Apoorva, Author at SCC Times

Can conviction for attempt to murder sustain when injuries were very simple? Supreme Court answers

Supreme Court opined that the Trial Court, as well as, the Bombay High Court have rightly appreciated the evidence and convicted the convict for the offence punishable under Sections 307 and 332 of the IPC

Case Briefs High Courts

Does refusing paternity leave to father violate a newborn child’s right to life? Madras High Court answers

The Central Civil Services (Leave) Rules, 1972 provides with paternity leave. But such a welfare measure is not provided by the various states in India, including the state of Tamil Nadu. This case marks the need for paternity leave legislation in India.

Case Briefs Supreme Court

Retired employees cannot claim vested right to apply the extended age of retirement retrospectively: Supreme Court

“The Doctrine of Legitimate Expectation does not have any role to play in matters that are strictly governed by the service regulations. This is an exercise that is undertaken by the State in discharge of its public duties and should not brook undue interference by the Court.”

Case Briefs Supreme Court

Explained | Supreme Court verdict on claim of maternity benefits beyond the duration of contractual employment

“The expression “discharge” is of wide import, and it would include “discharge on conclusion of the contractual period”.”

Case Briefs Supreme Court

Dying Declaration cannot be the sole basis of conviction; Supreme Court reproduces 11 factors to determine its weightage

“It is just not enough for the court to say that the dying declaration is reliable, as the accused is named in the dying declaration as the assailant.”

Case Briefs High Courts

Read why Allahabad HC ordered status quo on land held by Development Authority for establishing New Kanpur city

Allahabad High Court said that Development Authority is only in possession of part of the land and the scheme for proposed ‘New Kanpur City’ as of now is not viable.

Case Briefs High Courts

Limitation period to file counter statement to notice of opposition would run from date of receipt of e-mail: Madras High Court

Madras High Court directed the Registrar of Trade Marks to re-consider and decide the matter on merits after providing a reasonable opportunity to both the parties

Case Briefs Supreme Court

Test Identification Parade does not violate Article 20(3) of Constitution: Supreme Court upholds conviction order of murder convict

The Supreme Court viewed that after the introduction of Section 54A in CrPC, an accused is under an obligation to stand for Test identification parade.

Case Briefs High Courts

Changing gender is a constitutionally recognised right: Allahabad HC directs DGP to allow lady constable for Sex reassignment surgery

If modern society does not acknowledge this vested right in a person, then it is only encouraging gender identity disorder syndrome

Case Briefs High Courts

Social ostracisation is anti-thesis of humanity: Madras HC directs State to grant reservations to Transgender persons in local body elections

Transgenders have to be absorbed into the mainstream activities of society and for that, a change in attitude towards them is essential. Each human being has their own likes and dislikes, but when it comes to living in a society under the umbrella of togetherness, it is vital to accept the differences within us.

Case Briefs High Courts

Allahabad HC directs Commissioner to take suitable action against Police personnel involved in custodial violence of boy arrested for obstructing traffic

Allahabad High Court was not convinced with the version of the Police personnel, that such injuries on the petitioner’s skin occurred due to friction on the road when the Police personnel tried to pick him up and put him in the police vehicle.

Case Briefs Supreme Court

Courts must look into attending circumstances with due care in cases based on ulterior motive for wreaking personal vengeance: Supreme Court

Supreme Court noted that there are multiple FIRs that have been registered over a period, thereby attracting the issue of wreaking vengeance out of private or personal grudge as alleged.

New releases News

“If there is robust due process, there will be less paranoia” Justice Vibhu Bakhru at International Arbitration Dialogues

India International Arbitration Centre (‘IIAC’) organized an International Arbitration Dialogues on 22-08-2023 powered by Alvarez & Marsal and EBC and SCC Online

Case Briefs High Courts

Read why Allahabad HC dismissed Pawan Khera’s plea to quash criminal proceedings against him for ‘Gautam Das’ remark against PM Modi

Allahabad High Court reiterated that at the stage of issuing the summons to the accused based on the police report, the Magistrate is not required to record any reason.

Case Briefs High Courts

Read why Allahabad High Court sought entire Revenue records of Banke Bihari Ji Temple land in Mathura

It is not clear that once the name of Sri Bihari Ji Seva Trust has been recorded in the records as bhumidhar with transferable rights, under which circumstances, the same has been converted from time to time and several other entries have taken place in the revenue records.

Case Briefs High Courts

Explained | Madras HC verdict on PG medical admissions concerning grant of incentive marks to in-service candidates in open category

The very purpose and object of giving weightage to in service candidates who have served in rural, remote or hilly areas, is to overcome the disadvantage they suffered because of working in such difficult conditions and to enable them to compete with the candidates who have directly, after their MBBS course, appeared for the NEET Postgraduate examination

Case Briefs High Courts

Madras HC directs State and National CAMPA to release funds to NCTA for relocating 495 families from Mudumalai Tiger Reserve

When funds to the tune of Rs.8154.84 Crore is available with the National CAMPA, which can be utilised , the UOI has the statutory duty, pursuant to the manifestation of the Directive Principles of State Policies, considering the extreme urgency and critical nature of the issue.

High Court Round Up Legal RoundUp

HIGH COURT AUGUST 2023 WEEKLY ROUNDUP| Stories on Air India; Right to Vent; K Ponmudi corruption case; Labour cess; and more

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

Case Briefs High Courts

Termination of pregnancy can be made without disclosing minor’s name in report, in case of consensual relations: Madras High Court

Madras High Court said there are instances where a minor and their guardian may not be interested in proceeding further with the case and entangle themselves in a legal process. In such instances, termination of pregnancy can be made without the disclosure of the name of the minor.

Case Briefs High Courts

Allahabad High Court imposes Rs. 10, 000 cost on CIT for passing order in violation of principles of natural justice

Allahabad High Court has said that notice under Section 263 was prepared and uploaded on 28-03-2022 and the same was received on the fixed date and the impugned order dated 31-03-2022 has been passed in gross violation of the principles of natural justice.