Arushi, Author at SCC Times

vague uncertain agreements not capable of specific performance

Never Reported Judgment| Vague and uncertain agreements in a contract are not capable of specific performance [(1952) 2 SCC 547]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on specific performance of contract.

Case Briefs High Courts

‘Right to health, heritage and culture must be harmonised and balanced’; Delhi High Court in a petition seeking to desist from demolishing religious structures

“The petitioner submitted that Dargahs and surrounding monuments ought to be protected as they are of historical, artistic and archaeological interest. Further, the sites in question have been noted in authoritative studies, thus eliminating any question of encroachments.”

Case Briefs High Courts

State first-responder to grievance put forth by citizens; ought to pass appropriate speaking orders addressing aggrieved employee’s concerns: Raj HC

“Rendering the representations preferred by the aggrieved employees mute, by way of non-consideration by the State, is reflective of conduct unbecoming of government servants who are tasked with the noble responsibility to serve the citizens.”

Case Briefs High Courts

Delhi HC refuses to mandate criminal courts to issue notice to complainant/victim at pre-trial stage, says ‘such direction likely to work against objective of expeditious trials’

“The petitioner’s suggestion that it should be made mandatory for the Criminal Court to issue a notice to the complainant/victim at every stage of the pre-trial and trial in criminal proceedings, if accepted would act as ‘a treatment worse than the disease’.”

Case Briefs High Courts

‘Incidents of sexual exploitation in this case unveiled a troubling reality’: Delhi HC denies anticipatory bail to husband accused of sexually abusing his wife

“Considering the gravity of the offence committed by the husband, and the thought process that, as a husband, he was entitled to sexually, physically, and economically abuse his wife to the extent as mentioned in the complaint, goes against the very intent of the law of this country.”

Case Briefs High Courts

Electricity Department cannot escape its responsibility of paying compensation to dependents of electrocuted victims by citing negligence on victim’s part: Chhattisgarh HC

“The law of limitation in India identifies the need for limiting litigation by striking a balance between the interests of the state and the litigant. So, when the beneficiaries, for a cause of action, are minors, it cannot be said that they are sleeping over their rights.”

foeticide not ethical if no danger to carry on pregnancy

Case Briefs High Courts

Foeticide neither ethical nor legally permissible, if no danger to carry on with pregnancy with healthy and viable foetus: Delhi High Court

“If the petitioner is inclined to give the newborn child to adoption, then the petitioner is at liberty to approach the Union of India and the Union of India is directed to ensure that the process of adoption takes place at the earliest and in a smooth fashion.”

Case Briefs High Courts

Adulterous spouse is not equivalent to incompetent parent; extramarital affair of either spouse cannot be the sole reason to determine child’s custody: Delhi HC

“The relationship between the father and the mother as husband and wife may not have been of trust, faith and cordiality, but their relationship inter se cannot be held to be the determining factor for working out the custody plan of the children.”

Case Briefs High Courts

Constant taunts on husband’s financial capacity, disrupting family relations will cause disquiet in husband’s mind, thus amounts to mental cruelty: Delhi HC upholds divorce

“Pressurizing spouse to fulfil distant and whimsical dreams clearly not within his financial reach may create a sense of persistent dissatisfaction which would be sufficient mental strain to drain the contentment and tranquillity out of any married life.”

Case Briefs High Courts

‘Court cannot turn its back on distressed family’: Delhi HC quashes FIR against a man accused under POCSO after considering his happy married life with victim

“The petitioner’s prosecution and conviction will lead to pain and tears in the eyes of the family members and future of two families will be at stake, whereas, if the impugned FIR is quashed, it would serve the ends of justice.”

Case Briefs High Courts

Medical Assessment and Rating Board lacks jurisdiction to retrospectively cancel admissions by medical colleges/institutions: Rajasthan High Court

“Medical institutions, having admitted hundreds of students, play a vital role in the healthcare and education sectors. Fair and systematic approach is imperative to avoid abrupt refusals and ensure a gradual fulfilment of infrastructural and faculty requirements.”

Case Briefs High Courts

Delhi HC directs Union of India to frame guidelines specifying exceptional medical grounds when minors can be allowed to donate live tissues and organs

“What are the exceptional medical grounds have not been laid down and this can lead to arbitrariness in the matter of grant of permission for such donations.”

Case Briefs High Courts

Conclusive Report of Central Drugs Laboratory u/s 25(4) of Drugs and Cosmetics Act, 1940 supersedes Government Analyst’s report: Himachal Pradesh HC

“The report of the Central Drugs Laboratory, Kolkata clearly shows that the sample was found to be conforming to the standard laid down, hence, the case of the prosecution that the Drug did not conform to the standard has been falsified by this report.”

Case Briefs High Courts

No conviction for causing miscarriage if there is no expulsion of embryo or foetus from the mother’s womb: Chhattisgarh HC

“Since miscarriage itself has not been proved beyond doubt, the other ingredients that Appellant 1 did that act with such intention and the miscarriage caused the death of woman and without the consent of woman are absolutely missing.”

Case Briefs High Courts

Installation of mobile tower is not public utility service u/s 22A(b) of Legal Services Authority Act: Raj HC

“Jaipur Development Authority wrote to the petitioner that NOC was granted to it for the location near Shanti Marriage Garden, but the tower was installed elsewhere against the terms and conditions of the NOC.”

Case Briefs High Courts

Gag orders should be passed to prevent substantial risk to fair trial; Delhi High Court imposes cost of Rs. 10,000 on a man seeking gag order against newspapers

“One has to carefully see the nature of the publication and find out as to the content of the publication will cause prejudice to the trial of a case or not.”

Case Briefs High Courts

Court barred from taking cognizance of defamation on police report, it can only be taken on complaint filed by aggrieved party: Delhi High Court

“It is also the case of complainant that the accused persons including the petitioner had been defaming the complaint regularly through social media and the social media posts of the alleged incidents are even available on internet till date.”

circumstantial evidence conclusive in murder case

Cases Reported Never Reported Judgments

Never Reported Judgment| Circumstantial evidence must be very strong and conclusive for conviction in murder case (1952) 2 SCC 491

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on circumstantial evidence.

Case Briefs High Courts

Non-filing of GST returns for some period does not mean taxpayer’s GST registration will be cancelled retrospectively: Delhi HC

“The registration cannot be cancelled with retrospective effect mechanically. It can be cancelled only if the proper officer deems it fit do so. Such satisfaction cannot be subjective but must be based on some objective criteria.”

Case Briefs High Courts

Complaint/FIR filed by second wife for offence u/s 498A of IPC against husband or in-laws will not be tenable: Chhattisgarh High Court

“It is vividly clear that when there are conflicting judgments of the Supreme Court of benches of equal strength, it is the earlier one which is to be followed by this Court.”