Apoorva, Author at SCC Times

Employees of Orissa Khadi and Village Industries Board not entitled to pension on a par with Government employees; Supreme Court sets aside Orissa HC judgment

Supreme Court said that even if development of Khadi and Cottage Industry is a Directive Principle of State Policy, it does not follow as a corollary that if the State establishes a Board or any organisation to carry out the obligations under such DPSP, it cannot make separate arrangements as regards the service conditions of the employees of such a Board or organisation.

Case Briefs Tribunals/Commissions/Regulatory Bodies

RPC fee paid by Formula One not liable to be disallowed; Second proviso to S. 40(a)(i) be given retrospective effect: ITAT

ITAT held that the second proviso to Clause (i) of Section 40(a) just like second proviso to clause (ia) of Section 40(a) was inserted to remove an anomaly and were therefore curative and declaratory in nature. Hence, it had to be given retrospective effect.

Case Briefs High Courts

Madras High Court imposes cost of Rs.10,000 on RDO for arbitrary refusal of Kattunayakan Community Certificate to applicant’s son and daughter

Madras High Court quashed the rejection order dated 08-11-2022 passed by the RDO with respect to the petitioner’s applications and remitted back the matters to the RDO for passing fresh orders

Case Briefs Tribunals/Commissions/Regulatory Bodies

Payment received by assessee from foreign company for business support services cannot be treated as FTS under Art. 12 (5) of India Netherlands DTAA: ITAT reiterates

ITAT noted that an identical issue was subject matter of consideration of the Tribunal in assessee’s own case, hence following the precedent, the Tribunal directed that the payment received in this case cannot be treated as FTS under Article 12 (5) of India Netherlands DTAA.

Case Briefs Supreme Court

NGT can direct Pollution Board to exercise its powers under Section 5 of Environment (Protection) Act: Supreme Court

Supreme Court held that it is not necessary to make obtaining of CTE and CTO mandatory and directed the CPCB to ensure that its guidelines are scrupulously followed and once the guidelines are scrupulously adhered to, no direction to obtain CTE and CTO for starting/operating a petroleum outlet is warranted.

Case Briefs Supreme Court

Land Acquisition| In public purpose schemes, Authority should be given the time allotted to it by the Statute for doing certain things: Supreme Court

Supreme Court held that Madhya Pradesh High Court was not justified in quashing the entire Scheme providing for other connected land use, on the ground that the same has lapsed under Section 54 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973.

Case Briefs Supreme Court

Desirable if High Courts maintain a hands-off approach and not quash FIRs in corruption cases at the stage of investigation: Supreme Court

Supreme court said that if criminal prosecution is based upon adequate evidence and the same is otherwise justifiable, it does not become vitiated on account of significant political overtones and mala fide motives

Case Briefs Supreme Court

“Upon receipt of three show cause notices, allottee showed no urgency in taking steps to set up the industrial unit”, Supreme Court upholds NCDRC order

Supreme Court directed HSIDC to refund the sum of ₹ 1,66,425/- with interest at 6% p.a. from 18-09-1998 till date to the allottee.

Case Briefs High Courts

Central Government may take appropriate decision to ban cow slaughtering in India and declare cows as ‘protected national animal’: Allahabad High Court

Allahabad High Court said that anyone who kills cows or allows others to kill them is deemed to rot in hell as many years as there are hairs upon his body.

Case Briefs Supreme Court

Mass Religious Conversion case: Supreme Court stays arrest of SHUATS Vice chancellor and Director

Supreme Court has put a stay on the arrest of VC of Sam Higginbottom University of Agriculture, Technology and Sciences Dr. Rajendra Bihari Lal and Institute’s Director Vinod Bihari Lal in connection with a mass religious conversion case.

Case Briefs High Courts

[Mass Religious Conversion Case] Not only period of punishment, but nature of offence should also be taken into consideration while granting anticipatory bail: Allahabad High Court

Allahabad High Court said that it cannot close its eyes to the fact that the material evidence has been collected regarding mass conversion of persons and this case has taken a far more serious turn where the victims are coming forward to give evidence, thus, in case anticipatory bail is granted, same would hamper process of investigation.

Case Briefs Supreme Court

Whether a constable can be reinstated in the Police force on his acquittal in the criminal case? Supreme Court answers

Supreme Court reiterates that mere acquittal does not entitle an employee to reinstatement in service. The acquittal must be honourable.

Case Briefs District Court

“Prosecution has miserably failed to prove ‘misappropriation’ by the accused”; Saket Court acquits accused in economic offences case

In a case pertaining to Criminal breach of trust, cheating, forgery, and falsification of accounts, the Saket District Court acquits the accused, as the prosecution failed to establish the ingredients of the offences beyond reasonable doubt.

Case Briefs Supreme Court

Supreme Court grants anticipatory bail to accused without imposing any condition of deposit of revenue loss

Supreme Court said that there is no reason to deviate from the view taken in the previous decisions of this Court, thus granted anticipatory bail to the accused without imposing any condition as suggested by Additional Solicitor General

High Court Round Up Legal RoundUp

HIGH COURT FEBRUARY 2023 ROUNDUP| 100+ Stories on Agnipath Scheme; Google LLC’s download warning; Medical Negligence; Money laundering; Reservation; and more

A quick legal roundup to cover important stories from all High Courts in February 2023

Case Briefs High Courts

“Student had obtained a seat in JIPMER, Puducherry surreptitiously and based on a false declaration”; Madras HC directs authorities to take necessary action

Madras High Court without cancelling the seat of the student, directed the respondents to take necessary action based on the declaration that the student had obtained a seat through a false declaration.

Case Briefs High Courts

Madras HC cracks down on school for denial of admission to child diagnosed with Autism Spectrum Disorder

Madras High Court found the refusal for admission to child suffering from mild autism spectrum disorder to be distressing and violating the child’s fundamental right to education.

Hot Off The Press News

Supreme Court’s Constitution bench directs appointment of CEC and EC on advise of the committee consisting of the PM, leader of opposition and the CJI

Supreme Court directs appointment of Chief Election Commissioner and Election Commissioners on advise of the committee consisting of the Prime Minister, leader of opposition and the Chief Justice of India

Case Briefs Supreme Court

Explained| Supreme Court’s power under Section 406 CrPC to transfer Section 138 NI Act cases and effect of non-obstante clause under Section 142(1) NI Act

Supreme Court said that as four of the six cases have been filed by the respondent company before the Dwarka Courts at New Delhi and only two such cases are pending before the Courts at Nagpur, it would be convenient and in the interest of all concerned, that the cases be transferred to the Dwarka Courts at New Delhi.

Case Briefs High Courts

Madras High Court sets aside 2012 sexual harassment case against Aurobindo Ashram Trust

In 2012, Pondicherry District Collector had initiated inquiry against the Aurobindo Ashram Trust following allegations of sexual harassment, suicide of inmates and serious malpractices in the functioning of the school run by the Ashram, made by an inmate, Vishnu Lalit Singh, and a then MLA Ashok Anand.