Soumya Yadav, Author at SCC Times

“Intention to insult is essential under the National Honour Act”: Bombay HC quashes FIR against 85-year-old over alleged inverted display of the National Flag

“Neither the statement of the watchman nor any material collected by the prosecution on record indicated that the applicant hoisted or displayed the Indian National Flag, or was involved in its display, on 26 January 2017.”

Case Briefs High Courts

Bombay HC affirms compensation rights for casual drivers under Employees’ Compensation Act

“Merely because the period for which the driver was recruited or employed is not mentioned, that cannot be a ground to reject the claim.”

Case Briefs High Courts

Jharkhand HC closes contempt case against advocate who said ‘country is burning with judiciary’; Accepts unconditional apology

“An advocate with over 40 years of legal practice is expected to show greater restraint, if not circumspection, as he is as much an officer of the Court as the Judge presiding over it.”

effect of building demolition on Tenancy

Case Briefs High Courts

Tenancy continues despite demolition, but eviction justified on landlord’s bona fide requirement & tenant’s prolonged non-user: Bombay HC

“It is clear that the landlord has established the requirement as pleaded and subsequent developments are not such as to completely eclipse or extinguish the bona fide requirement.”

Case Briefs High Courts

Bombay HC protects Shatrughan Sinha’s personality rights; Orders removal of AI-generated deepfake content

“The concept of personality right has gained momentum by reason of unauthorised exploitation on digital platforms and social media for commercial gain, which often results in tarnishing or damaging the personality rights of an individual and more often of a renowned and well-known personality.”

Jharkhand High Court stays investigation

Case Briefs High Courts

Jharkhand HC stays investigation in minor road accident, safeguards advocate from coercive action

“The federal structure of our Constitution of India cannot be allowed to be destroyed and it is a duty of the High Court that once such type of matter is brought to the knowledge of the Court, the High Court is required to rise to the occasion.”

Case Briefs High Courts

Patentee not liable for agent’s negligence; Restoration of expired patent allowed: Orissa High Court

“The non-payment of renewal fee within the time was due to the fault of the authorised agent, and the date of expiry of the patent on 22-09-2021 was within the Covid-19 pandemic period.”

assault on journalist Journalist assault

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC issues notice over reported assault on journalist covering Delhi University protest

The NHRC has issued a notice to the Delhi Police Commissioner, calling for a detailed report on the matter within two weeks.

Case Briefs High Courts

Jharkhand High Court raises concern over rampant trafficking, seeks National SOP on Aadhaar disclosure for missing children

“What will happen in other cases where the parents of missing or trafficked children are themselves facing the rigors of trafficking of their own child and are not in a position to approach the Court.”

Case Briefs High Courts

Beedi rollers engaged through intermediary are employees under EPF Act; entitled to provident fund: Madras High Court

“The beedi rollers were producing beedis and rendering services to the company through traders, however, the presence of the traders as an intermediary does not alter the relationship between the beedi workers and the company.”

Retired public servant cannot claim sanction

Case Briefs High Courts

Sanction under S. 19 Prevention of Corruption Act not required after retirement of public servant: Bombay High Court

“The offences alleged to have been committed by the applicant under the IPC cannot be regarded as acts done or purported to be done in furtherance of his official duties.”

Case Briefs High Courts

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.”