Simranjeet, Author at SCC Times

‘No material to formulate any substantial question of law’; Tripura HC dismisses appeal filed u/S 100 of CPC

‘The contention that the appeal is not maintainable under Section 100 of CPC cannot be accepted, rather the appeal filed by appellant is maintainable before the Court as the order of Additional District Judge is a decree.

Case Briefs High Courts

Mere presence at hotel as ‘customers’ while women dance in obscene manner, not sufficient to attract offence u/s 294 of IPC: Bombay High Court

No other specific overt act is attributed to petitioners to attract the offences punishable under Sections 294, 114 read with Section 34 of Penal Code, 1860 against them.

Cases Reported Never Reported Judgments

Never Reported Judgment | Confession consisting of integrally connected parts cannot be split to accept some parts and reject others [(1953) 2 SCC 545]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on retracted confession.

Case Briefs High Courts

‘Online filing of nominations will maintain purity of elections’; Tripura HC directs State Civil authorities, Election Commission to provide adequate security to candidates willing to submit nomination papers

The online filing of nominations will play a vital role in fulfilling the commission’s statutory duty to maintain the purity of elections.

Case Briefs High Courts

Patna HC dismisses candidates’ plea to appear for main examination for District Judge (Entry Level) due to incorrect questions in Preliminary Examination

The Court opined that it may not be proper to look at specific questions and the answers pointed out by the different petitioners and to re-evaluate each of them. Thus, the Court restrained from detailed examination of the objections raised, but for completeness, it dwelled upon specific contentions.

Case Briefs High Courts

Entry in revenue records does not confer any title over the suit property: Tripura HC reiterates

The contention of appellants that they and their predecessor acquired the right of adverse possession over the suit land was not accepted by the Court in the absence of cogent evidence on record.

Case Briefs High Courts

[NEET UG 2024] Patna HC permits CBI to take custody of 13 accused in NEET paper leak case

The Court stayed the order dated 02-07-2024 passed by the Exclusive Magistrate, CBI, Patna, whereby CBI’s application for remand of the 13 accused was rejected.

Case Briefs High Courts

Interpretation of ‘scale of rates’ fixed by Tariff Authority for Major Ports is binding: Bombay High Court

In the present case, the communication dated 01-03-2017 by TAMP will constitute a ‘decision’ since it determines an issue that at what rate respondent is entitled to levy charge based on the documents produced

Case Briefs High Courts

‘Victimizing foreign national without reason will reflect in bilateral relations’; Bombay HC directs FRRO to issue Exit Permit to Chinese woman acquitted in smuggling case

Apart from the right to get Exit Permit, the Chinese woman needs to be adequately compensated for the mental agony, trauma, and sufferings undergone by her due to the conduct of Respondent 2, Union of India. Thus, Respondent 2 is directed to pay an amount of Rs 10,00,000 as compensation.

Case Briefs High Courts

While imposing conditions for grant of bail, Trial Court has no power to direct any person to first apply for passport, obtain it, then surrender it: Bombay High Court

The unusual condition, which was imposed and later, was not modified, clearly shows that the Trial Court travelled beyond its powers and imposed such conditions, which was normally not required when granting bail.

Case Briefs High Courts

Recall of witness for production of original documents will not amount to filling up lacuna in evidence discovered on cross-examination: Bombay High Court

The Court noted that though a witness was mandated to produce original bank documents, he committed a mistake in bringing only photocopies containing endorsement that the same were verified with the original.

Case Briefs High Courts

‘Entitled to lead a life with all dignity in an environment that will be congenial’; Tripura HC grants bail in NDPS case to a man tested HIV positive

The Court opined that though the jail authorities had claimed that adequate treatment will be provided to the accused, but considering his condition, he deserves the benefit of granting bail.

Cases Reported Never Reported Judgments

Never Reported Judgment | Charge of contempt of court must be established beyond all reasonable doubt; alleged contemnor must be given the benefit of presumption of innocence [(1953) 1 SCC 726]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on contempt of court.

Case Briefs High Courts

Telangana HC dismisses plea of former CM K. Chandrashekar Rao challenging appointment of Commission to inquire into irregularities of power procurement from DISCOMS during his tenure

The Court opined that the press conference was held to update the media about the status of the proceedings before the Commission and the extract of the press conference did not contain any material indicating that Respondent 3 pre-judged the issues pending before him.

Case Briefs High Courts

‘A person belonging to LGBTQ+ community is vulnerable to ridicule, harassment in jail’; Bombay HC grants bail to man accused of child trafficking

The applicant contended that their gender identity and medical condition made them vulnerable to harassment and ridicule in society and in jail.

Case Briefs High Courts

‘Preposterous to assume that Chief Minister of State will personally handle twitter for posting trivial, casual tweets’: Telangana HC dismisses plea to register FIR against CM

As per petitioners, the Chief Minister is responsible for tweeting fake circular of closure of hostels and messes in the Osmania University due to acute shortage of water and electricity.

Case Briefs High Courts

Relationship between two adult individuals does not justify sexual assault on partner: Bombay High Court

A relationship may be consensual at the beginning, but the same state may not remain so for all time to come. Whenever one of the partners show their unwillingness to indulge in a sexual relationship, the character of the relationship as ‘consensual’ ceases to exist.

Case Briefs High Courts

No appeal lies u/s 54 of Land Acquisition Act, 1894 against orders of Executing Court: Tripura High Court

The appellant filed an objection before the Executing Court to delete their name from the execution proceeding and to insert the name of Executive Engineer PWD, NH Division as Judgment debtor but the Executing Court disposed of objection on the ground that matter was already decided.

Case Briefs High Courts

‘Departments not serious in solving water logging problem’; Gauhati HC imposes Rs 1000 cost and grants one more opportunity to file response

On 03-06-2024, the petitioner, North East Eco Development Society raised a serious issue regarding water logging in the city of Guwahati, which has persisted for a long time.

Case Briefs High Courts

Telangana HC refuses to quash FIR against Senior Advocate allegedly taking bribe to influence Judges due to pending investigation

The Court opined that the allegation that money is obtained to bribe the judges of this Court casts a serious doubt on the independence of judiciary and implies that justice is up for sale and such serious allegations need to be investigated.