Apoorva, Author at SCC Times

Police must serve Section 35 BNSS notices physically; WhatsApp and other electronic modes not valid: Supreme Court

“Section 35 of the BNSS, 2023 provides for arrest of persons by the Investigating Agency, ensuring that the person concerned appears before the Investigating Agency and cooperates with the investigation. The provision delineates the prerequisites that must be fulfilled before a person can be arrested without a warrant, keeping in mind the laudable objective of safeguarding the liberty of an individual.”

Case Briefs High Courts

‘Apprehension of possible tampering not a valid reason to refuse forensic examination’; Madras HC allows forensic analysis of pen drive & video recording in corruption case

“The accused is entitled to a fair opportunity to disprove the allegations against him. Denial of access to forensic comparison in the face of specific electronic material forming part of defence evidence amounts to curtailment of such a right.”

complaint can be amended after cognizance

Case Briefs Supreme Court

‘Amendments to complaints permissible after cognizance if no prejudice is caused to accused’; Supreme Court allows amendment in S.138 NI Act complaint

“Procedure, it is said, is only a handmaiden and not a mistress of justice. However, the said adage has been followed only in the breach in this case. A simple issue of an amendment to a complaint has held up a trial under Section 138 of the Negotiable Instruments Act, 1881 for the last nearly two years.”

Case Briefs High Courts

‘Rather than viewing judicial criticism defensively, State embraced institutional reform’; Madras HC closes contempt case over non-implementation of TNPID Act

“What began as a matter of judicial concern has now evolved into a framework that promises tangible relief to affected depositors. This development, though long overdue, marks the beginning of the larger remedial process.”

Case Briefs High Courts

‘Private hospitals treat patients as guinea pig/ATM machines’; Allahabad HC refuses to quash summons in medical negligence case

“This is a case of pure misadventure where the doctor has admitted the patient and after taking go ahead for operation from the patient’s family members, did not perform the operation in time as he was not having the requisite doctor (i.e. anaesthetist) to perform the surgery.”

Maintenance Tribunals cannot resolve property disputes

Case Briefs High Courts

Senior Citizens Act, 2007 | Maintenance Tribunals can’t resolve property disputes; Civil Courts hold jurisdiction: Allahabad HC

“The present being a case where the grievance sought to be raised by the petitioner is regarding alleged obstruction by his neighbour in the construction of a gate on the petitioner’s property, the same in our view would not come within the purview of provisions of the Senior Citizens Act 2007.”

Case Briefs Supreme Court

Petrol Pump NOC Case | Supreme Court imposes Rs 50,000 cost for non-disclosure of parallel proceedings before NGT and High Court

“Access to justice is inextricably connected to maintaining integrity in the process of invocation and conduct of remedial proceedings before Courts and Tribunals.”

Case Briefs High Courts

Kerala HC denies anticipatory bail to man accused of leaking Class 10 paper on YouTube channel

Considering the seriousness of the allegations against the accused, the Court viewed that custodial interrogation was necessary.

Shreyas Talpade multi-crore chit fund scam

Case Briefs Supreme Court

Multi Crore Chit Fund Scam Case | Read why Supreme Court granted interim relief from arrest to actor Shreyas Talpade

In this case, Shreyas Talpade was linked to an alleged financial scam involving a Haryana-based cooperative society, which was accused of defrauding investors.

Case Briefs Supreme Court

Supreme Court issues notice in dispute over transfer of Ratanshi Premji Charitable trust lands to Fenkin Infotech; Stays Bombay HC order

A Single-Judge Bench of the High Court quashed the sale, pointing out multiple deficiencies in the valuation report issued by the commissioner.

Case Briefs Supreme Court

‘State bears constitutional and moral obligation to uphold rights of disabled prisoners’; SC issues directions for improved accessibility and care

“We make it clear that these directions are issued in the larger public interest to uphold the dignity, and healthcare rights of prisoners with disabilities in all custodial settings. The obligations herein are rooted in India’s constitutional guarantees, statutory mandates, and international human rights commitments.”

Case Briefs High Courts

‘Investigation reveals accused’s active role and link to proceeds of crime’: Kerala HC denies bail in Chinese Loan App Money Laundering Case

“The investigation conducted so far revealed that mule accounts were opened within Kerala with the assistance of persons including the accused.”

Case Briefs High Courts

Madras HC sets aside seizure order for non-compliance with S. 115(4) of Trade Marks Act; Orders interim release of 1,350 rice bags

“Section 115(4) of the Trade Marks Act, 1999 mandates the police to obtain the Registrar’s opinion before conducting a seizure under the Trade Marks Act. However, there was no record evidencing such mandatory consultation. The failure to comply with this statutory requirement vitiated the seizure proceedings and amounted to a jurisdictional error.”

Case Briefs Supreme Court

‘Review of a review not permissible’; Supreme Court upholds Calcutta HC judgment on finality of Review Medical Board’s decision in BSF recruitment

The respondents submitted that the action of the Petitioners in conducting another Review Medical Examination is clearly illegal, ultra vires, and without authority, and therefore deserves to be set aside in its entirety.

Case Briefs Supreme Court

Supreme Court stays ‘pay minus pension’ rule for ex-defence faculty recruited by AIIMS Jodhpur

Pay Minus Pension is a salary fixation method applied to retired government employees who are re-employed or appointed to new government positions after retirement. Under this rule, the employee’s monthly salary is adjusted by deducting the amount of pension they receive from their gross pay in the new job. Essentially, the employee is paid the difference between their new pay scale and the pension amount, preventing them from drawing a full pension and full salary simultaneously.

Case Briefs High Courts

Kerala High Court: Litigants have no right to dictate which Judge should or should not hear their case

“The roster is prepared by the Chief Justice. The Judge, who is hearing the case, can decide to avoid the case if necessary. But a litigant cannot dictate to the Court to avoid his case by a Judge who is allotted the jurisdiction by the Chief Justice as per the roster. If such a practice is started, the litigants can pick and choose the judge who has to hear their case.”

Case Briefs High Courts

Allahabad HC grants interim protection from arrest to RCB Cricketer Yash Dayal in Sexual exploitation case

“At this stage, it is difficult to ascertain whether there was any promise of marriage or if there was any such promise; it was a false one from the very beginning with an intention to obtain sexual consent. Matter requires consideration.”

Case Briefs Supreme Court

Privacy vs. Evidence: Supreme Court allows secretly recorded spousal conversations as admissible evidence in matrimonial disputes

“Spousal communications were deemed privileged under Section 122 of Evidence Act for the purpose of protecting the sanctity of the marital relationship, and not for safeguarding individual privacy rights.”

Case Briefs High Courts

Kerala HC grants 15-day parole to life convict for wedding; Acknowledges bride’s brave commitment

“Here is a case where a brave and loving girl wants to marry the son of the petitioner, who is undergoing life imprisonment at High Security Prison, Viyyur.”

bail to man accused of raping wife before marriage

Case Briefs High Courts

‘Circumstances indicate attempt to convert consensual relationship into rape’; Kerala HC grants anticipatory bail to man accused of raping wife before their marriage

“When attempts are made to compel the parties to yield to their demands in a matrimonial dispute, recourse to criminal proceedings would defeat the interest of justice, especially if custodial interrogation is permitted. Hence, I am satisfied that this is a fit case where accused ought to be granted pre-arrest bail.”