Apoorva, Author at SCC Times

Judiciary candidate by mistake applied as ‘Dependent of Freedom Fighter’; Allahabad High Court allows her to provisionally appear in mains exam

Allahabad High Court granted two weeks’ time to UPPSC to file a reply and the candidate one week thereafter to file a rejoinder affidavit

Case Briefs High Courts

Compounding of unauthorised constructions cannot be considered pursuant to the order of remand: Allahabad High Court quashes remand order

Statute cannot be read in a manner so as to confer immunity upon the resourceful people to violate law and permit them to continue to enjoy such violation for all times to come by paying some amount to the Authority.

Case Briefs High Courts

Who is liable for unauthorised transactions via prepaid payment instruments? Madras High Court answers

Madras High Court said that the RBI guidelines are issued not as a formality, but the entities subjected to the RBI regulations should comply with the conditions of the master circular in its true letter and spirit

Case Briefs High Courts

Can Schools Conduct Special Classes During Summer Break? Madras High Court answers

there are several schools conducting special classes all over the Tamil Nadu. However, the petitioner has filed this writ petition only targeting the respondent school. Therefore, it is clear that it is not a Public Interest Litigation.

High Court Round Up Legal RoundUp

HIGH COURT MAY 2023 WEEKLY ROUNDUP| Stories on Gyanvapi Mosque; Prabhat Gupta’s murder case; Gas Migration Dispute; Gautam Gambhir defamation case; Online gaming; and more

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

Case Briefs High Courts

Allahabad High Court acquits four accused including MoS Ajay Mishra in Student leader Prabhat Gupta’s murder case

The commission of an offence and complicity of the offenders are two different realities. The complicity of an offender must provenly be established connected to the commission of charged offence, then only it is permissible for a court of law to derive the product of conviction, failing which, the acquittal is the rule.

Case Briefs High Courts

Can Judicial officers take recourse to judicial proceedings for arrears of rent? ; Allahabad High Court answers

Allahabad High Court clarified that the decision rendered in Divakar Dwivedi case must apply to all the Judicial Officers, irrespective of the fact that they had not filed writ petitions.

Case Briefs High Courts

Can the Trial Court grant maintenance from the date of the order in view of Rajnesh vs. Neha case? Allahabad High Court answers

Trial Court is not barred from granting maintenance from the date of the order if there are circumstances and reasons for doing the same

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

Supreme Court Constitution Bench holds Jallikattu, Kambala and bull -cart racing legal

The Supreme Court said that this decision on the Tamil Nadu Amendment Act would also guide the Maharashtra and the Karnataka Amendment Acts. Thus, it held that all the three Amendment Acts are valid legislations .

Case Briefs High Courts

Demand notice cannot be faulted if any other sum indicated in addition to said amount under S. 138(b) of NI Act: Allahabad High Court reiterates

Allahabad High Court reiterated that the demand notice should be read as a whole. In the demand notice, the holder or payee can demand to pay out for the said amount, i.e., cheque amount.

Case Briefs Supreme Court

Small-scale industries not exempted from sales tax for tea blending after amendment, holds SC; delivers split verdict doctrine of legitimate expectation aspect

“When a legitimate expectation of a specific outcome is created by a public authority, the said public authority is required to take into account such expectation created by it when making a decision that affects the interests of the individual or group” –Justice Krishna Murari

Case Briefs Supreme Court

[WBHIRA ultra-vires of RERA] All complaints filed before WB HIRA Authority stand transferred to RERA: Supreme Court

Supreme Court said that any person aggrieved by an order passed under WBHIRA will be at liberty to pursue the corresponding remedy which is available under the RERA.

Case Briefs High Courts

[Gyanvapi Mosque case] Allahabad High Court directs ASI to conduct scientific investigation of Shivlingam without causing damage to it

Allahabad High Court observed that the technical and scientific report of the Archaeological Survey of India has opened ways for carrying out scientific investigation of the site / Shivlingam without causing any damage to the structure in question

Case Briefs High Courts

Explained| Allahabad High Court order upholding State Government’s decision to cancel Ziledari Qualifying Examination 2018

Allahabad High Court said that recruitment has to be fair, transparent and accountable, if there are irregularities and malpractices and illegality in the recruitment process, it would undermine very legitimacy of the recruitment process

Case Briefs High Courts

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 Supreme Court (Constitution/Larger Benches)

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.