Apoorva, Author at SCC Times

Supreme Court institutes suo motu case after Justice V Srishananda’s controversial comments; Seeks report from Karnataka High Court

Justice Vedavyasachar Srishananda was appointed as Additional Judge of the Karnataka High Court and taken oath on 04-05-2020 and was made permanent judge on 25-09-2021.

Case Briefs Supreme Court

Supreme Court directs Indian Oil Corporation to handover possession of disputed property to landowner on or before 31-03-2025

Supreme Court permitted the petitioners to initiate contempt proceedings in addition to any other remedy which may be available to him, in case of failure to comply with the given directions.

Case Briefs High Courts

Madras HC directs Veterinary University to consider application of transgender person for admission under Special Category

Madras High Court directed the University to not reject the application of the petitioner on the ground of being a transgender person.

Case Briefs High Courts

Allahabad High Court upholds Family Court’s order calling for expert opinion on wife’s mental health at stage of evidence in divorce proceedings

Allahabad High Court directed for constitution of a team of doctors by the CMO within a period of one week from the date of certified copy of this order is served on the said authority.

Case Briefs High Courts

Filing of written statement after expiry of 30 days can be accepted only if there is an application in writing for condonation of delay: Madras HC

If the power is given to do a certain thing in a certain way, the thing must be done in that way.

Hot Off The Press News

[Kolkata Rape and Murder case] West Bengal Govt. cannot prevent women doctors from working night shifts or beyond 12-hour shift: Supreme Court disapproves Govt. Notification

Supreme Court also asked the State Government to take necessary steps to ensure biometric facilities for controlling access to the duty rooms and rest rooms.

Case Briefs High Courts

Can a writ court entertain a petition seeking ordinary leave for prisoners if it is filed before the expiry of statutory period? Madras HC answers

“Failure in complying with the Tamil Nadu Suspension of Sentence Rules, 1982 regarding adherence of time limit contemplated is to be construed as lapse, dereliction of duty or negligence, as the case may be and appropriate disciplinary actions are to be initiated against the Officials, who all are responsible for such misconduct”

Case Briefs High Courts

Allahabad High Court reiterates scope of judicial review in terms of tender prescribing eligibility criteria

“The writ Court is not required to find fault of the authorities with a magnifying glass rather the Court should examine the decision-making process and also leave room for interpretation of the contract by the authorities.”

High Court Round Up Legal RoundUp

HIGH COURTS SEPTEMBER 2024 WEEKLY ROUNDUP| Read latest updates on Arvind Kejriwal; Manu Bhaker Interview row; DHFL Bank Fraud case; and more

Take a quick glance at what the High Courts were discussing in this late Monsoon season

Case Briefs Supreme Court

Supreme Court upholds Manipur HC order refusing to dismiss Election petition against MLA KH Hangshing, under O.7 R.11 CPC

Supreme Court reiterated that the Election Petition should not be rejected at the very threshold where there is a “substantial compliance” of the provisions.

Case Briefs Supreme Court

Application for extension of time for passing arbitral award under Section 29A of Arbitration Act is maintainable even after 18-month deadline for making of award: SC

“Section 29A intends to ensure the timely completion of arbitral proceedings while allowing Courts the flexibility to grant extensions when warranted. Prescribing a limitation period, unless clearly stated in words or necessary, should not be accepted. Bar by limitation has penal and fatal consequences.”

Hot Off The Press News

SC stays NGT order restricting number of Dhol, Tasha, Zanj performers for Ganesh Visarjan in Pune

The NGT had directed to restrict the total number of Dhol, Tasha, Zanj Groups to only 30 per group along with real time monitoring of noise pollution around each Ganesh pandal and initiating criminal proceedings against the violators.

Case Briefs Supreme Court

Supreme Court imposes Rs.10 lakh costs on National Medical Commission over challenge to Medical College’s approval for increase of seats

“Making a party run from Court to Court to seek permission, specifically when the institute concerned is not a new institute and has been running for the last 18 years, is only an attempt to harass the institution. Particularly, when the approval granted earlier for the academic year 2023-2024 was withdrawn, no deficiency, except non-grant of COA, was pointed out”

Case Briefs High Courts

Madras High Court waives Swiss Garnier’s pre-deposit contemplated under S. 19 of MSMED Act for setting aside an award

The statutory authority under the MSMED Act would only have the jurisdiction to entertain a dispute when the supplier had been registered as a Micro or Small enterprise under the MSMED Act at that relevant point of time.

Case Briefs High Courts

Can Muslim wife claim interim maintenance under S.151 CPC while seeking divorce under Dissolution of Muslim Marriage Act? Madras HC answers

“Since the legislature cannot contemplate a solution to all the problems that are presented in Society. Within the broad framework that is laid down by the legislature, Courts will have to find a solution to the individual cases.”

Case Briefs Supreme Court

Accused in custody can apply for anticipatory bail in connection with a different case: Supreme Court

“When procedural law doesn’t preclude the investigating agency from arresting a person in relation to a different offence while he is already under custody in some previous offence, the accused too cannot be precluded of his statutory right to apply for anticipatory bail only on the ground that he is in custody in relation to a different offence.”

Case Briefs Supreme Court

Supreme Court sets aside MP High Court order transferring toddler’s custody from maternal aunts to father; Allows father and grandparents to meet child once a fortnight

Supreme Court said that this is not a case where custody of the child can be disturbed in a petition under Article 226 of the Constitution of India.

Case Briefs Supreme Court

Supreme Court permits bank employees who secured job under SC/ST category to retain jobs despite caste descheduling by Karnataka Government

Supreme Court reiterated that neither State Government nor Courts have the authority to modify Scheduled Castes list promulgated by Presidential order

Events/Webinars News

Live | Uzbek Arbitration Week (08-13 September, 2024)

This post provides an overview of the key highlights from the Uzbekistan Arbitration Week

Case Briefs Supreme Court

‘Chief Justice cannot individually reconsider recommendation’; SC directs HP High Court Collegium to collectively reconsider elevation of two District Judges

“This appears to be a case where there was no collective consultation amongst the three Constitutional functionaries of the High Court i.e. the Chief Justice and the two senior-most companion judges. The absence of plurality, in reconsideration as directed by the Supreme Court Collegium, is discernible.”