Apoorva, Author at SCC Times

Requirement of minimum length of service before seeking transfer does not contravene U.P. Basic Education (Teachers) Service Rules: Allahabad High Court

Transfer is not stipulated to be claimed as a matter of right in institutions. The State/Board would thus be justified in laying down a uniform criteria/process for entertaining applications for transfer.

Case Briefs High Courts

Madras High Court directs Madras Bar Association to admit members without discriminating on caste, gender, religion, economic status, personal and political affiliations

The Lawyers being homogeneous class, further creating divisions on any criteria including economic status or otherwise will result in losing faith and ordinary Lawyers will get frustrated, resulting young and talented Lawyers leaving the profession. It is the primary duty of the Judicial Institutions to provide a conducive atmosphere for all the practicing Lawyers enabling them to have utmost trust in the Judicial System.

Case Briefs Supreme Court

Can assessee take total contract value and remit service tax on value as ‘works contract service’? Supreme Court answers

As the service tax needs to be computed in terms of Rule 2A of the Service Tax (Determination of Value) Rules, 2006 and as the assessee has not opted for the composition scheme, the matter is remitted back to the CESTAT for re-computation of the demands.

Case Briefs Supreme Court

Read Why SC deferred hearing ED’s plea against Madras HC order in Senthil Balaji’s Habeas Corpus petition

S Megala, wife of V. Senthil Balaji, who has been arrested by the Directorate of Enforcement in a money laundering case, filed a habeas corpus petition, wherein the Madras High Court agreed to an urgent hearing, leading to the present SLP by ED before the Supreme Court.

Case Briefs High Courts

Read why Madras High Court denied relief to Tamil writer Aarur Tamilnadan claiming ‘Enthiran’ movie infringing his story published in 1996

Madras High Court reiterates that copyright can be claimed only in respect of the manner of expression of an idea or concept.

Case Briefs High Courts

Allahabad High Court provides interim protection to a man accused of calling PM Modi ‘a virus who requires an urgent antidote’

Allahabad High Court gave three weeks to the respondents to file the counter affidavit and two weeks thereafter to the petitioner to file rejoinder affidavit.

Hot Off The Press News

West Bengal Panchayat Polls: Supreme Court upholds Calcutta HC order directing deployment of Central Forces

Supreme Court asked the State Election Commission that why it is concerned with the source of the forces, as its primary concern must be free and fair elections

Case Briefs High Courts

Inherent powers of High Court are well defined: Allahabad High Court refuses to quash case against man accused of posting Lord Hanuman’s disrespectable picture

Allahabad High Court reiterated that at the stage of taking cognizance, the Court should not get in the merits of the case, and at such stage, the Court’s power is limited.

Case Briefs High Courts

[Senthil Balaji Defamation case] Madras High Court directs YouTuber Savukku to pay Rs. 1 Lakhs to TNSLSA

Madras High Court directed Savukku to file an affidavit of undertaking, that in future he shall guard himself against violating any orders passed by any Court, or even make any comments which may impinge the majesty of the Courts.

Case Briefs High Courts

Madras High Court refuses to grant interim injunction against Savukku from making defamatory statements against Senthil Balaji

Considering the fact that Senthil Balaji is a public person, the YouTube videos and tweets only make various allegations against him in performance of his official duties. Further, most of the statements are already available in public domain.

High Court Round Up Legal RoundUp

HIGH COURT JUNE 2023 WEEKLY ROUNDUP| Stories on Jeeva murder case; Look out circulars; M3M India PMLA Case; Modi-Adani love affair remark case; Uttarakhand Communal Tensions and more

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

Case Briefs High Courts

Allahabad High Court refuses to quash FIR against Youth Congress leader over his ‘love affair’ remark against Modi and Adani

Allahabad High Court opined that the offence alleged in the impugned FIR would definitely fall within the ambit of Section 153-A and Section 505(2) of IPC which are cognizable offences. Thus, refused to quash the FIR against Secretary of UP Youth Congress, Sachin Chaudhary

Case Briefs High Courts

Read why Allahabad High Court refused to transfer investigation to CBI in Gangster Sanjeev Maheshwari Jeeva murder case

Allahabad High Court noted that Special Investigation Team has been vigorously and vigilantly conducting the investigation into the FIR and it has also been provided all the requisite paraphernalia needed for appropriate investigation of the crime.

Case Briefs Supreme Court

Explained | Supreme Court’s verdict on constitutionality of Section 327(7) of Companies Act vis-à-vis preferential payment of dues to workers after liquidation

The Supreme Court said that it cannot adopt a doctrinaire approach. Some sacrifices have to be always made for the greater good, and unless such sacrifices are prima facie apparent and ex facie harsh and unequitable as to classify as manifestly arbitrary, these would not be interfered with by the court. Thus, no priority can be given to workers’ dues after liquidation of the company under the IBC.

Hot Off The Press News

Madras High Court denies interim bail to Tamil Nadu Minister Senthil Balaji; Allows him shifting to Hospital for bypass surgery

The action came following the Supreme Court’s decision, wherein the Court allowed the appeals arising out of the order for de novo investigation and set aside the directions issued in the original petition for de novo investigation. Further, the Court allowed the ED to continue its investigation.

Case Briefs High Courts

Allahabad High Court puts interim stay on telecast of Al Jazeera documentary ‘India: Who lit the Fuse’

The apprehension expressed by the petitioner is that the telecast of film without adhering to the constitutional and statutory safeguards may result in injuring the public order and thereby the sovereignty and integrity of India

Case Briefs Supreme Court

Explained | Supreme Court’s verdict in Nycil Prickly Heat Powder case

Supreme Court said that the legislative intent was that all kinds of talcum powders, which contained medications irrespective of the proportion, or at any rate, not containing predominant proportions should necessarily be treated as cosmetics, falling under Entry 127.

Hot Off The Press News

[Cash for job scam] Wife of Tamil Nadu Minister Senthil Balaji filed Habeas Corpus petition before Madras High Court

Following the arrest, Senthil Balaji complained of chest pain and was taken to Government hospital for a medical checkup.

Case Briefs High Courts

Custody cannot be determined by weighing economic circumstances of parties; Allahabad High Court grants custody to father

The primary object of a Habeas Corpus petition, as applied to minor children, is to determine in whose custody the best interests of the child will probably be advanced.

Case Briefs District Court

Landlord cannot refuse to take over possession of suit property upon determination of lease on pretext of damage to the property; Patiala House Court reiterates

The landlord was offered the possession of the suit property which was refused by him on the pretext of damage to the suit property, whereas no evidence has been adduced by him about damage to the suit property except his bald statements.