Apoorva, Author at SCC Times

Read why Allahabad High Court granted bail to two Christian persons accused of Mass conversion of SCs & STs

Allahabad High Court noted that there does not appear to be any material to show that accused persons had used any undue influence or allurement to the villagers for mass conversion.

Case Briefs Supreme Court

What is the ambit of “Commercial Purpose” defined under Consumer Protection Act?: Supreme Court answers

Supreme Court, while going by the ordinary meaning of ‘commercial purpose’, said that ‘Commercial’ denotes “pertaining to commerce”. However, the Explanation clarifies that even purchases in certain situations for ‘commercial purposes’ would not take within its sweep the purchaser out of the definition of expression ‘consumer’

Case Briefs High Courts

Arbitrator’s fees to be treated as preferential payments even where CIRP proceedings are pending before NCLT: Madras High Court

Madras High Court said that if the Arbitrators are not paid their fees / costs on account of the moratorium order, the object of arbitration will get defeated, as competent Arbitrators will hesitate to become Arbitrators in a dispute involving Companies facing financial crisis.

Case Briefs High Courts

Purpose of cases is not to provide livelihood for lawyers or monthly disposal quota to Judges; Allahabad HC condemns lawyers’ strike

Allahabad High Court said that considering the ongoing strike of lawyers for the last several days, despite positive intervention made by this Court, simply passing over this case would add burden to this Court, and it would not be possible to cope up with the situation as the list of fresh cases is getting lengthy day-by-day.

Case Briefs Supreme Court

Explained| Supreme Court verdict on requirement of public declaration for soleminisation of self-respect and secular marriages

Supreme Court said that while acting as counsel or advocates or in their capacity as advocates, the advocates cannot undertake or volunteer to solemnize marriages. However, in their capacity as friends or relatives of the intending spouses, their role as witnesses cannot be ruled out.

Case Briefs Supreme Court

Duty of police to produce imprisoned accused before Court; accused cannot be blamed for negligence by police: Supreme Court

Supreme Court noted that the bail application was rejected as the accused did not appear before the Trial Court.

Case Briefs High Courts

[Inter-religion Live-in relationship] Parents cannot interfere in right to freedom of choosing a partner: Allahabad High Court

Allahabad High Court said that in case any disturbance is caused in the peaceful living of the petitioners, the petitioners shall approach the Superintendent of Police with a copy of this order, who shall provide immediate protection to the petitioners.

Case Briefs High Courts

[Hapur lathi charge incident] Allahabad HC forms Judicial Committee to look into UP Bar Council’s grievances

Allahabad High Court also directed SIT, already constituted by the State Government to intimate about the action taken on the first information reports lodged by lawyers in respect of the incident, while submitting its interim report.

High Court Round Up Legal RoundUp

HIGH COURT SEPTEMBER 2023 WEEKLY ROUNDUP| Stories on Teacher-Recruitment scam; Omar Abdullah; Senthil Balaji; Live-in Relationships; and more

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

Case Briefs Supreme Court

No absolute or unfettered discretion on the part of Liquidator to cancel auction which is otherwise valid: Supreme Court

Supreme Court said that the mere expectation of the Liquidator that a still higher price may be obtained can be no good ground to cancel an otherwise valid auction and go for another round of auction.

Case Briefs High Courts

Large scale exploitation of political power by politicians, especially in land grabbing matters: Madras HC asks landlord to file a memo of calculation of arrears

“Politicians play an influential role in the life of a common man. The words and actions of a politician has an impact on his followers, party men and public at large. It is imperative that this power is not to be misused for illegal and personal gains”

Case Briefs Supreme Court

No bar on seeking restoration of appeal if assessee is unsuccessful in availing benefit under Amnesty Scheme: Supreme Court

Supreme Court said that, since the appeal is a statutory remedy, the appellant had availed it and withdrawn the same, only as a pre-condition for availing the benefit under the Amnesty Scheme.

Case Briefs Supreme Court

Supreme Court upholds NCDRC order denying compensation to complainant who failed to establish Engerix-B vaccine as cause for his ‘myositis’

Supreme Court said that the burden was on the appellant more particularly in a circumstance when all the family members had got administered the same vaccination from the same source and the appellant himself did not undergo any difficulty when the first two doses were administered.

Case Briefs High Courts

Madras High Court asks Chief Minister MK Stalin to decide about continuance of Senthil Balaji as a Minister

Madras High Court remarked that Senthil Balaji’s continuation in the cabinet without portfolio will serve no purpose and do not augur well with the Principles of Constitutional ethos on goodness, good governance and purity in administration.

Case Briefs Supreme Court

Supreme Court sets aside Patna HC order giving death penalty to a man for raping and murdering a 10-year-old girl

“Truth is the soul of justice. The sole idea of the criminal justice system is to see that justice is done. Justice will be said to be done when no innocent person is punished, and the guilty person is not allowed to go scot free.”

Case Briefs High Courts

Madras HC directs Principal Sessions Court to hear V Senthil Balaji’s bail plea in money laundering case; Set aside transfer of case to MP/MLA Court

“Since the territorial jurisdiction of the present case is in Chennai only, therefore Chennai being one of the jurisdictional area under the notification issued by the Central Government, which comes under the jurisdiction of the PDSJ, Chennai, naturally the said case has to be tried in the said Court”

Hot Off The Press News

ASCI Guidelines on deceptive design patterns in digital media advertisements to be applicable from 01-09-2023

As ASCI’s ambit is limited to self-regulation of advertising content, these guidelines cover only advertising in digital media including e-commerce, airline, food delivery etc.

Case Briefs High Courts

Allahabad HC directs Chief Secretary to issue circular to State Departments to expeditiously complete all formalities for releasing post retiral dues

“The respondents being “State” under Article 12 of the Constitution of India, its officers are public functionaries. Under our Constitution, sovereignty vests in the people. Every limb of constitutional machinery, therefore, is obliged to be people oriented. Public authorities acting in violation of constitutional or statutory provisions oppressively are accountable for their behavior”

Case Briefs Supreme Court

Accused cannot seek anticipatory bail without successfully assailing order declaring him a proclaimed offender: Supreme Court

There was a declaration of the accused as a proclaimed offender, and such declaration was subsisting on the date of the impugned order, thus, the Supreme Court disagreed with the High Court that the accused was entitled to ‘reform and course correct’.

Case Briefs High Courts

Decoding Allahabad HC verdict on right to eviction under Maintenance & Welfare of Parents and Senior Citizen Act

The DM as an appellate authority can ensure that no one should make any hindrance to a senior citizen to enjoy the property as per his ‘need’, and the right to eviction is the last step.