Editor, Author at SCC Times

Section 319 CrPC | Person can be summoned to face trial even if police does not name him as an accused in chargesheet: SC

“The Trial Court can take such a step to add such persons as accused only on the basis of evidence adduced before it and not on the basis of materials available in the chargesheet or the case diary, because such materials contained in the chargesheet, or the case diary do not constitute evidence.”

Case Briefs Supreme Court

‘Application of force must be with intent to outrage modesty of woman’; SC quashes proceedings against man for offence under S. 354 and 506 IPC

“For mens rea to be established, something better than vague statements must be produced before the Court.”

Case Briefs Supreme Court

CBI doesn’t require State Govt’s consent to register FIR under Central Law against Central Govt employee posted within State: SC reiterates

“The ‘laws’ applicable to the undivided State of Andhra Pradesh would continue to apply to the new States, namely, the State of Telangana and the State of Andhra Pradesh despite the bifurcation of the erstwhile State of Andhra Pradesh till such time they were altered, repealed or amended.”

Hot Off The Press News

Supreme Court grants interim bail to rape convict Asaram Bapu on medical grounds

The interim bail has been granted till 31-03-2025.

Appointment of new judges in the High Courts of Delhi and Uttaranchal

Appointments & Transfers News

Centre notifies appointment of new Judges in Delhi and Uttaranchal High Court

The new Judges were appointed by the President in exercise of power conferred by Article 217(1) of the Constitution.

Case Briefs Supreme Court

‘Supervisory & judicial review powers vested in HCs demands rigorous scrutiny & judicious application’; SC sets aside HC’s order interdicting CIRP proceedings under IBC

“The IBC is a complete code in itself, having sufficient checks and balances, remedial avenues and appeals. Adherence of protocols and procedures maintains legal discipline and preserves the balance between the need for order and the quest for justice.”

Appointments & Transfers News

Centre appoints Justice (Retd.) Mayank Kumar Jain, Allahabad High Court as Judicial Member of SAT

The Department of Economic Affairs, Ministry of Finance notified the appointment on 03-01-2025.

Case Briefs High Courts

Delhi High Court issues directions in plea to highlight unhygienic conditions of female washrooms in Delhi District Courts

“While the petition specifically pertains to female washrooms, the directions shall apply equally to male, female, and handicapped washrooms in District Courts to ensure a uniform standard of hygiene and functionality.”

Case Briefs Supreme Court

‘High Court can quash proceedings using power either under Art. 226 or under S. 482 of CrPC’; SC reiterates while quashing FIR against foreign national

“The High Court could exercise its power of judicial review in criminal matters and it could exercise this power either under Article 226 of the Constitution or under Section 482 of the CrPC to prevent abuse of the process of the Court or to secure the ends of justice. The exercise of that power would depend upon the facts and circumstances of each case.”

High Court Round Up Legal RoundUp

HIGH COURT JANUARY 2025 WEEKLY ROUNDUP| Stories on Bhupendrasinh Zala; Police Protection to Live-In Couple; WIPRO’s Trade Mark; Rangarajan Narasimhan; and more

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

Case Briefs Supreme Court

[MCOCA] SC sets aside bail granted without considering embargo placed by special statute; remands matter to HC for fresh consideration

“When there is an embargo put in by a specific provision under a special enactment in the matter of grant of bail in respect of offences allegedly committed thereunder, the power to grant bail should necessarily be subject to satisfaction of the conditions mentioned in such specific provision.”

Case Briefs High Courts

Delhi HC grants ad interim injunction in favour of Novex Communications to restrain ‘Romeo Lane’ owner from infringing copyrights in sound recordings

The Court restrained all premises of Being FS Pacific Hospitality Pvt. Ltd. including ‘Birch by Romeo Lane’ from playing or using the sound recordings of Novex Communications Pvt. Ltd.

Case Briefs Supreme Court

‘Non-mentioning of vital facts of assault or criminal force in FIR/ Complaint, would vitiate cognizance taken by CJM’; SC quashes proceedings under S. 353 & 186 of IPC

“A written complaint by a public servant before the Court takes cognizance is sine qua non, absence of which would vitiate such cognizance being taken for any offence punishable under Section 186 of the IPC.”

Case Briefs High Courts

Delhi High Court issues specific directions on free medical treatment to rape, acid attack, and POCSO case victims/survivors by all public/private hospitals

‘Not providing required medical treatment to victim/survivor of sexual offence is a criminal offence.’

Case Briefs High Courts

Orissa HC directs installation of CCTV cameras in all police stations and out-posts by 31st March

The State Officials/police personnel have been directed to strictly follow the SOP formulated by the State Government on ‘Arrest of and Interaction with Members of Armed Forces in Police Stations’, and to circulate the same in Odia language to all the police stations and the police outposts of the State.

Case Briefs High Courts

Delhi High Court grants injunction in favour of Wipro Enterprises Pvt. Ltd. to restrain infringement of trade mark “WIPRO”

Wipro Enterprises Pvt. Ltd. had registered its well-known trade mark “WIPRO” and its formative trade marks in various classes under the Trade Marks Act, 1999.

Case Briefs High Courts

‘Suppression of criminal antecedents & failure to disclose pending FIRs has significant consequences’: Orissa HC upholds cancellation of candidature for Junior Overman post

“The role of a writ court to interfere with the discretionary power of the appointing authority is necessarily limited. This discretion, however, must be exercised judiciously, with due regard to the principles of fairness, proportionality, and the objectives of public service. The authority retains the prerogative to evaluate a candidate’s fitness/ including instances of prior criminal antecedents or suppression of information.”

Legal RoundUp Supreme Court Roundups

Supreme Court Constitution and Larger Bench Judgments which steered India’s course in 2024

The Supreme Court’s 2024 decisions have marked a significant turning point in the country’s legal and constitutional framework. Key rulings delivered by Constitutional Benches on Electoral bonds, private property, royalty as tax, AMU’s minority status, sub-classification within reserved categories, etc. have left an impact on fundamental rights, political transparency and tax regime, shaping India’s socio-political landscape, influencing both public policy and the broader democratic process.

Case Briefs High Courts

‘Power to revise penalty after consultation with PSC is on Governor’s discretion’; Sikkim HC upholds order modifying penalty of dismissal from service to compulsory retirement

The Governor’s failure to consult the Commission as envisaged in Rule 10 of Sikkim Government Servants’ (Discipline and Appeal) Rules, 1985, while passing the order modifying the penalty, alone would not change the nature of the case.

Case Briefs High Courts

‘A citizen’s liberty cannot be curtailed on whims and wishes of State officials’; Jharkhand HC sets aside preventive detention order under Jharkhand Control of Crimes Act, 2002

‘Liberty of a citizen of the country must be kept at the highest pedestal and there must be impeccable evidence to curtail the same.’