Apoorva, Author at SCC Times

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.

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.

Case Briefs High Courts

Madras High Court sets aside Notification banning import of dogs for commercial activities as it lacks scientific study and due diligence

All steps must have been taken to protect and perpetrate original, native Indian breeds, but this cannot be achieved by placing an embargo on the import of foreign dogs for commercial purposes, ensuring, of course, that such commercial purposes are regulated and are ethical

Case Briefs High Courts

Read why Allahabad High Court directed Trial Court to provide legible copies as per S.207 CrPC to Congress MP Randeep Singh Surjewala

Allahabad High Court said that as the matter is very old, the Trial Court shall take into consideration the length of the litigation and shall proceed with the case in accordance with law in a time bound manner

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can revenue bring expenditure incurred in earlier years to be taxed in subsequent years? ITAT answers

After examining the expenses payable and the detailed order of the CIT,the ITAT held that the CIT has correctly examined the invoices, period and purpose for the expenses which have not been paid for the last six years

Case Briefs High Courts

Fatwa to kill Waseem Rizvi for renouncing Islam: Read why Allahabad High Court denied anticipatory bail to Maulana Syed

Allahabad High Court remarked that Maulana Syed claims himself to be an Islamic religious scholar and he has claimed that he had made the statements “In light of the provisions of Holy Quran and Islamic jurisprudence” and “In the light of Shia school of thought, philosophy & jurisprudence” but he has not referred to a single verse of the Holy Quran.

Case Briefs Supreme Court

Whether power of attorney, will, agreement to sell can be recognised as title documents conferring rights in any immovable property? Supreme Court answers

Supreme Court said that the entry of the appellant over part of the suit property is simply as a licencee of the respondent. He does not continue to occupy it in the capacity of the owner. Thus, the licence having been terminated, he has no right to remain in possession but to restore possession to the person having rightful possessory title over it.

Case Briefs High Courts

Mere possession of living cow does not amount to committing, abetting, or attempting an offence under U.P. Prevention of Cow Slaughter Act: Allahabad High Court grants bail

The principle that Bail is a rule and Jail is an exception has been well recognised by Supreme Court more specifically on the touch stone of Article 21 of the Constitution

Case Briefs High Courts

Can a father-in-law file a habeas Corpus petition seeking custody of Daughter- in- law? Allahabad High Court answers

Allahabad High Court said that the detenue is living with her parents, thus, it cannot be said that she is in illegal detention.

Case Briefs High Courts

Can a child in conflict with law file an application for anticipatory bail under S. 438 CrPC? Allahabad High Court answers

A child enjoys equal rights with other persons. Therefore, it would be in violation of all the principles and provisions to deny an opportunity to exercise the right of preferring an application under Section 438 CrPC.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIT was right in deleting addition made on account of low Gross Profit rate by AO without any justified reasoning: ITAT

It is a well-accepted principal of tax jurisprudence that the Assessing Officer cannot sit on the armchair of a businessman assessee to replace his business strategy by his own whims and fancies

Case Briefs High Courts

Even slightest penetration of male organ into female parts amounts to rape; Allahabad High Court reiterates

Allahabad High Court said that any statement of a rape victim is an extremely humiliating experience for a woman, and until she is a victim of sex crime, she would not blame anyone but the real culprit.