Apoorva, Author at SCC Times

Madras HC directs State to grant temporary leave to undertrial prisoners to attend relative’s funeral without requiring interim bail from Court

“The right of a prisoner, whether convicted or under trial makes no difference to temporary leave of absence to attend burial/funeral of a close relative is rooted in the principle of humane treatment and the inherent dignity as a human being. This right does not differentiate between the two categories of prisoners.”

Case Briefs High Courts

Can serious POCSO offences be quashed on settlement between parties? Kerala High Court answers

“Each case will have to be addressed in the peculiar facts obtaining therein, and there cannot be an en bloc conclusion that the quashment is wholly impermissible in cases involving POCSO offences.”

Acquittal of man accused of burning family alive

Case Briefs Supreme Court

Supreme Court upholds acquittal of man accused of burning wife and three daughters alive in 17 year old case

“When an appeal against conviction is preferred before the High Court, at the earliest stage, the High Court must examine whether there is a proper statement of the accused recorded under Section 313 of CrPC (Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023).”

Case Briefs Supreme Court

Supreme Court invokes Article 142 to restore original sentence and order release after convict serves excess term in POCSO case

The original judgment of the Special Court convicted and imposed a sentence of rigorous imprisonment for seven years on the convict. However, the convict had already undergone eleven years of actual sentence.

Case Briefs High Courts

Madras HC clears attachment on late actor Sivaji Ganesan’s property amid arbitral award execution against grandson

If the intention of the legislature had been to require the recording of oral evidence for adjudicating every application filed under Order 21, Rule 58 CPC, such a requirement would have been explicitly stipulated within the provision itself.

Case Briefs Supreme Court

Decision rendered by Apex Court, at SLP stage or post grant of leave cannot be assailed directly or collaterally under Article 32: Supreme Court affirms

“Finality of a lis is a core facet of a sound judicial system. Litigation which had concluded or had reached finality cannot be reopened. If this is permitted, then there will be no finality and no end to litigation. There will be chaos in the administration of justice.”

Case Briefs High Courts

‘Prolonged pre-trial detention is anathema to Constitution, besides being in violation of human rights’; Madras HC grants bail to former DMK member Jaffer Sadiq in PMLA case

“Needless to say, that if the accused persons are found influencing any witness, it is always open to the prosecution to seek cancellation of bail and as on date, there is no complaint of any tampering or attempt to influence witnesses.”

Case Briefs Supreme Court

“Findings in NI Act proceedings bind parties in subsequent cases involving same issue”; Supreme Court affirms applicability of res judicata in criminal matters

The Court noted that the applicability of the principle of res judicata in criminal proceedings has been examined in several of its earlier decisions, which present divergent views.

Case Briefs High Courts

Mere liking of a post does not attract penalty under S. 67 of IT Act or constitute a criminal offence: Allahabad High Court

“Even otherwise Section 67 of the IT Act is for obscene material and not for provocative material. The words “lascivious or appeals to the prurient interest” mean relating to sexual interest and desire, therefore, Section 67 IT Act does not prescribe any punishment for other provocative material.”

Case Briefs High Courts

Madras HC expresses concern over criminal behavior among students of prestigious institutions; Recommends formation of special committee to address behavioral issues

“It is disheartening that students of such prestigious institutions have recently been involved in criminal behavior, tarnishing their reputations and jeopardizing their futures.”

Case Briefs Supreme Court

Are Ex-Military Nursing Service officers considered “ex-servicemen” for State reservation and employment? Supreme Court answers

“Effective resettlement of ex-servicemen is necessary to keep the morale of the serving members of the defence forces. If the resettlement of veterans is neglected, the talented youth of the nation may not be motivated to join armed forces.”

Case Briefs High Courts

‘Employee not at fault for service interruption; entitled to all service benefits’; Madras HC directs authorities to grant retirement benefits to former Village Administrative Officer

“The respondents cannot take a stand that since the petitioner did not serve during the period, on the percept of ‘no work no pay’ his pay was fixed notionally to enable him to get pensionary benefits. The said contention of the respondents is untenable and unsustainable in the eye of law.”

Case Briefs High Courts

Allahabad High Court grants bail to a man accused of manufacturing synthetic milk and paneer from harmful chemicals for over two decades

The main accused, Ajay Agrawal, a businessman from Bulandshahr, Uttar Pradesh, and owner of Agarwal Traders, also has been arrested for adulterating dairy products.

Case Briefs High Courts

Any marriage solemnized in Arya Samaj Mandir as per Vedic procedure is valid marriage under Hindu Marriage Act: Allahabad HC

“In Arya Samaj Mandir, marriage is conducted as per the vedic procedure, which includes Hindu customs and rites like Kanyadan, Panigrahan, Saptapadi and chanting of Mantras while applying vermilion.”

Case Briefs Supreme Court

Supreme Court upholds consumers’ right to peaceful protest; Quashes defamation complaint filed by developer against homebuyers

“Homebuyers and developers have not always been the best of friends. Instances are innumerable where the two have been at daggers drawn. This case presents one such instance”

Case Briefs High Courts

Runaway couples must learn to face society, cannot claim security as a matter of course or right: Allahabad High Court

“In a deserving case, the Court can provide security to the couple but cannot lend them the support they have sought. They have to learn to support each other and face society.”

Case Briefs Supreme Court

Supreme Court resolves complexities of Section 15(2) of the Copyright Act with a two-pronged approach for design protection

In the present case, the Supreme Court examined the vagaries of IP law and the intrinsic synergy that exists between two independent legislations, namely the Designs Act and the Copyright Act.

Case Briefs Supreme Court

‘Eligibility criteria declared by fresh advertisement cannot be changed midway through recruitment process’; Supreme Court upholds reservation of DSP post for SC Sports (Women)

“Once it is accepted that the DSP post in question was reserved for ‘SC Sports (Women)’ as per advertisement, the appellant must be accepted as the only person qualified in her category who could be appointed. This is because she is the only SC woman candidate who successfully cleared all the tests for the post of DSP.”

Case Briefs High Courts

[Karuvannur Bank Scam] Kerala High Court cautions police to ensure fair and unbiased investigation, free from political influence

“This court, therefore, hopes and trusts that the investigating officer will carry out the investigation in a proper and fair manner as expected from him being the officer of the police force.”

Case Briefs High Courts

‘Adult parents are entitled to live together, even without formal marriage’: Allahabad HC grants police protection to interfaith live-in couple amid threats

The couple also informed the Court that the police authorities were unwilling to register a FIR against the private respondents. They further stated that every time they approached the police station to lodge the FIR, they were subjected to humiliation and denied assistance.