Editor_4, Author at SCC Times

Party not contacting counsel for 6 years, cannot seek condonation of delay alleging that counsel did not inform about disposal of case: Allahabad HC

Allahabad High Court noted that while the appellants alleged their counsel failed to inform them about the case’s dismissal, there’s no evidence they actively sought updates from the counsel during the six-year period.

Case Briefs High Courts

Once school declared an aided educational institution, State Education Tribunal has jurisdiction to adjudicate questions of employment & not Regional Director: Orissa HC

“The School was given the status of grant-in-aid and become a non- Government aided educational institution within the meaning of Section 2(b) of the Orissa Education Act, 1969 during pendency of the appeal, which was related to the termination of services of the school peon, the Regional Director ceased to have jurisdiction and it was the State Education Tribunal, which was the competent forum to adjudicate.”

Case Briefs High Courts

“Matter of concern” that Delhi HC Legal Services Committee did not assist litigant despite several requests; Delhi HC demands affidavit for explanation

Delhi High Court instructs that if any aid is sought by any litigant eligible for legal aid, then the Legal Service Authorities shall take prompt action.

Case Briefs High Courts

‘Cryptocurrency not ‘money’ under PCMCS Act’; Orissa High Court grants bail in cryptocurrency ponzi scheme case

“Mere dealing in cryptocurrency cannot be treated as illegal.

Case Briefs High Courts

Court can exercise extraordinary jurisdiction on clear election irregularities; Bombay High Court rejects disqualified Voters’ Ballot

The committee of the Society has to remove, from the register of its members, names of persons who stand disqualified under the provisions of the Maharashtra Co-operative Societies Act, 1960

Case Briefs High Courts

‘Male member made scapegoat for mistake of both’; Meghalaya HC upholds conviction under POCSO, mitigates life sentence to 10 yrs imprisonment

“A case involving love affair and unfortunately, the male member was made as a scapegoat to undergo imprisonment for the mistakes committed by the two. It is no doubt true that the offence under POCSO Act, 2012 has been made out to impose punishment on the accused, while the so-called victim girl is leading a happy life.”

High Court Round Up Legal RoundUp

HIGH COURT MAY 2024 WEEKLY ROUNDUP | Stories on Delhi serial bomb blasts; Karnataka State Legislative Elections 2023; Childbirth after sterilization; and more

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

Law made Easy

Primacy to Suraksha: Understanding the Bharatiya Nagarik Suraksha Sanhita, 2023

The BNSS adopts a “citizen-centric” approach, balancing the rights of both the victims and the accused, respecting the human rights principles.

Case Briefs High Courts

Allahabad High Court dismisses PIL urging Govt. to publish Justice Rohini Commission report on OBC sub-categorization

“The commission formed under Article 340 of the Constitution which was headed by G. Rohini, former Chief Justice of Delhi High Court, to examine the issue of sub-categorization of Other Backward Classes. It proposed a four-category formula for the equitable redistribution of the 27% quota for Other Backward Classes.”

Case Briefs High Courts

[Childbirth after sterilization] Orissa HC orders Rs. 30K compensation to woman who delivered child after sterilization, considering economic status

The petitioner underwent sterilization when State promoted the Green Card Scheme, whereby, having two-children or fewer was promoted, through various incentives like providing landed properties, reservation of seats in higher education for those two children.

Case Briefs High Courts

Read why Allahabad High Court denied bail to MLA Abbas Ansari

“If such influence whether for monetary reason or under threat or coercion, if can be exercised over police and prison authorities so effectively who are basically enforcers of law then it can be well imagined how Abbas Ansari can effectively garner power to influence any witness or to persuade him to change his stand and this aspect if seen in light of the fact that the evidence is yet to commence”

Case Briefs High Courts

‘Magistrate failed to conduct preliminary inquiry to ascertain roles and duties of individuals before mechanically summoning them’: Allahabad HC quashes criminal cases against officials of Larsen and Toubro

“Magistrate had issued summons without meeting the requirement of Section 202 CrPC., even though the applicants were residing outside the territorial jurisdiction of the Trial Court.”

Case Briefs High Courts

Allahabad HC quashes notifications issued by ARTO banning registration of e-Rickshaws and e-Autos in Mathura and Agra

“Section 178 U.P. Motor Vehicles Rules, 1998 does not contemplate or empowers State to ban registration of new vehicles. Thus, the impugned restriction is beyond the scope of Rule 178 and hence, unsustainable.”

Case Briefs High Courts

‘Computation of 25% students strictly in compliance with S. 12(c) RTE Act’; Gujarat HC dismisses PIL against Gov. Resolution

The instant petition was filed at the verge of commencement of the admission process in the schools in the State and seems to be a result of pre-empting the whole issue.

Case Briefs High Courts

[Death by Suicide] Allegations were general and omnibus in nature; Bombay High Court acquits husband due to insufficient evidence

To attract the charge of Section 306 of the Penal Code, the prosecution must establish incitement, instigation, aiding, or abetment to commit suicide.

ICJ Germany military assistance Israel provisional measures

Case Briefs International Courts

ICJ rejects Nicaragua’s application requesting provisional measures to stop German military aid to Israel amidst the current Gaza Conflict

The Court was of the view that Nicaragua failed to show that Germany’s impugned conduct posed an imminent threat of irreparable prejudice to the rights of Nicaragua.

Case Briefs High Courts

Know why Allahabad HC restrained two advocates from entering Prayagraj District Court and prohibited them from practicing law within the State

“Instances of this kind pose a serious challenge to the very functioning of the judicial system and the incident has to be viewed seriously”

Case Briefs High Courts

Bombay HC falls short of words to describe “mental, psychological and physical state of the victim” while rejecting bail for sexually abusing child for 9 years

Due to the horrendous nature of crime committed by the applicant, the victim, a 17-year-old child, turned into a nymphomaniac.

Foreign Legislation Legislation Updates

Monetary Authority of Singapore introduces new Regulations under Securities and Futures Act for Corporate Governance of approved entities

The Regulations define components relevant to the corporate governance regulation of Approved Exchanges, Clearing Houses, Licensed Trade Repositories, and Holding Companies considering security futures.

Case Briefs High Courts

Bombay High Court directs State to provide information regarding effective implementation of Prohibition of Manual Scavengers Act, 2013

At present, as phase one, Bombay High Court directs that information be called from the Municipal Corporation of Greater Mumbai, Thane Municipal Corporation, Kalyan-Dombivali Municipal Corporation and MiraBhayander Municipal Corporation.