Apoorva, Author at SCC Times

Kerala HC awards Rs. 53 Lakhs to woman rendered disabled in 19-year-old childhood road accident case; says “human suffering can’t be measured in money”

“The appellant was a first standard student at the time of the accident. Due to the injuries sustained, she was unable to continue her education. As a result, she was deprived of the opportunity to experience the normal joys of childhood, adolescence, and youth. In fact, she remained confined to a small room, completely dependent on others, through no fault of her own.”

New releases News

Upcoming Panel Discussion in London on “Arbitrators, Fraud Concerns, and the Courts” in Collaboration with the Center for International Legal Studies

Due to the nature of the topic and the distinguished panel of speakers, attendance is limited to invited guests and confirmed delegates.

Case Briefs High Courts

Allahabad High Court expresses surprise at illegal constructions by Waqf Madarsa on NHAI land; Upholds demolition notices issued by NHAI

“It is a classic case where the land of NHAI has been encroached upon by the petitioner and Madarsa along with Masjid and certain other constructions have been raised and the property is being claimed to be a ‘waqf’.”

Case Briefs Supreme Court

Supreme Court orders Assam Human Rights Commission to probe alleged fake police encounters in Assam; Sets aside Gauhati HC Judgment, orders legal aid for victims

“The instant matter arises from a series of encounters reported in the State of Assam, the authenticity of which has been called into question on various counts. At the heart of these proceedings lie concerns that straddle the delicate boundary between the imperatives of law enforcement and the inviolable guarantees of life and personal liberty enshrined in our Constitution”.

Case Briefs High Courts

Allahabad High Court| Delayed amendment after a decade in divorce proceedings impermissible when facts known at outset

“For the last 10 years the husband was silent over the matter and when the proceedings were at final stage, he moved the amendment application, which is against the spirit of the provisions of Order VI Rule 17 of CPC.”

Vijay Shah arrest Colonel Sofiya Qureshi case

Hot Off The Press News

Supreme Court extends stay on Minister Vijay Shah’s arrest over remarks against Colonel Sofiya Qureshi; Ends proceedings before MP High Court

Vijay Shah is an Indian politician affiliated with the Bharatiya Janata Party. He serves as a Cabinet Minister in the Government of Madhya Pradesh, holding portfolios including Tribal Affairs, Public Asset Management, and Bhopal Gas Tragedy Relief and Rehabilitation.

Case Briefs Supreme Court

SCBA Elections | Supreme Court finds no foul play in Presidential polls; Directs recount for 9 junior executive posts

“The Secretary General of this Court is directed to deploy adequate Supreme Court Staff to assist the Election Committee for the recounting.”

Case Briefs High Courts

Madras High Court sets aside suspension of TASMAC employees who exposed internal corruption in media

“The available materials show that there is something wrong in the department. TASMAC is run by the government in order to prevent casualties on account of illicit arrack and it should not allow any corruption in the department. The department has to realise its mistake.”

Air Force School Article 12 Supreme Court

Case Briefs Supreme Court

Air Force School not a ‘State’ or ‘Authority’ under Article 12 of the Constitution: Supreme Court by 2:1 Majority

“It is not shown how the IAF headquarters has any control over the management of the said school. Although some funds may have originated from the Army Welfare Society, it cannot be said that the State or the IAF has any control, let alone all-pervasive control, over the school. Moreover, the said Society is not governed by any statutory rules.”

teacher appointment West Bengal Municipal Act

Case Briefs Supreme Court

Supreme Court upholds Calcutta HC Judgment appointing teacher with age relaxation for Municipal School under West Bengal Municipal Act, 1993

The West Bengal Municipal Act, 1993 was enacted in order to consolidate the laws relating to urban Municipal Affairs in West Bengal. The West Bengal Municipal Employees’ (Recruitment) Rules, 2005 was introduced by the State Government in exercise of powers conferred under Section 417 read with Section 54(4) of the West Bengal Municipal Act, 1993

Case Briefs Supreme Court

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.

Hot Off The Press News

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”