Ritu, Author at SCC Times

Bhopal Gas Tragedy Cleanup | MP High Court mandates immediate action & accountability after 40 years of delay in remediation

The Court criticized the authorities for their prolonged inertia despite prior orders and sanctioned plans.

‘Arrest must be rational, fair & based on admissible evidence’; MP High Court grants bail in ₹141.8 Crore PMLA case due to procedural lapses

“When an accused is in custody under PMLA irrespective of the case for which he is under custody, any statement under section 50 of PMLA to the same investigating agency is inadmissible against the maker.”

Case Briefs High Courts

Doctrine “Falsus in uno, falsus in omnibus” doesn’t apply in India; Courts must separate reliable evidence from exaggerations: J&K High Court

“It is the duty of the Court to remove the chaff from the grain in its pursuit for truth. It is not open to the trial Court to throw out the entire prosecution evidence just because it was contradictory on certain aspects of the case.”

Case Briefs High Courts

Swarn Rekha River Revival Project | MP High Court directs for synergy between State Government, Municipal Corporation & Counsels

The Court noted that the provisions regarding social audit under the Municipal Corporation Act, 1956, should be invoked cautiously to customize schemes effectively.

Case Briefs High Courts

Rajasthan High Court clubs multiple FIRs in financial mismanagement allegations against Creative Credit Cooperative Society

“Clubbing of the FIRs will reduce the financial drain on the state exchequer as well as cut down the administrative burden, especially given that all the cases arise out of same or similar cause.”

Case Briefs High Courts

Rajasthan High Courts directs police to conduct fair & expeditious investigation against Sarpanch amid political vendetta concerns

“A bare perusal of the FIR revealing commission of cognizable offence and the investigation has to be conducted.”

Know thy Judge

Know Thy Judge | Justice Satish Chandra Sharma – Supreme Court of India

Following a meticulous assessment of the qualifications, integrity, capabilities and giving due consideration to a range of factors, the President appointed Justice Satish Chandra Sharma as Judge of the Supreme Court of India on 09-11-2023.

Case Briefs High Courts

Class 10 marksheet, being a public document under Section 35 of Evidence Act, more credible than school admission forms: Rajasthan High Court

“It was not within the Election Tribunal’s jurisdiction to overlook the mark-sheets issued by a competent officer of the Board of Secondary Education pertaining to the date of birth of petitioner’s two children.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Delays arising from statutory compliance not force majeure’; NCLT admits insolvency proceeding against Raheja Developers

The NCLT held that non-delivery of possession despite payments and continued acknowledgment of liability through emails and communications proved default under Section 7 IBC.

Case Briefs District Court

Land Dispute | Rajasthan Court issues notice on suit claiming Ajmer Sharif Dargah as “Sankat Mochan Mahadev Temple”

The plaintiff, Hindu Sena chief cited historical records of a Shiva Linga beneath the site and sought direction to the ASI to conduct a survey of the Dargah premises to confirm the existence of remnants of the Shiva temple.

Case Briefs High Courts

‘Judicial forum not for harassing a person, but to protect rights of parties’; MP High Court quashes JMFC order for FIR registration

“It is expected from a litigant to approach the court with all bonafides and without any ill-motive.”

Know thy Judge

Know Thy Judge | Justice Suresh Kumar Kait — 28th Chief Justice of the Madhya Pradesh High Court

From his leadership roles during his student days to his significant contributions as an advocate and judge, Justice Suresh Kumar Kait’s journey serves as an inspiration for aspiring legal professionals, especially those from humble beginnings.

Case Briefs High Courts

Lawyers’ Strike| MP HC discharges Bar Council members of contempt proceedings following an unconditional apology

In the instant matter, the State Bar Council of MP issued a communication calling on lawyers in the State to abstain from judicial work in order to protest against the High Court’s scheme mandating the disposal of 25 oldest cases every quarter.

Case Briefs High Courts

Custodial statements under Section 50 PMLA are inadmissible; MP High Court grants bail

“The arrest should be rational, fair and as per law and shall not be merely based upon guilt of accused established from inadmissible evidence.”

Case Briefs High Courts

MP High Court extends migration benefits to meritorious reserved category candidates at all stages of MP Judicial Services recruitment

The Court added that this directive does not affect ongoing recruitment where examinations have already been conducted.

Case Briefs High Courts

Rajasthan High Court quashes FIR under SC/ST Act against actress Shilpa Shetty for use of word “Bhangi” in 2013 Interview

“One cannot lose sight of the reality that celebrities and public figures invariably tend to speak in a casual tone during interviews, and it is thus essential to consider the broader context rather than isolating specific words.”

Case Briefs High Courts

Husband forcing wife to quit job & live as per his wish and style amounts to cruelty: Madhya Pradesh High Court

The wife was appointed as Assistant Manager in LIC Housing Finance Ltd., and at time the respondent was doing nothing, this was the reason why husband compelled the appellant to leave the job and stay with him.

Case Briefs High Courts

Internal Complaints Committee obligated to attempt Conciliation to settle sexual harassment case before starting inquiry: MP High Court

“The enquiry is nothing but an eye wash because the same was conducted without following any procedure which had to be mandatorily followed.”

Case Briefs High Courts

Trademark Infringement | MP High Court upholds Excise Commissioner’s order prohibiting reuse of embossed Mount Everest beer bottles

“Private Respondents are free to reuse generic beer bottles manufactured by third parties which do not violate the label, trademark/brand/logo of another entity.”

Case Briefs High Courts

Right to Health | Rajasthan High Court takes suo moto cognizance; demands Government action on healthcare negligence

“Right to health is an essential component of human dignity, and it is the responsibility of the government to ensure that this right is protected and promoted for all individuals who are citizens of the nation.”