Apoorva, Author at SCC Times

Supreme Court | Constitutionality of UAPA; Covid 19 Parole; Bhopal Gas Tragedy and more from March 2023

This roundup revisits the analyses of Supreme Court’s judgments/orders on Independent Election Commission; Bhopal Gas Tragedy, Tripura Sales Tax Rules; gigantic political crisis in Maharashtra; wildlife declaration time; casting couch; Adani Hindenburg Report and more. It also covers Cases Reported in SCC Weekly in the month of March; Explainers on important law points.

Case Briefs Supreme Court

Orissa High Court has rightly directed to pay Duty Callup Allowance for Home Guards; Supreme Court modifies the effective date

Supreme Court said that the Home Guards shall be entitled to the periodical rise which may be available to the Police personnel of the State and the DCA to be paid to the Home Guards be periodically increased taking into consideration the minimum of the pay to which the Police personnel of the State are entitled considering periodical increase from time to time.

Case Briefs High Courts

Allahabad High Court refuses relief to Bhim Army member accused of making hate speech against CM Adityanath, Bageshwar Baba and Dhirendra Shastri

Allahabad High Court said that it was apparent that the accused had made a derogatory and disrespectful comment against CM Adityanath as well as Bageshwar Baba and Dhirendra Shastri.

Case Briefs Supreme Court

Allegation of demand of gratification and acceptance made by a public servant must be established beyond a reasonable doubt; Supreme Court set aside order of conviction

Supreme Court said that when reliance is placed on circumstantial evidence to prove the demand for gratification, the prosecution must establish each and every circumstance from which the prosecution wants the Court to draw a conclusion of guilt.

Case Briefs Supreme Court

UAPA Judgment| Justice Sanjay Karol’s opinion on reliance on American decisions to read down Section 10 UAPA

Supreme Court said that a stand of whichever court, cannot be allowed to stand, if it is in ignorance of constitutional provisions

Case Briefs High Courts

When statutory remedy is created by enactment, exercise of inherent power under S.482 cannot be invoked ignoring statutory dispensation: Allahabad High Court

Allahabad High Court said that the cases relied upon by the accused are not applicable to the present case, as they are silent over the issue of maintainability of the petition under Section 482 Cr.P.C. after insertion of Section 14-A of SC/ST Act, 1989 and unless the said issue is decided consciously, any departure from the statutory provision would be a bad precedent.

Case Briefs Supreme Court

Affinity test not integral for determining the correctness of a caste claim: Supreme Court

Supreme Court held that when an affinity test is conducted by Vigilance Cell, the result of the test along with all other material on record having probative value will have to be taken into consideration by the Scrutiny Committee for deciding the caste validity claim

Hot Off The Press News

Bilkis Bano – Premature release of Convicts case: Supreme Court terms the crime committed by convicts as “Horrendous”; Issues notice to Central and Gujarat Governments

In a petition filed by Bilkis Bano, and other pleas in the nature of Public Interest Litigation, Supreme Court said that “we are only on legal and law and nothing to do with emotions.”

Case Briefs Supreme Court

Explained| Supreme Court’s verdict upholding Constitutionality of S. 10(a)(i) of the UAPA, 1967

Supreme Court said that the object and purpose of the enactment of UAPA is to provide for more effective prevention of certain unlawful activities. To punish such a person who is continued as a member of such unlawful association which is declared unlawful due to unlawful activities can be said to be in furtherance of providing for effective prevention of the unlawful activities.

Case Briefs High Courts

Allahabad HC declines to quash 23-year-old criminal case against Indian politician and congress MP Randeep Singh Surjewala

Allahabad High Court said that Randeep Singh had already been directed to be released on bail and he has got right of discharge under Section 239, 245 or 227 CrPC. through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.

Case Briefs High Courts

Allahabad High Court suspends one-year sentence of UP Cabinet Minister Nand Gopal Gupta in a 9-Year-old assault case

Allahabad High Court released Nandi on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned, subject to deposition of fine

Hot Off The Press News

Mere membership of a banned association is sufficient to constitute an offence under UAPA; Supreme Court upholds the Constitutional validity of S. 10(a)(i) UAPA

Supreme Court’s full bench declared the judgments in Arup Bhuyan, Indra Das and Raneef to be bad in law. Also, the High Courts Judgments which followed these precedents were overruled

Case Briefs High Courts

Allahabad HC rejects plea for quashing of proceedings under Muslim Women (Protection of Rights on Marriage) Act

Allahabad High Court said that if a case disclosing commission of an offence under remedial statute like Muslim Women (Protection of Rights on Marriage) Act, 2019 is nipped in the bud, the Statute aforesaid, which seeks to curtail a long-standing practice in society, would be bogged down.

Case Briefs High Courts

Offences under POCSO are not compoundable; Allahabad HC declines quashing the proceedings based on compromise between parties

Allahabad High Court said that the purpose is not to persecute the accused, nor is it to let him off because his relations with the complainant has taken a happier turn, as an offence of rape or one under POCSO is an offence against the society.

Case Briefs Supreme Court

Abolition of Orissa Administrative Tribunal Constitutionally valid: Supreme Court

Supreme Court said that the object of the Administrative Tribunals Act is to reduce arrears and enable the provision of speedy justice to litigants. Abolishing a State Administrative Tribunal would not frustrate this objective because SATs are not the only method by which the object is capable of being achieved.

Case Briefs Supreme Court

Once rural area is declared to be urbanised under DMC Act, provisions of the DLR Act cease to apply: Supreme Court

Supreme Court said that the civil suit filed at the instance of the respondents for taking possession of the subject land is pending for the last 32 years and has not started its journey yet, this is called the travesty of injustice to a person who is indisputedly the title holder and still unable to enjoy the property.

Case Briefs High Courts

Mere use of a Tamil letter in a film cannot be a ground to grant exemption from payment of Entertainment Tax; Madras High Court

Exemption from payment of Entertainment tax given to a film is a concession granted by the Government to encourage the film makers to use Tamil title for their films. Concession can never be claimed as a matter of right.

Case Briefs High Courts

“Finance Minister approved initiation of disciplinary proceedings against IRS Officer accused of supporting Sri Lankan Tamils”; Madras HC upholds CAT order

Madras HC dismissed a plea filed by IRS Officer who supported Sri Lankan Tamils through a hunger strike and criticised the Indian government’s policies on the Indo-Sri Lanka Peace Accord

Case Briefs Supreme Court

Service rendered by teachers in Zila Parishad to be counted towards the determination of seniority, even after their absorption into PMC: Supreme Court

Given the existence of the unambiguous provision, Supreme Court held that the services rendered by primary teachers while in the service of the Zilla Parishad deserves to be counted towards their seniority after the transfer and merger of their services into the Pune Municipal Corporation

Case Briefs High Courts

[Hathras Conspiracy case]: “Preventive detention of citizen for just and plausible reasons is a measure permissible under law”; Allahabad High Court grants bail to Atikur Rehman

Allahabad High Court granted bail to Atikur Rehman who was arrested in 2020 along with Siddique Kappan and two others on their way to meet the family of the Hathras Rape and Murder victim.