Apoorva, Author at SCC Times

Mere possession of living cow does not amount to committing, abetting, or attempting an offence under U.P. Prevention of Cow Slaughter Act: Allahabad High Court grants bail

The principle that Bail is a rule and Jail is an exception has been well recognised by Supreme Court more specifically on the touch stone of Article 21 of the Constitution

Case Briefs High Courts

Can a father-in-law file a habeas Corpus petition seeking custody of Daughter- in- law? Allahabad High Court answers

Allahabad High Court said that the detenue is living with her parents, thus, it cannot be said that she is in illegal detention.

Case Briefs High Courts

Can a child in conflict with law file an application for anticipatory bail under S. 438 CrPC? Allahabad High Court answers

A child enjoys equal rights with other persons. Therefore, it would be in violation of all the principles and provisions to deny an opportunity to exercise the right of preferring an application under Section 438 CrPC.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIT was right in deleting addition made on account of low Gross Profit rate by AO without any justified reasoning: ITAT

It is a well-accepted principal of tax jurisprudence that the Assessing Officer cannot sit on the armchair of a businessman assessee to replace his business strategy by his own whims and fancies

Case Briefs High Courts

Even slightest penetration of male organ into female parts amounts to rape; Allahabad High Court reiterates

Allahabad High Court said that any statement of a rape victim is an extremely humiliating experience for a woman, and until she is a victim of sex crime, she would not blame anyone but the real culprit.

Case Briefs Supreme Court

Whether contracts entered in name of President are immune from provisions protecting against conflict of interest of a party to contract? Supreme Court answers

Supreme Court refused to give effect to the appointment of an officer of the Ministry of Law and Justice as an arbitrator.

Case Briefs High Courts

Decoding Madras High Court verdict on Gokulraj Murder committed “under the influence of demon called caste”

Madras High Court said that this is a case which brings out the dark side of human behavior. It focuses our attention on the ugly facets of our society; the caste system, bigotry, inhuman treatment of persons belonging to the marginalised section etc.

Hot Off The Press News

UP Court convicts former MLA Mukhtar Ansari in 32-year-old Awadhesh Rai murder case

MP/MLA Court, Varanasi: Avanish Gautam, Special Judge, MP-MLA Court convicted and sentenced former Member of Legislative Assembly (MLA) Mukhtar Ansari to life

Case Briefs High Courts

Man refuses to marry woman after having sexual relations due to her Mangal dosh; Allahabad High Court directs examination of her Kundali

Allahabad High Court directed the Head of Astrology Department, Lucknow University to submit the report in a sealed cover within three weeks.

Events/Webinars News

ONGC organises Interactive Legal Workshop on “Mediation & Conciliation as ADR: PSUs Perspective”

Corporate Legal Services team of Oil and Natural Gas Corporation (‘ONGC’) organised a legal workshop on “Mediation & Conciliation as ADR: PSUs

Case Briefs High Courts

Explained| Allahabad High Court verdict on Gyanvapi Mosque case

In a suit instituted by the Hindu worshippers to secure their right to darshan and pooja of deities Virajman within the premises of the Gyanvapi Mosque Complex, the Allahabad High Court said that merely seeking right to worship Hindu deities does not change the Mosque’s character into a Temple.

High Court Round Up Legal RoundUp

HIGH COURT MAY 2023 ROUNDUP| Stories on Manipur Violence; Relief to Delhi LG; Blinkit trade mark infringement; Third Party Funding; Withdrawal of Rs 2000 notes and more

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

Case Briefs High Courts

[Krishna Janmbhoomi -Shahi Eidgah Dispute] Allahabad High Court transfers all pending suits from Mathura Court to itself

Allahabad High Court said that the High Court has to remain conscious of the fact that being the highest Court of the State, it is guardian of the people and being 3rd pillar of the Constitution, it safeguards interest of the people as a whole, the small sub-sects, tribe then bigger sub-sect community and full circle of the people, all fall within the protection of the Constitution.

Case Briefs High Courts

Are AYUSH Doctors eligible to perform ultrasonogram techniques on pregnant women without qualifications under PC-PNDT Act? Madras High Court answers

Madras High Court held that the AYUSH Doctors, if at all qualified under the provisions of the PC & PNDT Act 1994 and Rules framed thereunder, are entitled to be construed as qualified Doctors within the meaning of the Central Act for carrying out various diagnostic procedures and ultra sonogram/ultrasound techniques on pregnant women.

Hot Off The Press News

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.