Apoorva, Author at SCC Times

Fact of consensual relationship should be taken into consideration while granting bail in POCSO cases: Allahabad HC

“POCSO was formulated to protect children under the age of 18 years from sexual exploitation. Nowadays often it has become a tool for their exploitation”

Case Briefs High Courts

[UP Revenue Code] Plaint cannot be rejected in an Injunction suit not seeking demarcation of boundaries: Allahabad HC

“Proceedings under Section 24 of the UP Revenue Code, 2006, are summary in nature while an injunction suit filed by the respondent is a regular suit.”

Case Briefs High Courts

Wife residing in Australia cannot initiate divorce proceedings in India upon a casual visit; Allahabad HC interprets the word ‘residing’ in S.19 HMA

“Considering the undisputed status of wife’s residency in Australia, the provisions of Section 19 of the Act would not come to her rescue.”

Case Briefs Supreme Court

Can acquittal in criminal proceedings entitle delinquent employee for automatic discharge in departmental proceedings? Supreme Court answers

“Departmental proceedings pending criminal trial would not warrant an automatic stay unless, a complicated question of law is involved. Also, acquittal in a criminal case ipso facto would not be tantamount to closure or culmination of proceedings in favour of a delinquent employee”

Case Briefs Supreme Court

Supreme Court upholds Allahabad HC order rejecting claims of armed forces veterans for recruitment on posts of Village Development Officers

“There is no concept of serving personnel being deemed Ex-Servicemen, and it is not proper to hold or interpret otherwise, as it would be unjust to many others similarly placed, who were not Ex-Servicemen as on the date of advertisement but came under the category later but did not apply at the relevant time”

Case Briefs High Courts

Allahabad HC upholds Trial Court’s interim order restraining a manufacturer from using ‘Musa Ka Gul Super’ Trade Mark

“The dissolution of partnership is one aspect and its effect on carrying on business by making different arrangements to defeat rights of a registered trade mark owner, is altogether a different thing”

Case Briefs High Courts

Read why Allahabad HC took suo motu cognizance of deficiencies in running child care institutions

Allahabad High Court directed the State Government to undertake an exercise for admission of the children in reputed schools in the vicinity of the homes.

Case Briefs High Courts

Madras HC directs Union Govt. and Nigerian embassy to pursue requests of two women claiming compensation from past 11 years, for husbands’ death in Nigeria

The remedy for the petitioners is only as against the Private Company by filing necessary applications at Nigeria. However, these poor widows cannot pursue the litigations in Nigeria and therefore, there is a responsibility cast upon the Ministry of External Affairs and the Ministry of Overseas Indian Affairs to take appropriate action through the Embassy to redress the grievance of these petitioners.

Case Briefs Supreme Court

Strong incriminating evidence required for application of Res Ipsa Loquitor doctrine; SC upholds NCDRC order denying medical negligence

“For applying the principles of Res Ipsa Locutor, it is necessary that a ‘Res’ is present to establish the allegation of negligence.”

Case Briefs High Courts

Scope of ‘Diagnostic’ processes in S. 3(i) of Patents Act is not limited to in vivo or specific diagnosis: Madras High Court

“The line of demarcation between diagnostic and non-diagnostic tests may not always be bright and could blur on occasion; even so, there is sufficient support both in the text and immediate context of the expression “diagnostic” in Section 3(i)”

Case Briefs Supreme Court

Inside Supreme Court verdict on the eradication of Manual Scavenging in India

“For ours is a battle not for wealth or for power. It is a battle for freedom. It is the battle of reclamation of human personality.”- Dr. B. R. Ambedkar

Case Briefs Supreme Court

Disclosures in criminal matter cannot unreasonably step over right to privacy: Supreme Court acquits woman accused of killing newborn

“Thrusting upon a woman the guilt of having killed a child without any proper evidence, simply because she was living alone in the village, thereby connecting with one another two unrelated aspects; reinforces the cultural stereotypes and gendered identities which the Court has explicitly warned against.”

Case Briefs High Courts

Can Hospitals refuse to perform transplants from non-related organ donors? Madras High Court answers

“The apprehensions and reluctance of the hospitals here to entertain organ transplantation between non-relatives is more due to inadequate awareness of the law on the topic. All it now requires is proper legal education on the subject for the physicians and the hospitals, and this Court expects the Govt. to take the lead in the matter.”

Case Briefs High Courts

‘Live-in relationships are timepass, temporary and fragile’: Allahabad High Court remarks

Allahabad High Court saysthat live —in relationships are more of infatuation against opposite sex without any sincerity.

Case Briefs High Courts

Executing Court having jurisdiction to execute award, can be any Court anywhere in the country, where decree can be executed: Allahabad HC reiterates

Allahabad High Court noted that the issue regarding the jurisdiction of the Executing Court was neither doubted nor was referred.

Case Briefs Supreme Court

SC cancels murder accused’s bail as witnesses turn hostile; Orders fresh cross-examination and witness protection

Supreme Court found the case fit for recalling the witnesses for further cross-examination but added that the power to recall witnesses under S.311 CrPC ought to be exercised sparingly and mere hostility by a witness, per se, would not be sufficient grounds to infer misuse of concession of bail.

Case Briefs High Courts

Allahabad HC directs Magistrate to conclude NI Act proceedings expeditiously without going into unnecessary technicality

Allahabad High Court noted that the Supreme Court has issued several directions to deal with the pendency of dishonor of cheque cases and for their expeditious disposal

Case Briefs Supreme Court

[Pre-Institution Mediation] Supreme Court rejects an ‘absolute and unfettered right’ interpretation of S. 12A of Commercial Court Act

Camouflage and guise to bypass the statutory mandate of pre-litigation mediation should be checked when deception and falsity is apparent or established.

Case Briefs Supreme Court

Supreme Court issues notice to Tamil Nadu and its DGP over allegations of biased investigations against AIADMK and DMK ministers

The PIL sought transfer of cases pending before investigating agencies to any other independent agencies or CBI.

Case Briefs High Courts

Read why Madras HC directed State to reconsider the screening time of Vijay starrer movie ‘Leo’

Madras High Court directed the State to reconsider the request of Producer to screen five shows of the film a day, in theatres, between 7:00 am and 1:30 am