Editor, Author at SCC Times

‘Sad that even after years, Courts do not understand the fine distinction’; SC breakdowns key differences & ingredients of criminal breach of trust and cheating

“For cheating, criminal intention is necessary at the time of making a false or misleading representation i.e., since inception. In criminal breach of trust, mere proof of entrustment is sufficient. Thus, in case of criminal breach of trust, the offender is lawfully entrusted with the property, and he dishonestly misappropriated the same. Whereas, in cheating, the offender fraudulently or dishonestly induces a person by deceiving him to deliver any property.”

Hot Off The Press News

Supreme Court stays Ayush Ministry’s Notification omitting Rule 170 of Drug Rules which prohibited ads of Ayurvedic, Siddha or Unani drugs without approval

Vide notification dated 01-07-2024, the Ministry of Ayush amended Drug Rules, 1945, omitting Rule 170.

Case Briefs Supreme Court

Coordinate Bench’s view of same HC cannot be ignored even if considered to be incorrect in law; Reference to larger bench the only option: SC

In the matter at hand, the Division Bench of High Court upheld a detention order, which was quashed by a coordinate Bench of the same High Court, based on same grounds and material relied.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT issues notice to Principal Chief Conservator of Forest, Tiger Conservation Authority and MoEFCC over proposed hotel construction in Kaziranga National Park

Over 45 farmer families survive on the yield produced from the 19- acre land in Inle Pothar, of which 9.9 acre has been earmarked for the luxury hotels project. It is also home to the one-horned rhinoceros, elephants, tigers, wild buffaloes and wild boars among other species.

Hot Off The Press News

Andaman & Nicobar Islands Gang Rape case | Supreme Court dismisses review petition against bail granted to former Chief Secretary Jitendra Narain

The victim was allegedly gangraped by Narain and other co-accused persons when she approached them for a job.

Know thy Judge

Know Thy Judge | Justice Sanjay Karol’s impactful journey from India’s first heritage village to Supreme Court Judge

Hailing from Kangra district’s Garli, the first heritage village of India, Justice Sanjay Karol served his parent High Court of Himachal Pradesh as Acting Chief Justice and High Courts of Tripura and Patna as Chief Justice before his elevation as a Supreme Court Judge on 06-02-2023.

Case Briefs Supreme Court

SC issues contempt notice to Manipur Chief Secretary over service continuity & consequential benefits to re-appointed MPSC officers

“In the event, the candidates who were already appointed on the basis of results of the main examination conducted in September, 2016, if successful in the re-conducted main examination in terms of this order, they would be given continuity of service and consequential benefits upon being appointed against the concerned posts.”- Supreme Court’s direction

Case Briefs High Courts

Meghalaya High Court upholds Assam rifleman’s dismissal from service for engaging in polygamy

Rule 10(2) of the Assam Rifles Rules, 2010 provides that “any person subject to the Act, who contracts or enters into a second marriage during the lifetime of his first spouse, shall render himself ineligible for retention in service and may be dismissed, removed or retired from service on ground of unsuitability.”

Case Briefs Supreme Court

Default borrowers, served with look out circular by MHA at the instance of Public Sector Banks, to seek permission from HC to travel abroad: Supreme Court

“The applications before the High Court, seeking permission to travel abroad shall be considered and disposed of expeditiously.”

Hot Off The Press News

Supreme Court sets aside Calcutta HC verdict advising adolescent girls to control sexual urge

The High Court advised the female adolescent, to control sexual urge/urges as in the eyes of society she is the looser when she gives in to enjoying the sexual pleasure of hardly two minutes.

Case Briefs High Courts

Mere absence of affidavit supporting allegations against Judicial Officer does not warrant automatic dismissal of complaint and departmental proceedings: Orissa HC

“While the guideline aims to protect judicial officers from unwarranted harassment, it does not eliminate the possibility of addressing genuine issues faced by individuals or communities due to the actions of a judicial officer. The High Court retains the responsibility to ascertain the authenticity of the complaints and take appropriate action based on verified facts.”

Case Briefs Supreme Court

[Detention Under COFEPOSA] SC disposes of challenge against Delhi HC’s decision quashing detention orders for being infructuous by efflux of time

The question of law which revolved around right of making representation being seriously jeopardized as detenus were supplied with various documents as parts of relied upon documents (‘RUDs’) which are illegible, incomplete and not readable violating Article 22 (5) of the Constitution of India read with Section 3 (3) of COFEPOSA Act, was kept open.

Hot Off The Press News

Supreme Court designates 39 new Senior Advocates

The newly designated Senior Advocates have been designated with effect from 14-08-2024.

Hot Off The Press News

Supreme Court issues notice to CBI on Arvind Kejriwal’s bail plea

Delhi Chief Minister Arvind Kejriwal was denied interim bail in CBI matter. The CBI arrested him on 26-06-2024, while he was in judicial custody in ED’s matter.

Case Briefs Supreme Court

SC quashes NDPS case against man falsely implicated in 1.75 Kg ganja dealing after 4 years due to lack of evidence

The investigation against the accused was initiated as the main accused had named him but later it was discovered that it was a false accusation, as wife of the main accused had some disputes going on with accused person’s wife, hence, he was falsely implicated.

Case Briefs Supreme Court

Delhi Excise Liquor Policy Scam| Supreme Court grants bail to Manish Sisodia in both ED and CBI cases

“It will be travesty of Justice if he has to be relegated to Trial Court again. Sisodia has been deprived of the right to speedy trial, which is a sacrosanct right”.

Hot Off The Press News

Supreme Court expresses concern over meagre pension to District Judges; urges Union to find out a way

“Some of them are from District Judiciary retiring with a pension of only Rs 15,000/-. We are the guardians of the District Judiciary. As guardians of the district judiciary, what do we do?”

Case Briefs Supreme Court

Proof of application for Certified Copy from HC must while seeking exemption in filing Certified Copy of Judgment with SLP: Supreme Court

The Supreme Court issued practice direction to be followed by all litigants who propose to file special leave petitions both in civil and criminal matters with effect from 20-08-2024.

Case Briefs High Courts

‘Son did not think twice before killing his creator’; Orissa HC upholds man’s conviction for strangulating and beheading mother

The minor child, grandson of the deceased provided clear and cogent evidence being the sole eye-witness, stating that his father had strangulated the neck of the deceased for which the deceased struggled for life and then she became calm.

Case Briefs Supreme Court

SC stays Andhra Pradesh HC’s order granting 4.5-year-old child’s custody to father and allowing to take him back to USA

The mother in her undertaking stated that she got a job in Consulate General of India’s office at San Francisco, and that she had applied for US citizenship and duly attended for interview. She had also undertaken to ensure the admission of her son in a good school, co-operation with father and facilitation of visits to son.