Editor_4, Author at SCC Times

Breaking down Supreme Court’s explanation on grant of divorce on grounds of ‘cruelty’ under Hindu Marriage Act

“What is cruelty for a woman, may not be cruelty for a man, and hence, a more elastic and broad approach is required when a wife seeks divorce.”

Case Briefs Supreme Court

Onus of proof in disciplinary proceedings depends on nature of charge and explanation put forth by Employee: SC

“If the records of the enquiry officer reveal that the findings are based on some evidence, it is not the function of the Court in a judicial review to re-appreciate the same and arrive at an independent finding on the evidence”.

Case Briefs High Courts

Gujarat HC allows minor to terminate 19 weeks pregnancy; quotes Skanda Purana highlighting value of mother in society

“माता के समान कोई छाया नहीं, कोई आश्रय नहीं, कोई सुरक्षा नहीं। इस विश्व में माता के समान कोई जीवनदाता नहीं।”

Case Briefs High Courts

‘Financial instability’ of a spouse is covered under the ambit of ‘mental cruelty’: Delhi High Court

“The marriage ties which if kept lingering on account of irreconcilable differences and protracted litigation, only bring more cruelty and acrimony.”

Case Briefs Supreme Court

Whether debt was barred by limitation or not in cheque bounce cases, is a question of evidence: SC

“The question of debt barred by limitation is to be decided on basis of evidence as, limitation is a mixed question of law and fact”.

Cases Reported Never Reported Judgments

Never Reported Judgment| When Supreme Court upheld the conviction based solely on dying declaration in Acid Poisoning case [(1952) 1 SCC 346]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Section 32(1) of the Evidence Act, 1872.

Case Briefs Supreme Court

SC upholds validity of Himachal Pradesh Passengers and Goods Taxation Act, 1955; NHPC liable to pay tax on vehicles carrying employees and family gratis

The Supreme Court affirmed the Himachal Pradesh High Court’s orders, whereby the validity of the Himachal Pradesh Passengers and Goods Taxation Act, 1955 as amended by the Himachal Pradesh Passengers and Goods (Amendment and Validation) Act, 1997 were upheld.

Case Briefs High Courts

Rectification petition in a trade mark suit can be filed where the dynamic effect of the registration of impugned mark is felt: Delhi High Court

“With the expansion of the internet, and access to goods and services that may originate from some distant site, a litigant is free to file an infringement, or passing off, suit, before any Court within whose jurisdiction use of the impugned mark takes place.”

Case Briefs High Courts

Members of Federation of Hotel and Restaurant Associations of India shall use the term ‘staff contribution’ for the amount charged as ‘service charge’: Delhi High Court

“The menu cards shall specify in bold that after the payment of ‘Staff Contribution’, no further tip is necessary to be paid to the establishment, servers or restaurant staff.”

Case Briefs Supreme Court

Supreme Court lays down Principles for exercise of legislative power of abrogating a law declared invalid by Court

“If the legislature merely seeks to validate the Acts, struck down or rendered inoperative by a Court, by a subsequent legislation without curing the defects in such legislation, the subsequent legislation would be ultra-vires“.

Case Briefs High Courts

Granting relief for delivery of possession separately is not required, it is inherent in the decree of specific performance of contract: Andhra Pradesh High Court

“In case where the language of the decree is capable of two interpretations, the interpretation which favours the advancement of the decree by getting its execution is to be preferred.”

Case Briefs High Courts

Acid attack cases sow the seeds of fear and insecurity in society; Court’s role in granting or denying bail significant: Delhi High Court

“A heinous crime such as acid attack on a woman in broad daylight, in a thickly populated area can evoke strong emotions in the society in addition to inflicting grave psychological trauma to the victim.”

Case Briefs High Courts

Inside Gujarat High Court Verdict on why parents forcing children below age of 3 years to go to pre-school is an illegal act

“National Education Policy, 2020 regards the age of below six years as the age of ‘early childhood care and education’ and there are studies showing that 85 percent of a child’s cumulative brain development occurs prior to the age of six”.

Case Briefs High Courts

Complaints which are not substantiated by evidence, and remain unproved are acts of cruelty: Delhi High Court upholds the divorce decree

“Thus, while looking at acts of mental cruelty, the court must look at the married life as a whole and not merely a few isolated incidents.”

Case Briefs Supreme Court

Supreme Court lays down tests for deciding legality of preventive detention orders

The Court also revisited the difference between disturbances relatable to ‘law and order’ and disturbances caused to ‘public order’ and said that it is trite that breach of law in all cases does not lead to public disorder.

Case Briefs High Courts

Relevance of the documents sought under Order VII Rule 2 of CPC should be stated in the affidavit: Andhra Pradesh High Court upholds Order dismissing application

“It is not stated in the affidavit as to how the documents are relevant to the suit except stating that, the documents are important and crucial documents to prove that the promissory note suit is a rank forged and materially altered.”

Case Briefs High Courts

Treating ‘HARPIC DRAIN XPERT’ similar to ‘XPERT’ would be stretching the principle of similarity to an unreasonable extent: Delhi High Court upholds registration

“To hold that a customer would be confused, because the word ‘XPERT’ forms the second part of the second word of the impugned mark, would be consigning reality to oblivion.”

Hot Off The Press News

Abrogation of Article 370 | Supreme Court Constitution Bench reserves verdict

The hearing of the matter began on 02-08-2023 and was concluded on 05-09-2023.

Case Briefs High Courts

“A death in custody is a slur on a civilised State and completely unacceptable”; Meghalaya HC fixes quantum of compensation for custodial deaths

“The next and kin of the deceased prisoner will be entitled to a sum of Rs.15 lakh if the victim was below 30 years of age; a sum of Rs.12 lakh if the victim was below the age of 45 years but above the age of 30 years and, a sum of Rs.10 lakh if the victim was above 45 years of age, as on the date of death”.

Case Briefs High Courts

Gujarat High Court holds selection of tender through random algorithm process by machine as transparent and fair

“No arbitrariness can be attached to the selection process through random algorithm method, as there is no human intervention in selection of the bidder”.