Ritu, Author at SCC Times

Exemption from Efficiency Test for promotion is a one-time exception, not a matter of Right: Rajasthan High Court

“A government employee cannot claim promotion as a matter of right and he can only be considered for promotion according to the extant Rules.”

Case Briefs High Courts

Rajasthan High Court admits plea challenging installation of retail fuel outlet near 11,000 KV High-Tension Line

“The Court granted liberty to respondent, HPCL, to invite respondent to establish the retail outlet at an alternative location pursuant to the Letter of Intent (LOI) issued to him.”

Case Briefs High Courts

MP High Court strikes down notification exempting 62 Species of ‘Forest Produce’ from Transit Rules

“Right to life is deeply entrenched in the protection and conservation of environment, forests, and all the natural resources of the State, as a facet of Article 21 read with 48-A of the Constitution of India.”

Case Briefs High Courts

Rajasthan High Court issues direction for Aviation Infrastructure Development in Jodhpur

“Despite being a historically significant city and a tourist destination, Jodhpur airport remains limited in capacity, with fewer direct flights to and from the major cities. This lack of efficient air travel options makes it less accessible as compared to other major cities of the country, limiting business as well as tourism potential.”

Case Briefs High Courts

Compelling wife to discontinue her studies is equivalent to destroying her dreams & amounts to Mental Cruelty: MP High Court

“Forcing wife to live with a person who is neither educated nor eager to improve himself certainly amounts to mental cruelty.”

Case Briefs High Courts

Beawar Sexual Exploitation Case | Rajasthan High Court stays demolition drive on accused’s properties till next date of hearing

The instant matter pertains to issuance of demolition notices by Bijainagar Municipality to the petitioners, following the arrest of certain accused individuals from their families allegedly involved in sexually exploiting minor girls.

Case Briefs High Courts

MP High Court acknowledges privacy concerns in photo-based attendance system; suggests alternative attendance method for female teachers & students

“Till a solution is found, female teacher will be permitted to send photographs of the Campus or Office of the Principal treating it to be attendance.”

Case Briefs High Courts

Man in live-in relationship with his married sister has no right to file Habeas Corpus petition: Rajasthan High Court

“There is no fundamental right of a person to have a live-in relationship with a woman legally married to another man and, more particularly, when the woman appears to be his own sister.”

Case Briefs High Courts

‘Don’t disturb communal harmony’; Rajasthan High Court quashes notification creating new revenue village named after local deity “Gogaji”

“The purpose and intention to incorporate Clause 4 in Circular dated 20-08-2009 is that “no particular person, caste, sub-caste or religion should be given undue advantage disturbing the communal harmony in the society.”

Case Briefs High Courts

“FIR against Arnab Goswami a tool for intimidating & silencing independent journalism”; Rajasthan High Court allows stay application

“The selective initiation of criminal proceedings against the Petitioner while similar reports were aired by various media houses raises a serious question about the impartiality of the investigation and its underlying motive.”

Case Briefs High Courts

“Time is a valuable Resource’; MP High Court directs for policy review in PIL against ‘displaying long advertisements in movie theatres’

The Court acknowledged the concerns raised by the petitioner, however, asserted that the “issue at present is not ripe for adjudication before this Court.”

Case Briefs High Courts

FSL report must be obtained on priority, preferably within 60 days: Rajasthan High Court grants bail

“Whether the investigation under NDPS Act is to be completed within 60 days or 180 days is totally dependent upon FSL report.”

Case Briefs High Courts

Madhya Pradesh High Court gives green flag for removal of BRTS Corridor in Indore

“Huge increase in volume of traffic and everyday traffic congestion in both sides of the BRTS Corridor persuaded the Expert Committee to conclude that BRTS Corridor has lost its utility in the present-day scenario.”

Case Briefs High Courts

Reformative approach be taken while evaluating past youthful indiscretions of candidates seeking government employment: Rajasthan High Court

The Court called for a mechanism to be devised in juvenile justice system by expungement of records for minor offenses committed by youth so as enable their easier rehabilitation and also prevent youthful mistakes from becoming lifelong barriers to personal and professional growth.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT rejects Vedanta Ltd.’s demerger plan over non-disclosure of SEPCO’s debt and procedural irregularities

“The present one is a case where material facts have not been disclosed by the Applicant Company, violating Section 230 (2)(a) of the Companies Act, 2013, which in our considered opinion is bound to prejudice the public interest at large.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Electricity is an “essential service” under Section 14(2) IBC; can’t be discontinued even if dues remain unpaid during CIRP: NCLAT

“If the Corporate Debtor operates as a manufacturing facility, then electricity may be treated as critical service by the insolvency professional and the dues for such services must be paid.”

Case Briefs High Courts

Electricity Act | Jurisdiction to impose civil liabilities for electricity theft lies with Special Court, not Administrative Authorities: MP High Court

“Section 154(5) of the Electricity Act, 2003 gives exclusive jurisdiction to the Special Court to determine civil liability in electricity theft cases.”

Case Briefs High Courts

S. 85 of Waqf Act | Waqf Tribunal has exclusive jurisdiction over disputes once a property qualifies as ‘Waqf by user’: Rajasthan High Court

“It is not disputed that Masjid is a place used for religious purpose for praying Namaz etc., therefore, it comes within the definition of ‘Waqf’.”

Case Briefs High Courts

MP High Court lays down SoPs for termination of pregnancy up to & exceeding 24 weeks in sexual assault cases

The Court stated that failure to comply with Court’s guidelines will amount to contempt of court, and strict contempt proceedings will be initiated against the erring officers under the Contempt of Courts Act, 1971.

Case Briefs High Courts

‘Right to be forgotten’ for juvenile by destroying record of juvenile delinquency is an absolute right: Rajasthan High Court

“For the welfare of a child, the burden of past mistakes must be lifted, offering him a fresh start to thrive, free from the weight of stigma.”