Deeksha, Author at SCC Times

Supreme Court suspends sentence of murder convict in custody for past 14 years

The convict was charged with offence under Sections 147, 148, 302 read with Section 149 of the Penal Code, 1860.

Gujarat HC orders arrest of Chinese vessel against pilot’s claim for permanent injury due to collapse of gangway

The gangway collapsed and the marine pilot fell from the gangway onto the wharf, which resultantly crushed and severely fractured his left-hand wrist.

Case Briefs Supreme Court

True and voluntary dying declaration can be sole basis of conviction without any corroboration: SC

“Dying declaration can be the sole basis of the conviction if it inspires the full confidence of the Court and the deceased was in a fit state of mind at the time of making the statement and that it was not the result of tutoring, prompting or imagination.”

Hot Off The Press News

Retweeting Dhruv Rathee’s Video | SC extends stay on defamation case against Arvind Kejriwal till May 13

Delhi Chief Minister Arvind Kejriwal retweeted a video, posted by YouTuber Dhruv Rathee where allegations were made against Bharatiya Janata Party’s IT cell.

High Court Round Up Legal RoundUp

HIGH COURT MARCH 2024 WEEKLY ROUNDUP| Stories on GOLD STEP v. GOLD FLAKE; Section 125 CrPC; Dear Jassi; Compassionate Appointment; Bail in Sexual Assault and more

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

Case Briefs Supreme Court

“Evidence of police witnesses full of contradictions and thoroughly unconvincing”; SC sets aside conviction under NDPS Act

The Court found glaring loopholes in the prosecution case regarding the preparation of the samples of the contraband and safe keeping of the samples.

Case Briefs Supreme Court

Non-Implementation of RTE Act, 2009 and allegations of poor conditions of schools in Bihar: SC issues notice to authorities

A social activist group dedicated to the common cause for imparting education to the children, alleged that several schools in the district of East and West Champaran were in bad condition.

Case Briefs High Courts

Orissa HC declares nomination and election of Congress MLA Mohammed Moquim, as void

“A responsible man seeking election to the House of the State Legislature is not expected to file his nomination whimsically without verifying the contents thereof.”

Case Briefs High Courts

Dismissal of married daughter’s candidacy for compassionate appointment is arbitrary and violative of Constitution: Orissa HC reiterates

The policy of the State Government which disqualifies a ‘married’ daughter and excludes her from consideration for compassionate appointment, apart from being arbitrary and discriminating, is a retrograde step.

Immunity for MPs and MLAs casting vote on bribe

Case Briefs Supreme Court (Constitution/Larger Benches)

Supreme Court strips MPs, MLAs of Immunity for Casting Votes after taking Bribes: Breakdown of the 7-Judge verdict

In P.V. Narasimha Rao v. State (CBI/SPE), (1998) 4 SCC 626, the 5-Jugdge Bench held that the MPs and MLAs enjoyed immunity if they cast vote in the House after taking bribe for it.

Case Briefs High Courts

YouTuber Dhruv Rathee proposes to blur Dabur’s Real Juice packet in Video; Calcutta HC agrees for exploring amicable settlement

Dhruv Rathee uploaded a video on his YouTube channel claiming that the consumption of packaged fruit juices leads to type II diabetes and that drinking packaged fruit juices leads to hair loss and is harmful if consumed.

Case Briefs Supreme Court

Inside Supreme Court’s decision on principles of Adverse Possession and Limitation in property disputes

“A person claiming adverse possession should show, as to on what date he got the possession; the nature of his possession; whether the factum of possession was known to the other party; how long his possession has continued; and that his possession was open and undisturbed.”

Disqualification for having more than 2 children

Case Briefs Supreme Court

SC upholds disqualification for police constable post for having more than 2 children

Rule 24(4) of the Rajasthan Police Subordinate Service Rules, 1989 provides that “no candidate shall be eligible for appointment to the service who has more than two children on or after 01-06-2002”.

Case Briefs High Courts

‘Issuance of Rule Nisi and posting bail applications after weeks without adverting to merits be curbed immediately’; Directions in Satender Kumar Antil to be followed: Gujarat HC

“The bail applications should be disposed of within two weeks and applications for anticipatory bail are to be disposed of within six weeks”.

Case Briefs High Courts

Fake Doctors | Orissa HC asks Odisha Council for Medical Registration President to appear in person for explaining effective solutions

The Additional Chief Secretary to Government, Health and Family Welfare Department, was previously directed to come up with a comprehensive plan for conducting a survey to ascertain that every allopathic doctor practicing in Odisha possesses proper and relevant qualification.

Events/Webinars News

“Arbitration to be appropriate dispute resolution rather than alternative dispute resolution”: Avnit Singh, Director, MoLJ

IIAM organized a Panel Discussion on “Future-Proofing Investments: Trends in Arbitration discussion, graced by Justice Sudhanshu Dhulia, Judge, Supreme Court of India and Justice S.R. Bhat, Former Judge, Supreme Court of India.

fictional video against Rahul Gandhi on Black and white

Case Briefs Tribunals/Commissions/Regulatory Bodies

NBDSA directs Aaj Tak to remove fictional video against Rahul Gandhi aired on Black and White show

The depiction of a robber and its imputation concerning Rahul Gandhi’s conviction, was not in good taste and should have been avoided and the broadcaster should be careful while airing such fictional videos in future.

Case Briefs Supreme Court

‘District Collectors summoned under S. 50 PMLA to respect and respond to summons’; SC stays Madras HC decision staying summons by ED

The District Collectors of several Districts of Tamil Nadu were summoned by the Directorate of Enforcement for various offences under the IPC and the Prevention of Corruption Act, 1988, including some of them being scheduled offences.

Case Briefs High Courts

Orissa HC orders arrest of Vessel at Paradip Port for unpaid berth hire charges and penalty of about 8 crores

Paradip International Cargo Terminal Pvt. Ltd. sought arrest of the cargo vessel for the unpaid dues of about 7.95 Crores towards the berth hire and penal berth hire charges.

Case Briefs Supreme Court

Multiple reasons possible for marriage proposal not reaching desired end; SC quashes S. 417 case against man for lack of intention to cheat

“To make out an offence under cheating the intention to cheat or deceive should be right there from the beginning”.