Editor_4, Author at SCC Times

Teachers of unaided private schools are entitled to same pay as government schools: Delhi High Court

“Private unaided schools are also amenable to Writ Jurisdiction as they carry out public function discharged by the State under Article 12 of the Constitution.“

Case Briefs High Courts

Gujarat High Court discharges Man from charges of rape by calling it a case of consensual sex and not false promise of marriage

The Complainant had filed a second FIR against the accused just after the parties had arrived at a settlement before the Court and the first FIR against the accused was quashed.

Case Briefs High Courts

Rape versus ‘Aggravated sexual assault’ under POCSO: Why Orissa HC set aside Trial Court order convicting Man for Rape

The Court found that none of the acts of the convict would come within the definition of ‘rape’ under Section 375 of the IPC or ‘penetrative sexual assault’ under Section 3 of the POCSO Act.

Case Briefs High Courts

Appeal on concurrent jurisdiction stands dismissed, as it fails to comply the test of Section 10 of CPC: Himachal Pradesh HC

If plaint filed in different courts are read juxtaposing each other it cannot be concluded that similar and identical issues are involved in both the cases.

Case Briefs Supreme Court

Judicial Body like NGT cannot simply accept Expert Committee recommendations without complying with Principles of Natural Justice: SC

The Court observed that the recommendations made by an Expert Committee are not binding on the NGT, they are only by way of assistance to enable the NGT to arrive at a correct decision in the matter.

Hot Off The Press News

Delhi Liquor Excise Policy Scam: Supreme Court issues Notice to CBI and ED on Manish Sisodia’s Bail Plea

The Delhi High Court and Rose Avenue District Court had previously denied the Ex-Deputy Chief Minister’s Bail plea.

Case Briefs High Courts

‘AMPT Road to be in top condition’; Meghalaya HC directs State PWD to undertake complete overhauling

The Court also expressed its concern about the same excuse of rain being given by the State to justify the poor conditions of some of the roads, despite it being well known that Meghalaya is one of the wettest places in the world.

Case Briefs High Courts

Constitutional Courts to tread with caution while dealing with challenges to Orders of Specialised Tribunals: Meghalaya HC

The Constitutional Courts would not interfere with a view expressed on interpretation unless it appears to be grossly inappropriate and outlandish.

Case Briefs High Courts

Setback for Former Hockey Player Birendra Lakra; Orissa HC orders fresh Probe into Friend’s Death

The Court said that proper and fair investigation is sine qua non of criminal jurisprudence and directed the CID-Crime Branch to reinvestigate the case.

Case Briefs High Courts

Failure in Verifying Address of Bail Applicant even after Sufficient Opportunities, Orissa HC warns of Contempt Action against Erring Officials

The Constitution of India embodies a federal structure of Government which essentially requires a strong sense of cooperation among not only the Government at the Centre and the States but also the provincial Governments inter se.

Case Briefs High Courts

[Dishonour of cheque] Rajasthan HC suspends sentence of convict and grants him bail till final disposal of Revision

Rajasthan High Court said that the hearing of revision is likely to take more time, thus, it is a fit case for suspending the sentence awarded to the convict.

Case Briefs High Courts

Fake Mark-Sheets for LLB Admission; Gujarat HC upholds decision of Veer Narmad South Gujarat University cancelling Student’s Result

The Court said that the student could not be permitted to take advantage of his own wrong and fraud.

Case Briefs Supreme Court

Adherence to Article 14 by State must even while acting in Contractual Realm: Supreme Court

The question before the Court was whether an application remaining pending for an unreasonable period could in itself be classified as an arbitrary and unreasonable act?

Op Eds OP. ED.

Interim Compensation in Rape Cases: Balancing the Rights of the Accused and the Victim within the Trial Court’s Jurisdiction

by Shrushti Taori†

Hot Off The Press News

Article 370 matter back on track after 2020: Shah Faesal, Shehla Rashid drop out as Petitioners; Cause Title amended to ‘In Re: Article 370 of the Constitution’

The hearing of the matter will begin from 02-08-2023. Here is all you need to know about the Article 370 of the Constitution case.

Case Briefs High Courts

‘Lift Manipur Internet ban; Provide FTTH on case-to-case basis’; Manipur HC directs State

For Fiber to the Home, the High Court had directed the State to lift internet ban on a case-to-case basis after ensuring that all the stakeholders have duly complied with the safeguards given by the Expert Committee.

High Court Round Up Legal RoundUp

HIGH COURT JULY 2023 WEEKLY ROUNDUP| Stories on NEET-PG 2023; West Bengal Panchayat Elections; Rs. 2000 banknotes; Teesta Setalvad; Glemark Pharmaceuticals and more

A quick legal roundup to cover important stories from all High Courts this week.

Case Briefs High Courts

Extension in service counts as qualifying service for pension, gratuity and increments; Himachal Pradesh HC imposes Rs. 10,000 cost on State

The State acts as a model employer that can’t discriminate among its employees and give a benefit that is conferred under the applicable rules/instructions to some, and deny the same to others.

Case Briefs Supreme Court

Condition of Right to Repurchase in Sale Deed not Personal unless specifically stated: SC

The Court also said that the right to repurchase can always be assigned and the contract containing such condition shall be enforceable, with only exception that such a right should not be personal in nature.

Case Briefs High Courts

50-60% Power shortage completely unacceptable; Meghalaya HC pulls up State for inadequate supply of electricity

The Court directed the State to file a more comprehensive report indicating the measures taken to obtain additional power from the national grid and other sources that are available to reduce the shortfall.