Simranjeet, Author at SCC Times

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.

Case Briefs High Courts

Court must give reasons for releasing the amount under Section 19 of MSME Act, 2006: Telangana High Court

The Court is empowered to permit release of such percentage of amount under Section 19 of the MSME Act, 2006, deposited to the supplier as it considers reasonable under the circumstances of the case, subject to such condition as it deems necessary to impose.

Case Briefs High Courts

High Court does not function as a Court of Appeal or Revision while exercising jurisdiction u/s 482 of CrPC: Uttaranchal High Court

The Court opined that inherent jurisdiction under Section 482 of CrPC though wide should not be capriciously or arbitrarily exercised but should be exercised in appropriate cases to do real and substantial justice. Thus, quashing of charge sheet or setting aside summoning order on appreciation of evidence is not justified.

Case Briefs High Courts

[NDPS Act] Mere filing of charge-sheet neither a ground nor has persuasive value to grant bail: Tripura High Court

The Court opined that materials available on records do not suggest that there are reasonable grounds to believe that respondent is not guilty of committing the offences under Sections 20(b)(ii)(C), 25, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Case Briefs High Courts

‘State of Bihar is neither a far flung or remote area nor out of mainstream of national life’; Patna HC sets aside 2023 Amendment Acts increasing reservation for SCs, STs, and Backward Classes to 65%

The Court noted that after the collection of data for Caste survey, there was a frog leap into the amendment enhancing the reservations beyond 50%, which was on proportionate representation in the services of the State and educational institutions, which was clearly not permissible under Articles 15(4) and 16(4).

Cases Reported Never Reported Judgments

Never Reported Judgment | Mere deposit of monthly rent by mortgagee not sufficient to establish landlord-tenant relationship between tenant’s mortgagee and landlord of leased property [(1953) 1 SCC 603]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on landlord-tenant relationship.

Case Briefs High Courts

Breath analyzer report not conclusive proof of consumption of alcohol: Patna High Court

Consumption of alcohol can only be ascertained by way of blood and urine test by a person suspected to have consumed alcohol.

Case Briefs High Courts

No bar to invoke arbitration even if alternative remedy available under RERA Act: Gauhati High Court

There is nothing to show that there is any inconsistency or repugnancy between the provisions of the Real Estate (Regulation and Development) Act, 2016 and arbitration as an alternative. The parties have agreed to arbitration clause provided in contract agreement for settlement of disputes including the issue raised by petitioners.

Case Briefs High Courts

‘Ordinary common man will be confused’; Bombay HC grants ad-interim injunction to Glenmark Pharmaceuticals for mark “ZITA-MET” against Gleck Pharma’s mark “XIGAMET”

The Court stated that physicians, doctors, and chemists are knowledgeable in their field, however they are not infallible, and in respect of medicinal and pharmaceutical products there cannot be any leeway for mistakes, since even a possibility of a mistake may prove fatal to the consumers.

Case Briefs High Courts

Bombay HC grants interim relief to Pidilite Industries Ltd.; restrains Dubond Products India Pvt. Ltd. from using marks “LW” and “LW+”

The Court stated that mere addition of prefix and/or suffix to the impugned mark is inconsequential, thus, it rejected Dubond Products India’s contention that the use of the word “HYDROBUILD” before “LW” in the impugned marks is sufficient to distinguish from the marks of Pidilite Industries.