Editor_4, Author at SCC Times

Unilateral withdrawal from attempted divorce settlement can cause disquiet and uncertainty in husband’s mind, thus amounts to cruelty: Delhi High Court upholds divorce

“It is evident that the fight inter se the parties was not on any justifiable grounds, but was a war between the egos prompted by the desire to wreak vengeance against the spouse.”

Case Briefs High Courts

No right to remain on Indian soil, if visa expires; Himachal Pradesh HC denies bail to man accused of committing offence u/s 14 of the Foreigners Act, 1946

“As per the result of the analysis, the substance found in the possession of the petitioner was confirmed to be heroin. Since, the petitioner did not produce passposrt and visa, offence under Foreigners Act, 1946 is added.”

Case Briefs High Courts

Publicly harassing, alleging infidelity and portraying husband as womaniser in his office is an act of extreme cruelty: Delhi High Court upholds divorce

“Any successful marriage is built on mutual respect and faith. If either is compromised beyond a level, the end of the relationship is inevitable as no relationship can stand on half-truth, half-lies, half-respect and half-faith.”

District Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Manufacturers failing to provide spare parts required for product’s proper functioning in its anticipated lifespan, constitutes unfair trade practice: DCDRC

Holding Samsung India liable for deficiency in service, DCDRC stated that often companies fail to provide spare parts required for a product’s proper functioning, thereby eventually compelling consumers to discard still-functional products.

Case Briefs High Courts

Not permissible for High Court to convert lesser offence to serious offence in sentence enhancement appeal: Himachal Pradesh High Court

“The appellant submitted that the respondent was liable to imprisonment for not less than ten years and payment of fine of not less than Rs. 1,00,000. However, he was sentenced to undergo rigorous imprisonment for six months and payment of fine of Rs. 1,000.”

Case Briefs High Courts

Incentive cannot be given to promote societies’ mindset for light skin preference: Chhattisgarh High Court dismisses divorce appeal by husband

“Entire society of the human race needs to change the dialogue at home, which may not promote the fairness preference of skin.”

Case Briefs High Courts

‘Accused deemed to be in constructive custody of Court when released on Interim bail’: Orissa HC

“The Court noted that “while passing the impugned order the Trial Court re-examined the allegations on merit and virtually sat in appeal over the order and rendered the order passed by the High Court nugatory.”

Case Briefs High Courts

POCSO| Rajasthan High Court refuses bail to a man accused of rape despite of non-recovery of substantial evidence

“The petitioner argued that both the girls committed suicide by jumping into the canal after writing suicide note. As per report of handwriting expert also, the disputed writing show similarities with the standard writing.”

Case Briefs High Courts

Victim not necessary party, thus not required to be impleaded as party in bail applications under CrPC: Rajasthan High Court

“Had it been the intention of the Legislature, it would have in unequivocal terms mentioned in the statute itself about impleadment of the victim as a necessary party in all cases.”

Case Briefs High Courts

Insolvency Resolution Professional is not ‘public servant’ under Prevention of Corruption Act, 1988: Delhi High Court

“Whether the Insolvency Resolution Professional is a public servant or not according to Insolvency and Bankruptcy Code or Prevention of Corruption Act, 1988 or Section 21 of Penal Code, 1860, is purely the domain of the legislature and if required, the legislature may carry out necessary amendments to the legislations.”

Case Briefs High Courts

Granting repeated adjournments in routine manner affects judicial system; Rajasthan HC directs Revenue Courts to adjudicate old cases on priority

“The instant case is a glaring case where the petitioners took a time of two decades to complete their evidence and thereafter, the respondents are regularly seeking time to produce their evidence since last more than twenty years.”

Hot Off The Press News

Lok Sabha Passes Bill on Appointment of Chief Election Commissioner and Election Commissioners: Removes CJI from the selection Committee

On 21-12-2023, the Lok Sabha passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office)

Case Briefs Tribunals/Commissions/Regulatory Bodies

CM Anna Bhagya Scheme | NHRC directs road repairs in MM Hills villages for food grain delivery

NHRC promptly intervened, directing repairs for crucial roads, pivotal for tribal families’ access to essential food grains under the Anna Bhagya Scheme in Male Mahadeshwara Hills, Karnataka, securing their well-being and safety.

Case Briefs High Courts

Constitutional obligation on States to ensure clean environment; Himachal Pradesh HC dismisses petition challenging NGT’s jurisdiction over eco-sensitive areas

“Record and statistics revealed unplanned development particularly of hotels, lodges, home stays which was in violation of sustainable development. Therefore, exercise of power on the general issue in the Original Application cannot be termed to be suo-moto.”

Case Briefs High Courts

Andhra Pradesh HC acquits man convicted under NDPS Act as negative burden was placed on him to show he did not own the cultivated land

“The criminal liability against the appellant is fastened basing on the so-called version of Accused 1 and 2 which is nothing but confession by exonerating the two accused. The whole approach of the Trial Court in appreciating the evidence on record is not in accordance with law.”

Case Briefs High Courts

Rajasthan HC directs its Registry and Family Courts to respect privacy of parties in matrimonial disputes by ensuring their identities are not disclosed

“To create life and give birth to the child is the God gifted power that lies with the mother. But here is a situation where her own creations or sons are not interested to even meet her, let alone live together.”

Case Briefs High Courts

Disputes regarding correctness of information provided cannot be adjudicated in proceedings under RTI Act: Delhi High Court

“The CPIO is only required to supply all the information or documents within his access. Whether or not such information as provided by the CPIO under the RTI Act is incorrect in any manner, is not the domain of consideration or determination under the RTI proceedings.”

Case Briefs High Courts

Parties cannot invoke Order 26 Rule 9 of CPC and call upon Court to generate evidence for them: Himachal Pradesh High Court

“When it is a matter of record that the petitioner had sought amendment in the suit on the ground that during the pendency of the suit, certain part of the suit land stood encroached by the respondent, this pre-supposes that the petitioner was aware of his boundaries.”

proof of marriage legitimacy of children

Cases Reported Never Reported Judgments

Never Reported Judgement| When Supreme Court examined proof of marriage to determine legitimacy of children [(1952) 2 SCC 366]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on conclusive proof of legitimacy of children

Case Briefs High Courts

Words of common English usage, even when put together to form phrase of common English usage, cannot be registered as trade mark: Delhi High Court

“Commonly used words, or a non-distinctive combination of commonly used words, cannot be monopolised by any one person, so as to disentitle the rest of the world to the use thereof.”