Apoorva, Author at SCC Times

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.

Case Briefs High Courts

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.

Case Briefs High Courts

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.

Case Briefs High Courts

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’

Case Briefs Supreme Court

[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.

Case Briefs Supreme Court

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.

Case Briefs High Courts

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.

Case Briefs Supreme Court

Bilkis Bano – Premature release of Convicts case: Supreme Courts asks Centre and Gujarat Government to produce files and give reasons for releasing 11 convicts

The Supreme Court asked the Gujarat Government reasons behind its decision to grant remission to the 11 life convicts, who were convicted for raping Bilkis Bano and murdering her family members

Case Briefs High Courts

Allahabad High Court issues Contempt notice to District Court Advocate for stalking and sending obnoxious messages to a woman judge on her Facebook account

Allahabad High Court said that the facts prima facie shows that the act of the Advocate amounts to criminal contempt referred to in section 2(c) of the Contempt of Courts Act, 1971

Case Briefs Supreme Court

Asharam Bapu Case| Supreme Court sets aside Rajasthan High Court Judgment directing summoning and recording of evidence of IPS Ajay Pal Lamba

The Supreme Court said that the power to take additional evidence in an appeal is to be exercised to prevent injustice and failure of justice, and thus, it must be exercised for good and valid reasons necessitating the acceptance of the prayer.

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Reservation Policies in India

Reservation as a concept is very wide. Different people understand reservation to mean different things. One view of reservation as a generic

anurag thakur parvesh verma hate speech case

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Supreme Court issues notice to Delhi Government and Police over Anurag Thakur and Parvesh Verma hate speeches during anti CAA protests

Supreme Court: In a petition filed seeking registration of a criminal case against BJP leaders Anurag Thakur and Parvesh Verma for their

Case Briefs Supreme Court

Supreme Court directs States and UTs to send their Menstrual Hygiene Management Policy to Centre

The Supreme Court viewed that it would be appropriate if the Union Government engages with all the State governments and Union Territories to ensure that a uniform national policy is formulated with sufficient leeway for the States and UTs to make adjustments, based on the prevailing conditions in their territories.