Ritu, Author at SCC Times

Rajasthan High Court refuses to quash FIR against two Doctors involved in illegal kidney transplantation racket

“Inherent jurisdiction by the High Court under Section 482 CrPC for quashing of FIR/ complaint should be exercised sparingly, with care and caution in rarest of rare cases.”

Case Briefs High Courts

Rajasthan High Court rejects petition challenging Civil Judge Recruitment’s age eligibility criteria

Rajasthan High Court upheld the validity of Clause 20, concluding it was consistent with Rule 17 of the Rajasthan Judicial Service Rules, 2010.

Case Briefs High Courts

[Autonomy in Panchayati Raj Institutions] | Rajasthan High Court sets aside Panchayati Raj officials’ transfer orders; Reaffirms principles of decentralized governance

The Court held that transfer orders must specify the new duty location to ensure transparency and prevent misuse of administrative discretion.

Case Briefs High Courts

MP High Court criticises Indian Army’s behavior towards missing soldier’s family; calls for reforms of worn-out pension rules

“Instead of helping the family of the missing solider, the Indian Army expects them to get the date of his civil death declared through civil Court, and they are denied to release the pension and other retirement allowances of the missing solider.”

Case Briefs High Courts

Corruption in MNREGA | MP High Court issues notice to Collector for not taking action after investigation

Commissioner of the MP Rajya Rojgar Guarantee Commission confirmed the corruption allegations after investigation and submitted a report instructing the Collector to act.

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice Manoj Misra

Justice Manoj Misra is the sitting judge of the Supreme Court of India. He was elevated to the Supreme Court in February 2023 and has formerly served as a Judge in the High Court of Judicature at Allahabad.

Case Briefs High Courts

Special Marriage Act allows inter-religious marriages but does not override personal law prohibitions; MP High Court refuses protection to inter-religious couple

“It is not the case of petitioners that in case if marriage is not performed, then they are still interested to live in live-in relationship. It is also not the case of petitioners that petitioner No.1 would accept Muslim religion.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT orders for periodic monitoring of illegal sand mining activities and environmental violations in MP’s Tamia

The National Green Tribunal emphasised on the necessity for appropriate action, including prosecution and environmental compensation, in case of violations.

Case Briefs High Courts

‘Save the Earth, Save the future’; Rajasthan High Court takes suo motu cognizance of extreme heatwave

“The Government and individuals must come together to save the Earth. Let the people make aware of the consequences of not saving the Earth … If all this collective effort starts happening, we can surely save our planet Earth and make brighter Earth for our future generations.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT constitutes Committee to look into allegations of trenching ground filled with solid waste and garbage in North 24 Parganas

The National Green Tribunal constituted a committee comprising of senior scientists from the State and Central Pollution Control Boards, a representative not below the rank of Additional District Magistrate, and the Executive Officer of Panihati Municipality.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT constitutes joint committee to submit report on Illegal mining in Arawali, Sikar

The National Green Tribunal constituted a Joint Committee comprising one representative from the District Magistrate, Sikar (Rajasthan) and one representative from the State Pollution Control Board, Rajasthan.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT issues notice, forms committee to investigate Chhattisgarh’s flouting of CPCB guidelines regarding establishment of petrol pump in Dhamtari

The CPCB’s guidelines mandated certain measures for setting up new petrol pumps to mitigate their adverse environmental effects, including maintaining a minimum distance of 50 meters from schools, hospitals, and residential areas, etc..

Case Briefs High Courts

Mutual agreement on separation without court intervention holds no legal weight in divorce matters for non-Muslim parties: MP High Court

MP High Court held that any agreement restricting a party from pursuing legal proceedings is void, thereby, rendering respondent’s undertaking not to take legal action against the applicants invalid.

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice K.V. Viswanathan

On 19-05-2023, Justice K.V. Viswanathan became one of the few lawyers, who were elevated directly from the Bar to the Judgeship of the Supreme Court of India. With Justice Viswanathan’s elevation, the Collegium hopes to enhance the representation of the Bar in the Supreme Court.

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice Abhay Shreeniwas Oka

Looking into Justice Abhay S. Oka’s life, career and important judgments which have been instrumental in protecting the rights of marginalized communities and promoting freedom of expression, thereby making him a harbinger of social change and preserver of administrative accountability.

Case Briefs High Courts

Whether Housing Finance Company can recover loan amount of less than ₹20 lakh under SARFAESI Act? MP High Court answers

MP High Court held that the writ petition is maintainable due to the pure legal questions involved regarding the applicability of SARFAESI Act provisions to HFCs for amounts below the Rs. 20 Lakhs threshold.

Case Briefs High Courts

MP High Court refuses to quash FIR against advocate booked for posing as Train TTE

MP High Court noted that even if the receipt book was not an EFT Book, it had the seal of the North-Central Railway, creating the impression of official railway documentation.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT approves Viacom18, Digital18 and Star India’s merger

The Merger scheme aims to restructure and streamline the operations of the applicant companies to achieve operational efficiencies and facilitate future growth and expected to create synergies, reduce costs, and create value for shareholders of the involved entities.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT approves withdrawal of insolvency resolution proceedings against Syska LED Lights after settlement

The NCLT directed the Resolution Professional to hand over control of Syska LED Lights Pvt. Ltd. back to the Corporate Debtor, if it had been taken over.

Case Briefs High Courts

Man and woman living together does not constitute bigamy without proof of second marriage: Rajasthan High Court

Even if it is presumed that the petitioner has performed Nata marriage, then also there is no proof that the same was done by following the marriage ceremonies required by the personal law governing the parties or by following the essential ceremonies for a Nata marriage.