Soumya Yadav, Author at SCC Times

Madras HC: Procedural irregularity in affidavit filing doesn’t justify abandonment of Modern Kitchens’ trade mark application by Registrar

“Procedural provisions should not be interpreted with rigidity to the extent of defeating the substantive rights vested in the parties.”

Case Briefs High Courts

‘Parents’ bounden duty to care for child’: Madras HC upholds life sentence of parents who poisoned their child suffering from mental disorder

“If the law permits the accused parents to eliminate the children born with mental retardation, no such child would survive in this world.”

Events/Webinars News

Legal stalwarts unite for the release of Talha Abdul Rahman’s book In Chambers: A Young Lawyer’s Guide to Practice, Ethics and Advocacy

EBC launches Mr. Talha Abdul Rahman’s book titled “In Chambers: A Young Lawyer’s Guide to Practice, Ethics and Advocacy” on the practice, ethics, and craft of advocacy.

Law made Easy

Live-in Relationships in India: What Rights Does a Woman Really Have?

This article provides a comprehensive overview of women’s rights in live-in relationships in India, showing how the law has developed to protect women under the Protection of Women from Domestic Violence Act, 2005. It outlines key Supreme Court rulings, addresses common misconceptions, and answers practical questions on maintenance, protection, residence, child support, and property claims.

Case Briefs High Courts

“Lawlessness around campus cannot be tolerated”: Orissa High Court directs enhanced security, 24×7 police presence at NLU Odisha

“Institutions of higher learning must remain spaces of safety, dignity, and intellectual freedom, and any trend of lawlessness, vigilantism, or disorder in and around the campus environment not only jeopardises students’ welfare but also undermines the institutional ethos.”

Case Briefs High Courts

Temple built on encroached Government land not covered under Places of Worship Act: Madras High Court

“Neither the intention of the legislation nor any provision in the Places of Worship Act gives protection to a structure put up on Government land by encroaching.”

Case Briefs High Courts

Scandalous allegations against Judges constitute criminal contempt: Madras HC grants final opportunity to tender unconditional apology

“Instead of expressing regret or tendering an apology, he persisted with such allegations and even called upon the Court to tender an apology.”

Case Briefs High Courts

Madras High Court orders MS Dhoni to pay Rs 10 lakh towards translation of CDs in Rs 100 crore IPL betting defamation suit

“In normal circumstances and in a suit filed by the plaintiff, it is the plaintiff who has to do the above work and file the documents along with his plaint.”

Case Briefs High Courts

Technical objections can’t defeat Covid-19 compensation to Frontline Municipal Worker’s Family; Bombay HC directs immediate release of ₹50 Lakh ex-gratia benefits

“In such trying times when the employee contracted Covid, to expect him to be admitted only in a government hospital for claiming an entitlement, is arbitrary and unjust.”

Case Briefs High Courts

Resignation on medical grounds entails forfeiture of service: Madras HC clarifies distinction between resignation and voluntary retirement

“The resignation of an employee entails forfeiture of service, and a clear distinction can be drawn between resignation and voluntary retirement, as both are disparate in terms of their operation and consequence, and therefore unlikely to hold an equivalent character.”

Case Briefs High Courts

Bombay HC commutes POCSO convict’s life sentence to 12 years; cites his constructive participation in education and Gandhian thoughts

“The accused was only 20 years of age at the time when the offence took place, as reflected in the FIR, and was not released on bail even during Covid-19.”

Case Briefs High Courts

Abortion rights extended to unmarried women up to 24 weeks: Bombay HC directs wide of circulation of Supreme Court ruling across State authorities

“The woman is in unique and often difficult circumstances with respect to her physical, mental, social, or financial state, and all the different categories of women seek an abortion after twenty weeks either due to delay in recognizing the pregnancy or because of some other change in their environment.”

Case Briefs High Courts

Perfunctory public notice vitiates permission to fell trees; Bombay HC directs strict compliance of Maharashtra Trees Act

“We see no difficulty in such details being included in the newspaper, when a notice is published, so that adequate opportunity can be availed by those who are interested in raising objection, out of environmental concern or for any other reason which a person deems appropriate.”

Case Briefs High Courts

Permanent alimony does not absolve husband’s sacrosanct duty of financial support: Jharkhand HC upholds Rs 24,000 maintenance under S. 125 CrPC

“She is entitled in law to lead a life in the similar manner as she would have lived in the house of her husband, as that is where the status and strata come into place, and that is where the obligations of the husband, in case of a wife, become prominent.”

Case Briefs High Courts

“Sanitation is a Basic Human Right under Article 21”: Bombay HC orders Adequate Toilets in Mumbai Slums

“Making adequate provisions for toilets / sanitation facilities concerns the basic human rights under Article 21 of the Constitution/”

Case Briefs High Courts

Criminal Antecedents Have Societal Impact, Cannot Be Brushed Aside; Orissa HC Denies Bail in Extortion-Arms Act case

“The criminal antecedents of an accused cannot be brushed lightly as it has got definite impact on the society.”

Orissa High Court expunges affidavit against Advocate General

Case Briefs High Courts

“Purity is the hallmark of justice”: Orissa High Court expunges DSP’s affidavit against Advocate General, restrains media

“The trust of the people upon this institution should not be believed by encouraging wild litigants to make scurrilous remarks against constitutional functionaries in defiance of the Courts’ orders.”

Case Briefs High Courts

Jharkhand HC Orders FIR in Alleged HIV-Infected Blood Transfusion to Minor Thalassemia Patients; Reaffirms Police Duty to Register FIR

“There cannot be any cavil with the legal proposition that the police is under the statutory duty to lodge FIR when the complaint discloses a cognizable offence.”

Case Briefs High Courts

Orissa High Court upholds Two-child norm disqualification; rules protective proviso inapplicable to Panchayat membership termination

“The proviso was introduced by way of amendment effective from 18-04-1994, whereas the appellant’s third child was born on 11-03-1993 and the fourth on 06-11-1994, thus, the case is one of Textbook for attracting the disqualification clause, the protective proviso remaining miles away.”

Case Briefs High Courts

Bombay HC: 645-day delay in review petition not condonable; reasons such as counsel search, court’s vacation, and family wedding not ‘sufficient cause’

“The attempt was not made within the limitation period provided under the Limitation Act, but almost after 1 year from the date of the impugned judgment and much after the expiry of limitation period.”