Sunaina, Author at SCC Times

Saying ‘go away and die’ in heat of passion not abetment of suicide under S. 306 IPC; Kerala HC discharges accused

“When the deceased came to know that the accused was about to marry another woman, she inquired about the same over the phone, and enraged by the query, the accused scolded the deceased and said, ‘go away and die’. The deceased feeling mentally disturbed, jumped into a well along with her daughter and committed suicide.”

Case Briefs High Courts

Fatal fall from train is an untoward incident, not self-inflicted injury: Bombay HC directs Railways to pay Rs 4 lakh compensation

“In matters governed by beneficial legislation, the benefit of doubt should go in the person’s favour who has met with the accident. Railways could have supported its case by examining the co-passenger or guard or by leading expert evidence to show that a person falling from a moving train could not get entangled in its wheels.”

Law made Easy

Daughters’ Property Rights under Hindu Law – Before & After 2005 Amendment

This article offers a clear overview of daughters’ property rights under Hindu law—how the law under Hindu Succession Act, 1956 worked before the 2005 Amendment, and how the amendment transformed daughters into coparceners by birth. It traces the major Supreme Court rulings leading up to Vineeta Sharma (2020) 9 SCC 1, clarifies common myths, and answers practical FAQs.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Equine activity in Matheran poses highest environmental and public health risk; NGT seeks response

“The Tribunal noted that PM₁₀ and PM₂.₅ level breached the CPCB’s standards, with the root cause being equine dung emissions and dust from unpaved roads. Water sampling from five sites recorded presence of E. coli which violated drinking water norms and confirmed faecal contamination from horse dung.”

Confession to police legally non-existent -existent

Case Briefs High Courts

Confession to police is legally non-existent; Cannot be used against co-accused under Section 30 Evidence Act: Kerala HC orders acquittal

“Where a confessional statement is otherwise excluded or is inadmissible by virtue of Sections 25 or 26 of the Evidence Act, there can be no question of such confessional statements being made admissible against another co-accused with the help of Section 30 of the Evidence Act.”

Tribunal decide disputes from inter-connected agreements

Case Briefs High Courts

Bombay HC constitutes common Arbitral Tribunal for deciding for disputes arising from all inter-connected Essar-Narayan contracts

“A common reference to the Arbitral Tribunal for resolution of disputes and differences arising out of all such agreements and contracts was requested by the respondent which was agreed upon by the applicant.”

Indoor management in cooperative housing disputes

Case Briefs High Courts

Lease Assignee shielded by Indoor Management Doctrine in cooperative housing disputes; Bombay HC rejects interim relief as no suspicious circumstances made out

“The Secretary allegedly acted beyond his authority and entered into a series of transactions with the Heirs and the Assignee, which included a Deed of Confirmation reaffirming the 1980 lease, a Deed of Modification that removed the restrictions on built-up area and height, and a Deed of Assignment transferring leasehold rights to the assignee.”

penal acts non transferable to legal heirs

Case Briefs High Courts

Penal acts are non-transferable to legal heirs; J&K and Ladakh HC quashes employee’s suspension based solely on FIR against his father

“If the employee’s father was allegedly found to be involved in an offence under Section 5 of the 2006 Act, the same did not mean that the employee was to be perceived, projected, painted and put to bad treatment by passing the impugned suspension order.”

Case Briefs High Courts

Noncompete covenant not binding on non-signatory employee/third-party organiser; Bombay HC deines relief to Messe Frankfurt

“There were no traceable clandestine or fraudulent activities by Netlink and its Director in organising the impugned exhibitions for the ostensible organiser, and therefore it was unnecessary to undertake the exercise of lifting the corporate veil or applying group of companies doctrine.”

Case Briefs High Courts

Once plaint is returned for lack of pecuniary jurisdiction, suit proceeds de novo; Earlier pleadings and evidence are non est: J&K and Ladakh HC

“Once it is concluded that the initial proceedings were held before a court that lacked jurisdiction, the written statement and other evidence that may have been led by the parties before the said court become non-est in the eyes of law.”

Suspension invalid if not reviewed within 90 days

Case Briefs High Courts

Suspension becomes invalid if not reviewed within 90 days as per Rule 10(6) of CCS(CCA) Rules; Subsequent review cannot revive it: Himachal Pradesh HC

“As per Rule 10(7) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, the order of suspension made or deemed to be made would not be valid after a period of 90 days unless it was extended after review for a further period of 90 days.”

Case Briefs High Courts

Mere statement of aggrieved person disclosing prima facie ingredients of the offence sufficient to sustain charges under SC/ST Act: Kerala HC

“Just because the witnesses’ statements do not disclose any overt act, that by itself would not be a ground to discharge the accused as law does not insist plenty of witnesses to prove an offence and the evidence of a solitary wholly reliable witness would suffice the purpose.”

Case Briefs High Courts

Bombay HC imposes Rs 50,000 costs on litigant for unverified AI- Generated Submissions

“If an AI tool is used in aid of research, it is welcome; however, there is great responsibility upon the party, even an advocate using such tools, to cross verify the references and make sure that the material generated by the computer is really relevant, genuine and in existence.”

Case Briefs High Courts

Karta’s liability for HUF debts is personal and unlimited; ‘Seat Court’ retains jurisdiction to enforce award beyond territorial limits: Bombay HC

“Karta’s liability for unsatisfied debts or dues of the HUF is personal and unlimited. The Karta’s contention that HUF was a separate entity or akin to a body corporate was rejected and it was clarified that this was only for limited purposes like taxation or at most where liability beyond even the Karta.”

Case Briefs High Courts

Hindu wife can claim maintenance from husband’s immovable property beyond HAMA: Kerala High Court

“A Hindu wife’s right to have maintenance from her husband’s properties originated the moment she got married to him. Her right remained dormant until denial of maintenance or initiation of legal proceedings, at which point it transformed into an inchoate right and later crystallised into a charge upon judicial declaration.”

Case Briefs High Courts

Kerala HC stays Memo of Charges issued against Registrar by Kerala University VC regarding Bharat Mata Portrait Row

“As per Section 10(13) of the Kerala University Act, 1974, the VC may only exercise powers of the Syndicate or the Academic Council in cases of emergency when the Syndicate is not in session, and any such action must be reported to the Syndicate or Academic Council at its next session.”

name change in marriage certificate after conversion

Case Briefs High Courts

Kerala HC permits name change in marriage certificate after woman’s religious conversion under Article 226

“Rule 13 of the Kerala Registration of Marriage (Common) Rules, 2008 restricts major changes in the marriage register, permitting only corrections of errors in form or substance or fraudulent or improper entries, subject to conditions in sub-rule (2).”

Section 9 Kerala Devaswom Recruitment Board Act

Case Briefs High Courts

Kerala HC strikes down S. 9 of Kerala Devaswom Recruitment Board Act; upholds Guruvayoor Devaswom’s statutory autonomy over appointments

“It is settled that a special law prevails over a general law, and a non obstante clause in a later enactment cannot obliterate the legislative intent of a prior special statute, particularly one governing a unique and constitutionally protected religious institution like the Guruvayoor Devaswom.”

Case Briefs High Courts

Kerala HC calls out delay in enacting Anti-Superstition Law, Directs State to consider Special Cell as interim measure to address complaints

“The Court noted the relevance of Article 51-A(h), which enjoins citizens to develop a scientific temper, humanism, and the spirit of inquiry, and the petitioner’s reliance on Article 21 of the Constitution, and that despite repeated adjournments and assurances, the State had neither enacted legislation nor conclusively declined to do so over a span of nearly four years.”