Editor_4, Author at SCC Times

J&K and Ladakh HC quashes the detention order issued in 2022 based on an FIR registered against a detenue in 2004

The petitioner was detained in June 2022 based on a FIR registered against him in 2004. However, the petitioner had already been acquitted from the charges levied against him in 2004.

Case Briefs High Courts

Contractual Appointment can’t be terminated without affording opportunity of hearing: Jammu & Kashmir & Ladakh HC reiterates

The High Court observed that terminating contractual appointments is impermissible without providing an opportunity for a hearing, particularly when the termination is grounded in allegations of misconduct that tarnish the employee’s reputation.

Case Briefs High Courts

Section 357A of CrPC and Rajasthan Victim Compensation Scheme, 2011 are applicable to incidents occurred prior to their enactment: Rajasthan High Court

“Where women are honoured, divinity blossoms there and where women are dishonoured, all actions no matter how noble remain unfruitful.”

Case Briefs High Courts

Allegations of extra marital relationship constitutes grave assault on reputation of spouse, thus amounts to worst form of cruelty: Himachal Pradesh HC upholds divorce

“Needless to say, matrimonial matters are matters of delicate human and emotional relationship and to maintain such relationship for a long, there is requirement of mutual trust, regard, respect, love and affection.”

Case Briefs High Courts

[Habeas Corpus] Detainee illegally confined by parents over her relationship with a transgender man to be taken to the place of her choice: Rajasthan HC

“The petitioner stated that is manifestly clear that the detainee’s life and well-being is in imminent danger and the respondents has failed to protect the detainee’s right under Article 21 of the Constitution, including her right to personal liberty.”

Case Briefs High Courts

‘Nothing concrete has been done for last twelve years’; Delhi HC directs Chief Secretary to provide road map regarding construction of Sales Tax Bar Association’s chamber

“This Court has expressed its anguish on more than one occasion regarding the complete inaction on the part of the Government to implement the Orders of this Court.”

Case Briefs High Courts

Para medical practitioner is not entitled to registration of private clinic under Karnataka Private Medical Establishment Act 2007: Karnataka HC

The High Court earnestly emphasised that “Time has come to pull the curtain down on such people who are practicing medicine without qualification and hoodwinking poor people in rural areas”.

Case Briefs High Courts

Candidate applying for admission to Kendriya Vidyalaya School in EWS category need to furnish certificate from State Government where school is situated: Delhi HC

“It is also important to note that Kendriya Vidyalaya’s are not schools recognised under the Delhi School Education Act, 1973 or the rules made thereunder and these schools are not bound to follow local Acts and Regulations of every State.”

Case Briefs High Courts

Delhi High Court prescribes timelines for document completion, scheduling interviews in organ transplant cases

“Quick decision making is crucial not just for the donor or the recipient, but also for their respective families.”

Case Briefs High Courts

Provisions of Maternity Benefit Act, 1961 must be enforced strictly; Himachal Pradesh HC directs to pay compensation to employee terminated during her pregnancy

“To conceive, to give birth and take care of a child is not only the fundamental right of the woman but also a pious role to be performed by her for existence of society. Keeping in view arduous nature of this duty, she must be provided facilities to which she is entitled.”

Case Briefs High Courts

Fundamental right to hold passport cannot be curtailed; Andhra Pradesh High Court directs Police to release siezed passport of a Non-resident Indian

“The passport has been seized in contravention of the existing laws in operation and such an exercise is unwarranted and is in violation of Articles 19 and 21 of the Constitution.”

Case Briefs High Courts

Gauhati HC upholds judgment by Foreigners Tribunal declaring a woman to be a foreigner who entered India illegally

Gauhati HC opined that the petitioner failed to discharge her burden to prove the contents of her evidence so as to establish her Indian citizenship.

Case Briefs High Courts

Delhi High Court grants bail to a man accused of raping woman he met on dating app on pretext of marriage

“The petitioner stated that he and the complainant met on a dating App and not on matrimonial App. The allegation of false promise of marriage is only an afterthought.”

Case Briefs High Courts

Filing SLP to challenge dismissal of criminal appeal is crucial right of convict; Delhi High Court grants four-weeks parole to convict for filing SLP

“Except the two incidents wherein punishment was awarded to the petitioner, the nominal roll does not find mention of any misconduct on the part of the petitioner, after May, 2017 till date i.e. for the last more than six years.”

Case Briefs High Courts

Delhi High Court denies interim injunction to Khadi and Village Industries Commission in a trade mark infringement dispute

“The terminus ad quem, by which date the plaintiff has to prove the acquisition of the requisite goodwill and reputation for a plea of passing off to succeed, is the date of commencement, by the defendant, of the rival mark.”

Case Briefs High Courts

Gauhati High Court holds State liable to compensate an advocate for handcuffing him without just cause

The High Court observed that Rule 214 of Assam Police Manual has rendered itself archaic and needs to be amended in accordance with the laws laid down by the Supreme Court.

Case Briefs High Courts

Redemption and rehabilitation of prisoners must receive due weightage; Himachal Pradesh HC grants parole to convict for solving his personal and family issues

“Convicts too must breathe fresh air for at least some time provided they maintain good conduct consistently during incarceration and show a tendency to reform themselves and become good citizens.”

compromise not termination of proceedings in malicious prosecution

Cases Reported Never Reported Judgments

Never Reported Judgment| Compromise between parties is not termination of proceedings in a suit for malicious prosecution [(1952) 2 SCC 446]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on malicious prosecution.

Case Briefs High Courts

Chhattisgarh High Court upholds constitutional validity of Section 16(4) of Central Goods and Services Tax Act, 2017

“The petitioner herein, which has filed the present writ petition, is only a proprietorship firm and not a citizen and therefore cannot claim protection of Article 19(1)(g) of the Constitution.”

Case Briefs High Courts

Delhi HC upholds constitutional validity of Section 115BBE of Income Tax Act, 1961; Says ‘cannot be held unconstitutional on apprehension of misuse’

“It is settled law that the Act provides a complete machinery for assessment or re-assessment of tax and the assessee is not permitted to abandon that machinery to invoke jurisdiction of the High Court under Article 226 of the Constitution.”