Simranjeet, Author at SCC Times

Bombay High Court takes suo motu cognizance of Nagpur Airport’s daily closure for 8 hours

The Court appointed Advocate Kartik N Shukul as an Amicus to assist the Court and requested him to frame an appropriate petition within a period of one week from the date of the present order.

Case Briefs High Courts

‘Depriving journalists working in small newspapers at district, constituency levels of accreditation is arbitrary’; Telangana HC quashes Schedule E of Telangana Media Accreditation Rules, 2016

The State Government is directed to frame guidelines for extending benefit of accreditation to journalists working in small newspapers in district and constituency levels based on a fair and rational criteria.

Case Briefs High Courts

Provisions of CrPC and not of Nagarik Suraksha Sanhita 2023 (BNSS) will apply to a pending investigation prior to 01-07-2024: Bombay High Court

By a saving clause, which is construed to be an internal aid for the purpose of construction of a statute, saves the provisions of the old Code/repealed Code, i.e, in the present case, Criminal Procedure Code, 1973, for certain categories of investigation, inquiry, appeals, application, etc.

Case Briefs High Courts

Bombay HC directs Municipal Corporation, Greater Mumbai to constitute Animal Welfare Committee to resolve dispute of feeding stray dogs in a society

RNA Royal Park Co-operative Housing Society Ltd. stated that one of its resident, is indiscriminately feeding stray dogs beyond the appointed timings and locations, causing society to face a serious problem.

Cases Reported Never Reported Judgments

Never Reported Judgment | When Supreme Court declared a sale deed sham/fictitious as no consideration money passed to vendor [(1953) 2 SCC 21]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on determining whether sale deed is a sham.

Case Briefs High Courts

‘For 31 years, complainant willingly, knowingly participated in sexual relationship’; Bombay HC quashes FIR registered u/S 376 IPC against 73-year-old man

The complainant was adult enough to know that the law forbids a second marriage and there was no allegation in the complaint that applicant promised to divorce his first wife and then marry her.

Case Briefs High Courts

‘AI tools infringe individual’s right to control and protect their own likeness/voice’; Bombay HC grants ad-interim injunction in favour of Arijit Singh to protect his personality rights

Making AI tools available that enable conversion of any voice into that of a celebrity without their permission constitutes a violation of their personality rights and such tools facilitate unauthorized appropriation and manipulation of a celebrity’s voice, which is a key component of their personal identity and public persona.

Case Briefs High Courts

[S. 498-A] ‘In-laws asking daughter-in-law to show them the house cleaned by her on video call is a sadist manner of ill-treatment’; Bombay HC refuses to quash FIR

The complainant was pitted against the might of petitioners, i.e., husband, father-in-law, and three sisters-in-law, who were abusing and ill-treating her on petty issues and their sole aim was to extort money from her and her parents.

Case Briefs High Courts

Telangana HC upholds right of women members of Akbhari Sect of Shia Muslims to offer prayers in Ibadat Khana

Nowhere, in the Holy Book, the Almighty prohibited women from entering prayer halls to offer their prayers and Chapter 2 Albakarah 222-223 makes it evident that except during a particular period which is given as ‘rest period’ for women by the Nature itself, there is no bar against women to offer prayers.

Case Briefs High Courts

If burden of excess octroi duty is passed onto consumers, then granting its refund will amount to ‘unjust enrichment’; Bombay HC dismisses Colgate’s plea

It is reasonable to infer that petitioner has already passed on the burden of octroi duties to its consumers as it has neither pleaded nor established that it has not passed on the burden of the alleged excess octroi collected by the Bombay Municipal Corporation to its consumers.

Case Briefs High Courts

Bank cannot be charged with demand, interest, penalty for filing return in another State’s GST portal due to technical glitch: Telangana High Court

The foundation of show cause notice itself was bad in law and the assumption that return could not have been filed in the GST portal of Telangana did not flow from Section 140 of the Central Goods and Services Tax Act, 2017.

Case Briefs High Courts

‘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.