Apoorva, Author at SCC Times

Supreme Court refuses to entertain plea questioning inauguration of new Parliament building by PM Modi and not by President Droupadi Murmu

Supreme Court said that the petitioner has no locus to file the petition to sought inauguration of new Parliament building by the President and not the Prime Minister of India and that he should be grateful that the Court is not imposing any costs on him.

Case Briefs High Courts

Denying sexual intercourse to spouse, without sufficient reason amounts to mental cruelty: Allahabad High Court grants divorce

Allahabad High Court said that the Court below has adopted a hyper technical approach and passed the dismissal of the husband’s divorce petition

Case Briefs High Courts

Sub Divisional Magistrate exercising adjudicatory powers, acts as Revenue Court subject to control and supervision of Board of Revenue: Allahabad High Court

Allahabad High Court said that when a superior court issues an order of remand to an inferior court with certain directions, the latter is obligated to decide in accordance with the said directions.

Case Briefs Supreme Court

Explained| Supreme Court judgment allowing ED probe against TN Minister Senthil Balaji in Cash for Job Scam

What was compromised between the complainant and accused is not just their disputes, but justice, fair play, good conscience and the fundamental principles of criminal jurisprudence. In fact, the case at hand is one where there are two teams, but no one knows who is playing for which team and where the match was fixed.

Case Briefs High Courts

General principle of simultaneous action will not apply in departmental and criminal proceedings covered by Bipartite Settlement: Allahabad High Court

Allahabad High Court said that the Tribunal has not considered the effect of acquittal of the petitioner from the identical criminal charges. The judgment is completely silent about the same. This is an apparent perversity on the part of the Tribunal.

Case Briefs Supreme Court

Seeking appointment of Arbitrator beyond three years is barred by limitation: Supreme Court reiterates

Supreme Court said that whether any particular facts constitute a cause of action has to be determined with reference to the facts of each case and with reference to the substance, rather than the form of the action. If an infringement of a right happens at a particular time, the whole cause of action will be said to have arisen then and there.

Case Briefs High Courts

Judiciary candidate by mistake applied as ‘Dependent of Freedom Fighter’; Allahabad High Court allows her to provisionally appear in mains exam

Allahabad High Court granted two weeks’ time to UPPSC to file a reply and the candidate one week thereafter to file a rejoinder affidavit

Case Briefs High Courts

Compounding of unauthorised constructions cannot be considered pursuant to the order of remand: Allahabad High Court quashes remand order

Statute cannot be read in a manner so as to confer immunity upon the resourceful people to violate law and permit them to continue to enjoy such violation for all times to come by paying some amount to the Authority.

Case Briefs High Courts

Who is liable for unauthorised transactions via prepaid payment instruments? Madras High Court answers

Madras High Court said that the RBI guidelines are issued not as a formality, but the entities subjected to the RBI regulations should comply with the conditions of the master circular in its true letter and spirit

Case Briefs High Courts

Can Schools Conduct Special Classes During Summer Break? Madras High Court answers

there are several schools conducting special classes all over the Tamil Nadu. However, the petitioner has filed this writ petition only targeting the respondent school. Therefore, it is clear that it is not a Public Interest Litigation.

High Court Round Up Legal RoundUp

HIGH COURT MAY 2023 WEEKLY ROUNDUP| Stories on Gyanvapi Mosque; Prabhat Gupta’s murder case; Gas Migration Dispute; Gautam Gambhir defamation case; Online gaming; and more

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

Case Briefs High Courts

Allahabad High Court acquits four accused including MoS Ajay Mishra in Student leader Prabhat Gupta’s murder case

The commission of an offence and complicity of the offenders are two different realities. The complicity of an offender must provenly be established connected to the commission of charged offence, then only it is permissible for a court of law to derive the product of conviction, failing which, the acquittal is the rule.

Case Briefs High Courts

Can Judicial officers take recourse to judicial proceedings for arrears of rent? ; Allahabad High Court answers

Allahabad High Court clarified that the decision rendered in Divakar Dwivedi case must apply to all the Judicial Officers, irrespective of the fact that they had not filed writ petitions.

Case Briefs High Courts

Can the Trial Court grant maintenance from the date of the order in view of Rajnesh vs. Neha case? Allahabad High Court answers

Trial Court is not barred from granting maintenance from the date of the order if there are circumstances and reasons for doing the same

Case Briefs Supreme Court

Supreme Court Constitution Bench holds Jallikattu, Kambala and bull -cart racing legal

The Supreme Court said that this decision on the Tamil Nadu Amendment Act would also guide the Maharashtra and the Karnataka Amendment Acts. Thus, it held that all the three Amendment Acts are valid legislations .

Case Briefs High Courts

Demand notice cannot be faulted if any other sum indicated in addition to said amount under S. 138(b) of NI Act: Allahabad High Court reiterates

Allahabad High Court reiterated that the demand notice should be read as a whole. In the demand notice, the holder or payee can demand to pay out for the said amount, i.e., cheque amount.

Case Briefs Supreme Court

Small-scale industries not exempted from sales tax for tea blending after amendment, holds SC; delivers split verdict doctrine of legitimate expectation aspect

“When a legitimate expectation of a specific outcome is created by a public authority, the said public authority is required to take into account such expectation created by it when making a decision that affects the interests of the individual or group” –Justice Krishna Murari

Case Briefs Supreme Court

[WBHIRA ultra-vires of RERA] All complaints filed before WB HIRA Authority stand transferred to RERA: Supreme Court

Supreme Court said that any person aggrieved by an order passed under WBHIRA will be at liberty to pursue the corresponding remedy which is available under the RERA.

Case Briefs High Courts

[Gyanvapi Mosque case] Allahabad High Court directs ASI to conduct scientific investigation of Shivlingam without causing damage to it

Allahabad High Court observed that the technical and scientific report of the Archaeological Survey of India has opened ways for carrying out scientific investigation of the site / Shivlingam without causing any damage to the structure in question

Case Briefs High Courts

Explained| Allahabad High Court order upholding State Government’s decision to cancel Ziledari Qualifying Examination 2018

Allahabad High Court said that recruitment has to be fair, transparent and accountable, if there are irregularities and malpractices and illegality in the recruitment process, it would undermine very legitimacy of the recruitment process