Simranjeet, Author at SCC Times

Part-time contractual employees entitled to maternity benefits even though their appointment rules make them ineligible: Gauhati HC

The amount to be received by petitioner shall not only be restricted to the amount claimed by her but will also include any such other computation admissible in terms of the relevant provisions of the Maternity Benefit Act, 1961.

Case Briefs High Courts

Till BCI’s decision is pending, complaints against Advocates will be entertained only on fee of Rs 1750: Uttaranchal HC halts fee hike to Rs 5500

Regarding the 20 complainants, who paid Rs 5500 towards fee, the Court stated that the Bar Council of Uttarakhand will have to take steps to return the remaining amount after deducting Rs 1750 from Rs 5500.

Case Briefs High Courts

Driving vehicle without number plate not cheating under Section 420 IPC; police can impose fine: Telangana High Court

It was stated that to attract Section 420 of the Penal Code, 1860, the accused must cheat and dishonestly induce the victim to deliver any property to any person or make, alter, or destroy a part of valuable property.

Case Briefs High Courts

‘Detention based on Look Out Circular amounts to arrest, violates fundamental rights’; Bombay HC declares Singapore resident’s arrest illegal

The moment petitioner was intercepted by the Immigration officers around 10:00 pm, on 13-08-2024, allegedly based on a Look Out Circular, he was deprived of his liberty and he ceased to be free.

Case Briefs High Courts

Allegations are general in nature’; Bombay HC grants bail to trustees, homeopathic doctor allegedly providing bogus doctors to M. T. Agarwal Hospital

The informant’s statement does not identify individual/s as victims whose deaths/injuries can be relatable to specific acts of commission/omission on the part of applicants before this Court.

Case Briefs High Courts

‘Victim was below the age of 16 years’; Bombay HC sets aside Children’s Court order discharging father of allegedly committing sexual assault on daughter

The Court remanded the matter back to the Children’s Court, directed the Sessions Court/POCSO Court to handover the charge sheet to the Children’s Court and the case registered before the Children’s Court was thus restored.

Case Briefs High Courts

‘Only Eagle Multispeciality Hospital is issuing medical certificates to prisoners for parole’; Bombay HC directs inquiry to check if there is any connection

The certificate, in the present case, is issued by a doctor, who is an accused in a case registered with the Pundlik Nagar Police Station, Aurangabad, for offences punishable under Sections 120-B ¹, 314 ², 203 ³, and 201 ⁴ of Penal Code, 1860.

Cases Reported Never Reported Judgments

NRJ Series | A person cannot be made vicariously liable under Section 34 of IPC without having anyone to share common intention with [(1953) 2 SCC 610]

This report covers the Supreme Court’s Never Reported Judgment, on common intention, dating back to the year 1953.

Case Briefs High Courts

‘Petitions bereft of material particulars’; Bombay HC dismisses plea challenging Congress MP Shivaji Bandappa Kalge’s election

Enquiry cannot be conducted in the status of Shivaji Bandappa Kalge, the returned candidate and he cannot be declared as not belonging to “Mala Jangam” community scheduled caste as he has a caste validity certificate in his favour by the Caste Scrutiny Committee which has exclusive jurisdiction to grant the said certificate.

Case Briefs High Courts

Bombay HC rejects Builder’s pre-arrest bail plea in Building Collapse case leading to loss of lives; calls for thorough investigation

Applicant is alleged to have constructed a four-storey building without necessary permissions and using substandard materials, violating the provisions of the Maharashtra Regional and Town Planning Act, 1966.

Case Briefs High Courts

‘Will impose heavy cost, initiate contempt proceedings’; Gauhati HC grants last two months opportunity to State of Mizoram to set up State Human Rights Commission

The present petition is pending since 2021, and the Court observed that the State Government is not willing to set up State Human Rights Commission in State of Mizoram.

Case Briefs High Courts

Effort shall be made by authorities to address grievance of Transgender Community members in respect to their medical needs: Gauhati HC

Petitioner stated that due lack of proper guidelines and clear instructions, neither the Central Government nor the State Government of Assam is coming forward with any concrete step to redress the grievance of the transgender community.

Case Briefs High Courts

‘No intention to disturb law and order or public order/peace’; Bombay HC grants anticipatory bail to person alleged to be a supporter of Naxalism

The intention to cause disorder or incite people to violence is sine qua non for the offence under Section 153-A¹ of the Penal Code, 1860.

Case Briefs High Courts

‘Resignation can be accepted only when it is clear, unambiguous, unequivocal, and not conditional’; Gauhati HC upholds employee’s voluntary resignation

It appears that petitioner has retyped his resignation letter by way of improvement as the original letter titled as ‘Regarding Resignation from Service’ submitted to respondent is hand-written, with different sentence and meaning.

Case Briefs High Courts

[Haldwani Violence] ‘Appeal lies u/s 21 of NIA Act before Division Bench’; Uttaranchal HC dismisses bail plea of Abdul Malik

Under Section 21 of NIA Act, appeals are filed against Special Court’s order and thus in view of the powers that are conferred on the Court of Session for exercising the jurisdiction of the Special Court, orders passed by the Court of Session under Section 22(3) shall also be appealable under Section 21.

Case Briefs High Courts

Without valid justification, no request for adjournment/filing affidavit-in-reply will be considered, except on payment of costs: Bombay High Court

Respondents cannot have an approach that the orders passed by this Court issuing specific directions are rendered meaningless and the proceedings are to be listed only to be adjourned.

Case Briefs High Courts

‘Appellate Court must respect Trial Court’s findings unless there is clear error/failure of justice’: Bombay HC upholds Single Judge’s order appointing Court Receiver in partnership dispute

The Single Judge in order dated 16-07-2024 held that there are enough documents proving that appellant had started construction on Virar property even though there is a status quo order, and thus, to safeguard and preserve the property, a Court Receiver needs to be appointed.

Cases Reported Never Reported Judgments

NRJ Series | Different parts of admission inseparably connected to form integral whole must be accepted or rejected as a whole [(1953) 2 SCC 560]

This report covers the Supreme Court’s Never Reported Judgment, on splitting up of admission, dating back to the year 1953.

Case Briefs High Courts

‘Sluggish Investigation’; Uttaranchal HC grants default bail to accused persons in Haldwani Violence Case

The right to life and liberty is one of the integral part of the Constitution and it is the most sacred fundamental right and the custody of people in the name of various enactments and without adhering to the promptness of the investigation, cannot allow appellant to remain under incarceration.

Case Briefs High Courts

Bombay High Court directs SEBI, NSE, BSE to pay Rs 80 lakhs costs for illegal and invalid freezing of demat accounts

Respondents have not shown any active role of petitioner in the capacity of the promoter, in the management of the company, Shrenuj, and any role and obligation factually fastened on petitioner in the various compliance which are required to be undertaken under SEBI (LODR) Regulations, at the time of freezing of his demat accounts.