Editor, Author at SCC Times

[Rape & Murder of 6-yr-old] ‘Every saint has past & every sinner has future, human endeavour should be to hate sin & not sinner’; Orissa HC commutes death sentence to life imprisonment

“In case of no material on record including circumstances to satisfy the ingredients of ‘rape’ or ‘aggravated penetrative sexual assault’ committed on the deceased minor, it would be too risky to convict the accused either under Section 376-AB of the IPC or under Section 6 of the POCSO Act. The ingredients of offence under Section 354 of the were squarely made out.”

Oxford Professor to surrender passport to Indian High Commission

Hot Off The Press News

Constitutional validity of ‘automatic termination’ of Indian citizenship upon acquiring another citizenship| SC allows Oxford Professor to surrender passport to High Commission

The Oxford Professor’s citizenship was involuntarily and automatically terminated by operation of Section 9 of the Citizenship Act, 1955 upon acquisition of British Citizenship. It was submitted that ‘renunciation’ of citizenship is different from ‘termination’ and Sections 4(1), 4(1A) and 9(1) of the Act, 1955 were challenged for being ultra vires to Articles 14, 19, 21, and 25 of the Constitution.

Hot Off The Press News

SC grants anticipatory bail to gangster-turned-politician Mukhtar Ansari’s son Umar Ansari in violation of model code of conduct case

Umar Ansari was alleged of threatening the Administration, during the 2022 Uttar Pradesh Assembly Polls, violating the Code of Conduct, which is punishable under Section 171-F and 506 of the IPC.

Belated claims of Homebuyers in Jaypee Infratech

Case Briefs Supreme Court

Jaypee Infratech Resolution Plan and belated claims of Homebuyers: SC issues notice to Jaypee Infratech Ltd.

“The issue of notice will not come in the way of execution or implementation of the resolution plan and the allotment of the unit to the appellant, if made, will be subject to the outcome of the present appeal.”

Centre to make necessary changes to S. 498-A

Case Briefs Supreme Court

‘S. 498-A IPC cannot be applied mechanically’; SC asks Centre to make necessary changes upon considering pragmatic realities

“The Police cannot be utilised for the purpose of holding the husband at ransom so that he could be squeezed by the wife at the instigation of her parents or relatives or friends and in all cases, where wife complains of harassment or ill-treatment, Section 498-A of the IPC cannot be applied mechanically.”

Case Briefs Supreme Court

SC issues contempt notice to two NCDRC members for issuing non-bailable warrants despite SC’s interim protection

The two members of the National Consumer Dispute Redressal Commission ignored an interim order passed by the Court on 01-03-2024 and issued non-bailable warrants against the directors of Ireo Grace Realtech.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Serious concern for local residents’; NGT seeks report from Punjab Water Supply & Sewerage Board over muddy tap water in Barnala

A clear layer of mud is visible on the utensils and has a foul smell, causing severe hardship and health hazards for the people solely dependent upon the water supply from the Government.

Legal RoundUp

IP Roundup April 2024 | Recent updates on Intellectual Property

Update yourself with all the latest Intellectual Property updates in April 2024.

Case Briefs Supreme Court

[Financial Debt v. Operational Debt] SC clarifies when a ‘debt’ is considered as financial debt and operational debt under IBC

“While deciding that whether a debt is a financial debt or an operational debt arising out of a transaction covered by an agreement or arrangement in writing, it is necessary to ascertain what is the real nature of the transaction reflected in the writing.”

Case Briefs Supreme Court

Supreme Court stays order granting bail to Karnataka’s seer Shivamurthy Murugha Sharanaru’s in POCSO case

Shivamurthy Murugha Sharanaru, an Indian seer and pontiff was accused of sexually assaulting minor girls and was arrested under the POCSO Act and was released on bail on 08-11-2023.

High Court Round Up Legal RoundUp

HIGH COURT APRIL 2024 WEEKLY ROUNDUP| Stories on Ramesh Sippy Inheritance Claim; Cash for Job Scam; Yamuna River Environmental Crisis; MP Judicial Service Rules and more

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

Case Briefs High Courts

Whether accused under custody in one case can seek anticipatory bail for another case? Orissa HC answers

“The investigating agency, if it feels necessary for the purpose of interrogation, can seek remand of the accused whilst he is in custody in connection with the previous case and if such order granting remand is passed, it would no longer be open to the accused to seek anticipatory bail, but he can seek regular bail.”

Hot Off The Press News

[EVM-VVPAT verification case] Supreme Court rejects plea for 100% EVM-VVPAT verification and paper ballot voting

The Court gave directions for seal of symbol loading, after completion of the symbol loading process.

Employer’s financial capacity factor in fixing wage

Case Briefs Supreme Court

‘Employer’s financial capacity is a strong factor and cannot be ignored in fixing employee’s wage structure’: SC

The application of industry-cum-region test is the standard criteria, followed by the industrial adjudicator, while determining the revision of wages and other facilities, which implies that the prevailing pay and other allowances should be compared with equally placed or similarly situated industrial units in the same region.

Case Briefs Supreme Court

‘HC ignored evidence indicating complicity’; SC sets aside order quashing FIR against Police Official accused of taking bribes

An FIR was registered against the ASI and the Police Inspector, alleging the demands for bribe and providing a chargesheet in lieu of Rs.80,000/-.

Pernod Ricard's penalty for loss of liquor in transit

Case Briefs Supreme Court

SC allows Pernod Ricard’s appeal against higher penalty for loss of liquor in transit; Holds substituted Rule applicable for deciding quantum of penalty

“A repealed provision will cease to operate from the date of repeal and the substituted provision will commence to operate from the date of its substitution.”

Case Briefs High Courts

National Green Tribunal seeks response from States/ UTs on encroachment of forests

A news piece titled “Forest land five times Delhi’s geographical area under encroachment govt. data shows”, led NGT to take up the matter suo motu.

Hot Off The Press News

Supreme Court suspends Congress MLA Mohammed Moquim’s sentence in ORHDC Loan Fraud Case

Vide order dated 16-04-2024, the Supreme Court had exempted Mohammed Moquim from surrendering till the next date of hearing.

High Court Round Up Legal RoundUp

HIGH COURT APRIL 2024 WEEKLY ROUNDUP| Stories on Right to sleep, Ayushman Bharat Scheme; Gaurav Bhatia; Dominos Trade Mark; Bigg Boss; and more

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

statement before NDPS official inadmissible

Case Briefs Supreme Court

SC sets aside 21-year-old conviction based solely on inadmissible statement made before NDPS official under Section 67 of NDPS Act

In Tofan Singh v. State of Tamil Nadu (2013) 16 SCC 31, it was held that officers authorised under Section 53 of the NDPS Act were ‘police officers’ and the statements made to them under Section 67 were inadmissible in evidence.