Simranjeet, Author at SCC Times

[Rohith Vemula Suicide] ‘Despite best efforts of Investigating Officer, no evidence could be collected’; Telangana HC disposes of petitions after prosecution files closure report

The Telangana High Court noted that multiple issues could have driven Rohith Vemula to commit suicide and further, it could also not be established that the actions of the petitioners had driven Rohith Vemula to commit suicide.

Case Briefs High Courts

Bombay High Court grants one-week temporary bail to life convict to appear for law entrance exam

The Bombay High Court noted that the applicant was in jail for the last nine years and during trial he was on bail for some period, and he did not misuse the liberty granted to him.

Cases Reported Never Reported Judgments

Never Reported Judgment| Entries in revenue records have considerable value but not by themselves sufficient to rebut the presumption of jointness of the family [(1953) 1 SCC 483]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on relevance of entries in revenue records.

Case Briefs High Courts

Payment of Gratuity Act 1972 is applicable to anganwadi workers and helpers working in the State: Tripura HC reiterates

The anganwadi centres are the creation of the Intensive Child Development Services Scheme, launched in 1975 to address the issues of health, nutrition, and education needs of children and each anganwadi centre is managed by one anganwadi worker and one anganwadi helper to implement the Scheme.

Case Briefs High Courts

‘Leave encashment once earned, constitutes employee’s property’; Bombay HC directs bank to pay encashment of privileged leave to its former employees

The Bombay High Court held that leave encashment is akin to a salary, which is a property, and depriving a person of his property without any valid statutory provision would violate Article 300-A of the Constitution.

Case Briefs High Courts

‘Time limit for sample analysis must be scrupulously followed’; Bombay HC sets aside penalty imposed on TATA Chemicals Ltd. for selling substandard iodized salt

The delay in completing the analysis may have resulted in salt samples getting deteriorated because of exposure to heat, light, moisture, etc which may have resulted in deteriorating its standard and thus it became substandard, as Iodized Salt can lose its iodine due to the environmental factors.

Case Briefs High Courts

University’s functioning cannot be at the cost of employee’s welfare: Bombay HC orders SNDT Women’s University to pay pensionary benefits

The Bombay High Court opined that a Public University is not expected to needlessly withhold the pensionary benefit of its retired employees.

Case Briefs High Courts

[Baba Tarsem Singh Murder Case] Uttaranchal HC dismisses Former IAS Officer Harbans Singh Chugh’s plea to quash FIR

FIR is not an encyclopedia which must disclose all facts and details relating to the offence reported and mere information is sufficient for investigation.

Case Briefs High Courts

‘Will be a national loss’; Bombay HC refuses to withdraw qualification obtained by MBBS student on false OBC Certificate

If the medical profession is based on a foundation of false information, then certainly it would be a blot on the noble profession. Therefore, the foundation of any student should not be built based on false information and suppression of the facts.

Case Briefs High Courts

Bombay HC rejects plea to quash case against Former Andhra Pradesh CM Nara Chandrababu Naidu for assaulting police personnel

Applicants, i.e., Nara Chandrababu Naidu, and Nakka Ananda Babu, refused to cooperate during their transfer to Central Jail Aurangabad and created terrorizing atmosphere, hurled abuses in Telugu and English and used criminal force and even assaulted the police constables.

Case Briefs High Courts

‘Objective of AAI (Leave) Regulations, 2003 is not to curb population’; Bombay HC directs AAI to grant maternity benefits to employee for third child

The respect and protection of a woman and of maternity should be raised to the position of an inalienable social duty and should become one of the principles of human morality.

Case Briefs High Courts

Husband cannot be allowed to play with the dignity of his wife at his own will; Patna High Court denies anticipatory bail to husband

Shariat law permits Muslim to contract more than one marriage, but it must be borne in mind that merely because an act was lawful, it did not per se become justifiable in married life. Contracting a second marriage by a Muslim may be lawful, but it causes enormous cruelty to the first wife.

right to reconstruct on land where a mosque once existed

Cases Reported Never Reported Judgments

Never Reported Judgment | No right can be acquired to construct a mosque merely by existence of an old building where a mosque once existed for a period of time [(1953) 1 SCC 431]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on religious and charitable endowments.

Case Briefs High Courts

No Appeal lies u/s 117-A of Patents Act 1970 against an Order passed u/s 21(1): Bombay HC reiterates

The impugned Order clearly holds that the petitioner is deemed to have abandoned the application and that it has failed to comply with the requirements of Section 21(1) of the Patents Act, 1970.

Case Briefs High Courts

Bombay High Court dismisses plea challenging its “Rules for Presentation and Conduct of Proceedings in Person by Parties”

The “Rules for Presentation and Conduct of Proceedings in Person by Parties” does not apply if a party desires to appear in person when the proceedings are related to applications for temporary bail, parole, furlough, and habeas corpus.

Case Briefs High Courts

Provide adequate infrastructure to implement phone calls and e-mulakaat facilities for inmates in prisons: Bombay HC directs State

Counsel for petitioner states that exclusion of Pakistani prisoners from operation of the Government Resolution dated 22-3-2024 is not lawful.

Case Briefs High Courts

Misconduct of overwriting on gate pass, to save one day’s leave, not enough for dismissal from service: Bombay High Court

The Court observed that the Labour Court’s Award is not happily worded, especially where it holds that in absence of a police complaint, employee’s act of overwriting on gate pass cannot be considered forgery.

Case Briefs High Courts

Ban on liquor sale will only apply to polling areas in Raigad District; Bombay HC modifies Collector’s order of ban on entire Raigad District

Section 142 of the Maharashtra Prohibition Act, 1949 empowers the Collector to close a place where any intoxicant is sold but, the exercise of such power ought to be guided by Section 135-C of the Representation of the People Act, 1951.

Case Briefs High Courts

Monthly pension of Rs 3000 to building and construction workers is minuscule, given the cost of living in Delhi: Delhi High Court

Delhi Building and other Construction Workers Welfare Board is duty-bound to extend benefits to building workers in line with the provisions of the Delhi Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, which is a social welfare legislation.

Case Briefs High Courts

Intention of parties can be construed from the correspondence exchanged between them: Delhi HC appoints Justice A.K. Sikri (Retd.) as a Sole Arbitrator

The Court opined that all nine contracts are related to same project and if it is accepted that there is an Arbitration Clause only in five contracts, then parties will have to be relegated to civil proceedings, which will lead to multiplicity of disputes, delay in adjudication and possibility of conflicting rulings.