Deeksha, Author at SCC Times

Meghalaya HC grants bail to person accused of sexually assaulting 13-year-old minor

The Court considered the grant of bail on account of all the relevant factors, gravity and nature of the offence, the extent of punishment, if enlarged on bail, may abscond or tamper with the evidence and witnesses, etc.

Criminal Conspiracy as scheduled offence under PMLA

Case Briefs Supreme Court

Criminal Conspiracy to be ‘scheduled offence’ under PMLA only if conspiracy is to commit an already Scheduled offence: Supreme Court

“The Court also held that it is not necessary that a person against whom the offence under Section 3 of the PMLA is alleged, must be shown as the accused in the scheduled offence.”

Case Briefs High Courts

Whether a Judge who has passed an Order previously is eligible to be nominated as an Arbitrator? – Gujarat HC answers

A mere fact that the nominated Arbitrator had been a member of the Bench of the Court, which had decided the validity of the interim order passed by the then Arbitral Tribunal, it cannot be held that the “Arbitrator has previous involvement in the case”.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT issues notice to authorities for UN’s prediction of ‘low’ groundwater level in India by 2025

The National Green Tribunal issued notice to Central Ground Water Authority; Ministry of Jal Shakti; Ministry of Environment, Forest and Climate Change and various States’ Department of Water Resources.

Case Briefs High Courts

Orissa High Court refuses bail to NDPS accused transporting 476 kgs Ganja to Punjab

Considering the huge quantity of contraband seized and progress of trial, the Court refused to grant bail.

Case Briefs High Courts

Request for money by husband to arrange job with promise to repay does not amount to ‘dowry’ u/s 2 of the Dowry Prohibition Act: Orissa HC

“Demand for dowry should be the continuing cause for the death of the married women. Cruelty can be mental, or it can be physical. Every instance of cruelty and related harassment has a different impact on the mind of a woman.”

Case Briefs High Courts

Unexplained prolonged criminal trial violates constitutional rights; Denial of Government Servant’s rights impending delayed trial is double jeopardy: Orissa HC

“The act of keeping the petitioner’s promotion recommendation in sealed cover without even once subjecting it to review, is nothing but adding insult to an injury”.

Case Briefs High Courts

Orissa High Court grants bail to a blind PMLA accused in chit fund scheme case for lack of evidence

The Court also considered the fact that the accused is a permanent resident of his locality, having his family members and ancestral property, hence, there is no scope of absconding if the accused person is granted bail.

Case Briefs High Courts

Former Resident Additional Collector accused of installing Spy Cam in District Collector’s chamber; Gujarat HC grants bail

The Former Resident Additional Collector had also set up a honey trap for the District Collector in order to gain access to some controversial land clearance files.

Case Briefs Tribunals/Commissions/Regulatory Bodies

No significant improvement in Delhi’s AQI; NGT directs authorities to take all possible measures to ensure improved air quality

Considering the human health aspect, the authorities are expected to take best possible measure to improve the air quality in the city.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Stubble fires in Punjab | Selective approach and no uniformity in registering FIRs against farm fires: NGT

The NGT said that the Chief Secretary’s direction to accord top priority to control the stubble burning and ensure that such incidents are immediately reduced to zero, however, did not bring about any fruitful results.

Case Briefs High Courts

Fake Passport and Visa Stickers | Gujarat HC denies bail to person accused of making 79 fake passports

The Court said that there are chances that “if the accused is enlarged on bail, he may utilize his international contacts all over the world for himself and may fly away”.

High Court Round Up Legal RoundUp

HIGH COURT NOVEMBER 2023 WEEKLY ROUNDUP| Stories on consensual relationship; Contempt of Court for HC Judge’s death penalty; Royal Stag; Dream 11 and more

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

interim relief to Journalists over Article on Adani Group

Case Briefs Supreme Court

“No coercive steps against Journalists summoned by Crime Branch for article on Adani Group”; SC grants interim relief

An article titled “Documents Provide Fresh Insight Into Allegations of Stock Manipulation That Rocked India’s Powerful Adani Group” was published on the Organized Crime and Corruption Reporting Project (‘OCCRP’) website.

Case Briefs High Courts

No mental stability examination in habeas corpus petition for mother daughter duo alleged of influence under black magic: Gujarat HC

“Practicing black magic can be a personal choice, and the Court cannot delve into such issues in a habeas corpus petition”.

immediate remedial action for severe air quality index

Case Briefs Tribunals/Commissions/Regulatory Bodies

Severe Air Quality Index | NGT directs States’ Chief Secretaries to take immediate remedial action

The Air Quality Bulletins showed that there are various cities where the air quality index has dipped to ‘very poor’ or even to ‘severe’ stage.

Case Briefs Supreme Court

Supreme Court acquits man in 23 years old rape case for lack of conclusive evidence on victim’s age below 16 years

Both the victim and accused have a right to fair trial, and therefore when the victim’s statement does not inspire confidence and creates doubt, the Court must look for corroborative evidence.

Case Briefs Supreme Court

Insurer has no right to recover motor accident claim compensation from insured vehicle owner for driver’s fake licence: SC

The burden of proving that there was a failure on the part of the vehicle owner in carrying out due diligence apropos driving licence before employing a person to drive the vehicle is upon the insurance company.

claim of loss of profitability in Arbitration

Case Briefs Supreme Court

Credible evidence is must to substantiate claim of loss of profitability; SC sets aside arbitral award in conflict with ‘public policy of India’

“The credibility of the evidence is the evidence of the credibility of claim for loss of profit”.

Legal RoundUp Supreme Court Roundups

Supreme Court Roundup October 2023| Same-Sex marriage; Manual Scavenging; Senior Advocate Designation; Termination of Pregnancy; Family Planning and more

The month of October was focused on the long term battle on the same- sex marriage. Take a round of all the major judicial pronouncements by the Supreme Court during this month along with some never reported judgments and write ups on the Supreme Court Judges through the know-thy Judge segment.