Apoorva, Author at SCC Times

Why did Allahabad High Court grant full and proper security to Mukhtar Ansari?

Allahabad High Court said that though it is not against media taking interview of Mukhtar Ansari but looking to the recent episode of Atiq Ahmed, this restriction would be in the interest of the under-trial prisoner for their safety and security

Case Briefs High Courts

No presumption of rape can be made out between minor wife and husband if physical relationship is specifically denied: Allahabad High Court

Mazid Bayan is also a part of investigation, and it can be relied on by Investigating Officer while filing a final report/ charge sheet and only caveat is that it may not be a tutored statement or recorded only for the purpose of predetermined object to continue investigation in a particular way and it may not be on whimsical approach of Investigating Officer.

Case Briefs Supreme Court

“Voting by secret ballot should not be the rule but clearly an exception”; Supreme Court modifies guidelines for designation of Senior Advocates

Supreme Court said that the process of improvement is a continuous one and that it learns from every experience. This ruling is one more step in the fine-tuning system of designation of Senior Advocates, and it hopes it achieves the purpose.

Case Briefs Supreme Court

Explained| Supreme Court judgment settling tussle between Delhi Govt and Centre

In the spirit of cooperative federalism, the Union must exercise its powers within the boundaries created by the Constitution. NCTD, having a sui generis federal model, must be allowed to function in the domain charted for it by the Constitution. The Union and NCTD share a unique federal relationship. It does not mean that NCTD is subsumed in the unit of the Union merely because it is not a “State”.

Law made Easy

Explained| Article 143 of the Constitution of India

The first reference under Article 143 was made in the Delhi Laws case, wherein, the President referred three questions to the Supreme Court for its opinion.

Case Briefs Supreme Court

[Delhi Govt. vs LG] Delhi Government has administrative control over transfers and postings of civil servants in NCTD: Supreme Court

Supreme Court said that NCTD like other states also represents the representative form of government, the involvement of Union of India in the administration of NCTD is limited by Constitution provisions and any further expansion will be contrary to the constitutional scheme of governance.

central electricity regulatory commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

CERC issues ‘Category IV’ licence to THDC India Ltd for inter-State trading in electricity in whole of India

In accordance with Regulation 3(3) of the Trading Licence Regulations, for a person applying for Category `IV`, a trading licence should have a net worth of Rs. 10 crore and should have maintained minimum current ratio and liquidity ratio of 1:1, as on date of audited balance sheet accompanying the application.

Case Briefs High Courts

Madras High Court directs Tamil Nadu Bar Council to initiate disciplinary action against Advocates issuing fake marriage certificates

Madras High Court opined that this is a fit case to refer the matter to the Bar Council of Tamil Nadu to initiate disciplinary action against the advocates who performed the marriage.

Case Briefs High Courts

Death of victim cannot be termed as “not under normal circumstances”; Allahabad High Court grants anticipatory bail in dowry death case

Section 438 was inserted in CrPC as it was seen that the influential persons try to implicate their rivals in false cases for the purpose of disgracing them by detaining them in jail for some time. It is true, such powers are to be exercised in exceptional cases. The prosecution cannot be permitted to be converted into an arena to settle scores.

Case Briefs High Courts

Allahabad High Court cancels entire selection process for the post of Principal of State Homeopathy Medical College

Allahabad High Court said that the State authorities sat over the matter in a highly arbitrary and illegal manner. The Commission has also, in a highly arbitrary and illegal manner, proceeded with the selection without even verifying the qualifications of the participants. This has vitiated the entire selection process.

Case Briefs Supreme Court

Supreme Court stays Allahabad HC order directing UP Schools to refund or adjust 15 % school fees paid during Covid-19 pandemic

Supreme Court stayed the operation of the Allahabad High Court's judgment to the extent it directs refund of the fee paid to ex-students, till the next date of hearing.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Income Tax Appellate Tribunal directs Assessing Officer to charge assessee at gross profit rate of 6.5% on bogus purchases

ITAT said that the entire addition has been made by the AO as well as CIT based on guess work and estimation based on some alleged information received from Sales Tax Department of Maharashtra and from DGIT that “the assessee has taken bogus purchase bills without having taken any delivery of the goods”, without applying their mind.

Case Briefs Supreme Court

Reservation in favour of residents of a State permissible, but wholesale reservation unconstitutional; Supreme Court reiterates

Supreme Court said that the State Government may examine the data of last few years, to come to a realistic finding as to what should be the extent of these reservations. A wholesale reservation is not serving any purpose, rather it frustrates the very purpose of the reservation

High Court Round Up Legal RoundUp

HIGH COURT MAY 2023 WEEKLY ROUNDUP| Stories on JEE Main 2023 eligibility; Manipur Violence; Chanda Kochhar retirement; Rehabilitation and Redevelopment of Slums and more

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

High Court Round Up Legal RoundUp

HIGH COURT APRIL 2023 ROUNDUP| 100+ Stories on Aarey Car Shed Project; Kanpur Bar Association Strike; Bhushan Steel scam; Rahul Gandhi’s Defamation Case; and more

A quick legal roundup to cover important stories from all High Courts in April 2023

Case Briefs Supreme Court

Does everything said by a Judge while giving judgment constitute a precedent? Supreme Court explains

Supreme Court said that the distinction between obiter dicta and ratio decidendi in a judgment, as a proposition of law, has been examined by its several judgments.

Case Briefs Supreme Court

Supreme Court| Candidates for post of private secretaries at Delhi HC entitled to notional seniority in accordance with revised marks

Supreme Court said that there was no fault on the part of the appellants. It was because of the wrong marking at the relevant time that they were deprived of the appointments, and they were not placed in the merit list, and such was required to be corrected on the revision of the marks on re-evaluation.

Case Briefs High Courts

‘Victim’s date of birth recorded in school records not free from doubt’; Allahabad High Court acquits POCSO Convict on benefit of doubt

Allahabad High Court said that the admission form has not been filled in by the parents of the victim, but by a stranger, whose credentials are unknown. Thus, the significance of victim’s medical age determination will be considered, as per which, she was a major on the date of the incident.

Case Briefs High Courts

Madras High Court grants Rs. 3 lakhs compensation to a woman for failed Puerperal Sterilization operation

Madras High Court said that the people of the country who co-operate by offering themselves voluntarily for sterilization reasonably expect that after undergoing the operation, they would be able to avoid further pregnancy and consequent birth of additional child.

Case Briefs High Courts

Can arrears of maintenance, being property of the wife, devolve on the husband after wife’s death? Madras High Court answers

Madras High Court said that after divorce when the spouses have ceased to be husband and wife, proprietary right of both the spouses also get affected.