verdict in PG Medical Seat Scam which denied admission to 28 students selected on merit by CENTAC

Medical profession deals with life of people and any compromise on merit would have a delirious effect

Case Briefs High Courts

Can scheme for compassionate appointments adopted by Regional Rural Banks operate retrospectively? Allahabad HC refers to Larger Bench

“Compassionate appointment is never a part of service condition of any employee or a vested right”

High Court Round Up Legal RoundUp

HIGH COURT NOVEMBER 2023 WEEKLY ROUNDUP| Stories on Sidhu Moose Wala; Radhasoami Satsang Sabha; World Trade Centre and more

A quick legal roundup to cover important stories from all High Courts this week.

Case Briefs High Courts

Women cannot be presumed to have disowned their residential rights at parental home after marriage: Madras High Court

“A choice and will of a woman to exercise residential choice at her natal home should not be viewed through patriarchal prism to deny her the residential status there”

Case Briefs High Courts

Allahabad HC quashes demolition orders against Radhasoami Satsang Sabha on violation of principles of natural justice

“Natural justice is an important concept in administrative law. It is not possible to define precisely and scientifically the expression Natural Justice. The principle of natural justice or fundamental rules of procedure of administrative action, are neither fixed nor prescribed in any code”

Case Briefs Supreme Court

[RSS Route March] Supreme Court directs TN Government to submit proposal before Madras HC on allowing future route marches without Court’s intervention

Tamil Nadu Government had agreed before Supreme Court that it would allow RSS to hold marches in various districts across the state. Accordingly, the Court asked RSS to submit the proposed routes to the State within 3 days and the State to take a decision on the routes by 15-11-2023

Case Briefs Supreme Court

High Courts or Sessions Courts can grant transit anticipatory bail in FIRs registered outside their jurisdiction, subject to conditions: SC

Since anticipatory bail as well as transit anticipatory bail are intrinsically linked to personal liberty under Article 21 of Constitution, it would be necessary to give a constitutional imprimatur to the evolving provision of transit anticipatory bail.

Case Briefs High Courts

Revenue Courts cannot pass order by using rubber stamp seal: Allahabad HC directs Board of Revenue to apprise Courts, the way order sheet should be drawn

Allahabad High Court had cleared that it has not examined the case of either of the parties on merits and the Authority/Court concerned shall be free to decide the matter strictly in accordance with law.

Hot Off The Press News

[Transit anticipatory bail] High Courts, Sessions Courts can grant pre-arrest bail, even if FIR is registered in different State: Supreme Court

Supreme Court warned against forum shopping and clarified that accused cannot travel to any other State, solely for filing bail pleas without clear reasons.

Case Briefs High Courts

Explained | Allahabad HC permitted Amity University student to give MBA exam who was initially denied taking exam due to inadequate attendance

The matter was expedited, with the Chief Justice personally hearing the case at his residence on the same day.

Case Briefs High Courts

Explained| Madras HC verdict on Single Judge order which directed Madras Bar Association to pay Rs. 5 lakh compensation for discriminating against non-member

“Lawyers, as a whole, belong to a separate homogenous group called ‘Gentlemen’. However, it is unfortunate that the said homogeneous community is trying to use this Court to create a casteist atmosphere which is highly deprecated”

Case Briefs Supreme Court

Explained| Supreme Court’s verdict on importance of interpreting commercial contracts in line with the original intent of parties involved

Supreme Court said that a deviation from the plain terms of the contract is warranted only when it serves business efficacy better

High Court Round Up Legal RoundUp

HIGH COURT NOVEMBER 2023 WEEKLY ROUNDUP| Stories on Maternity leave to surrogate mother; 1999 rape & murder case; TN Online Gaming Act; and more

A quick legal roundup to cover important stories from all High Courts this week.

Case Briefs Supreme Court

UP-VAT Act entitles assessee to claim full input tax credit on exempted goods produced as by-products during manufacturing of taxable goods: Supreme Court

The Explanation (iii) to Section 13, forbids the Assessing Authority as well as the assessee from raising any dispute regarding the allowability of the ITC in cases where exempted goods are being produced as a by-product or waste product during the process of manufacture