Apoorva, Author at SCC Times

[2008 Riots Case] Why did Allahabad High Court stay sentence awarded to BJP MP Kamlesh Paswan during the pendency of revision?

Allahabad High Court noted that last year, the Trial Court convicted Kamlesh Pawan and six others for protesting against the arrest of Akhilesh Yadav and attempting to burn the statue of the then UP Chief Minister, Mayawati.

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SC collegium recommends Justice Robin Phukan’s appointment as Gauhati HC’s permanent Judge; 3 Advocates, including 1 flagged by IB, for appointment as Bombay HC Judges

The two Supreme Court collegium resolutions were passed on 02-05-2023.

Case Briefs High Courts

In case of prima facie involvement, summon can be issued even in absence of name in police report or FIR: Allahabad HC reiterates

Allahabad High Court said that the Magistrate is not bound in such a situation to follow the procedure laid down in Sections 200 and 202 of CrPC for taking cognizance of a case under Section 190(1)(a), though, it is open to him to act under Section 200 or Section 202 also.

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Foreign company, even though fully owned by Indian Company is not amenable to jurisdiction of Indian Court: Madras High Court

Madras High Court allowed Advantage Strategic Consulting Singapore Private Limited, a foreign company to proceed with the defamation case against renowned politician and economist Dr. Subramanian Swamy

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Irretrievable Breakdown of Marriage: Decoding Supreme Court judgment on grant of divorce under Article 142 of Constitution; waiver of 6 month’s cooling off period

Given the expansive amplitude of power under Article 142(1) of the Constitution, the exercise of power must be legitimate, and clamours for caution, mindful of the danger that arises from adopting an individualistic approach as to the exercise of the Constitutional power, observed the Supreme Court

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Allahabad High Court grants bail to 16-year-old boy accused of killing mother for restraining him from playing PUBG

Allahabad High Court said that the FIR has been lodged by the grandmother of the accused and she is not an eyewitness. The other witnesses are also not the eyewitnesses in the instant matter and only on hearsay basis, the bail of the accused has been rejected.

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Supreme Court can dissolve marriages on “irretrievable breakdown” by invoking powers under Article 142; holds Constitution Bench

The Supreme Court also held that the mandatory waiting period of 6 months for divorce by mutual consent can be dispensed subject to requirements and conditions laid down in previous Supreme Court judgments.

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Approaching police without resorting to special procedure under IB Code to arm twist the Resolution Professional is inappropriate: Madras High Court

Madras High Court said that there is no reason why the complaint was not filed either before IBBI or NCLT for the alleged fraud.

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Evidence of a sexual offence victim is entitled to great weight, even in absence of corroboration; Allahabad High Court reiterates

Women or girl raped is not an accomplice and to insist on corroboration of the testimony, amounts to insult to womanhood.

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Madras High Court directs Kalakshetra Foundation to constitute ICC and frame policy to prevent sexual harassment

This order will not stand in the way of the Committee constituted under the Chairmanship of Justice K.Kannan (Retd.) to enquire into the matter as per the terms of reference and there will also be no fetters on the law enforcing agency from proceeding with the investigation in accordance with law.

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Violence in one form or other is not sine qua non for a group to qualify as a gang under UP Gangsters and Anti-Social Activities (Prevention) Act: Allahabad High Court

Allahabad High Court reiterated that a statute should be read and understood according to its plain grammatical meaning, unless that construction leads to an absurd result, or defeats the object and the very purpose of it

latest judgement of supreme court on res judicata

Case Briefs Supreme Court

Explained| Supreme Court judgment on application of principle of Res Judicata and other CPC provisions

The Supreme Court said that before examining the defendants’ ground of res judicata to oppose the eviction petition, several aspects may have to be looked into, like whether such an issue was substantively at issue in the previous suit and similar such other questions may crop up.

validity of unstamped arbitration agreement

Case Briefs Supreme Court

We Dissent! Here’s why 2 out of 5 Judges of Supreme Court ruled unstamped arbitration agreements are valid at pre-referral stage

The practice of dissent in judicial decision-making process plays a critical role in revealing constitutional commitment to deliberative democracy. Allowing judges to express differing views and engage in a dialogue about the law and its interpretation can potentially lead to a more nuanced and refined understanding of the law, as the Court grapples with competing interpretations and seeks to reconcile them in a principled manner.

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Husband cannot be summoned in cheque bounce case for cheque issued by wife as sole proprietor of a firm: Allahabad High Court

Allahabad High Court said that in the eye of law, wife and husband have separate entity. The present case is not a case that the wife, sole proprietor of the Firm had provided the cheque signed by or on behalf of the applicant

pre-reference jurisdiction of high court

Case Briefs Supreme Court

Explained| Supreme Court verdict on scope of Pre-referral jurisdiction of High Court under S. 11 of Arbitration and Conciliation Act

The limited scope of judicial scrutiny at the pre-referral stage is navigated through the test of a ‘prima facie review’

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[Majority View] Unstamped Arbitration Agreements are not valid in law: Supreme Court

The Five-Judge Bench of Supreme Court in 3:2 majority approved paragraphs 22 and 29 of Garware Wall Ropes case, and to this extent, also approved Vidya Drolia case.

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Supreme Court explains what qualifies as ‘Change in Law’; directs DISCOMS to compensate Power Generators for all additional charges levied by State instrumentalities

Supreme Court has requested the Union of India along with Ministry of Power to evolve a mechanism so as to ensure timely payment by the DISCOMS to the Generating Companies, which would avoid huge carrying cost to be passed over to the end consumers.

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Adani power entitled to Change in Law for 100% of contracted capacity which is 70% of installed capacity of Phase IV extension of Mundra Project: Supreme Court

The Supreme Court opined that it is unjust on the part of Haryana Utilities to say that 70% of the installed capacity should be further bifurcated and the Change in Law benefit should be restricted only to 70% of the installed capacity.

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Madras High Court imposes Rs.5 lakh cost on College for admitting Students without having affiliation

Section 17(4) of the National Council for Teacher Education Act, 1993 very specifically states that if any degree is granted by a College, which had admitted students during the period when the College suffered from withdrawal of recognition or affiliation, then such a degree or certificate cannot be treated as a valid qualification for the purpose of employment.

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It is a curse for a society that women are still subjected to occult rituals to treat their infertility: Allahabad High Court rejects bail plea

Allahabad High Court said that the facts of this case are not only shocking but show the mindset of male persons that when a woman has not conceived for many years, the only fault is of the women and not of men and for that women are subject to occultist rituals. It is a curse for society that such rituals are still prevailing in 21st Century.