Sucheta, Author at SCC Times

Colorado’s anti-discrimination law cannot compel a wedding website designer to create expressive designs contrary to her personal beliefs on marriage: SCOTUS

The Court with a ratio of 6:3 protected the First Amendment right of the petitioner who believes in heterosexual marriages only.

Case Briefs Foreign Courts

“Equal educational opportunity is a prerequisite to achieving racial equality”: Dissenting Opinion on SCOTUS’ Affirmative Action decision

In a scathing dissent, the Judges observed that in holding that race can no longer be used in a limited way in college admissions to achieve critical benefits, the Majority has rolled back decades of precedent and momentous progress.

Case Briefs Foreign Courts

Race-based admission programs by Universities of Harvard and North Carolina, violates Equal Protection Clause of the 14th Amendment: SCOTUS

SCOTUS majority was of the view that Harvard’s and UNC’s admissions programs lack sufficiently focused and measurable objectives warranting the use of race and unavoidably employ race in a negative manner.

Hot Off The Press News

Karnataka High Court dismisses Twitter’s plea challenging MeiTY blocking orders; Slaps hefty cost of Rs. 50 Lakhs

Twitter had knocked the doors of the High Court after Ministry of Electronics and Information Technology issued its orders under S. 69-A of Information and Technology Act, 2000

Case Briefs High Courts

Gauhati HC directs the State of Assam to expediate the process of constituting a Transgender Welfare Board

The Court noted the submission that a Welfare Board will help in addressing issues faced by the Transgender persons in the State.

Case Briefs High Courts

“Took copyright for granted”: Karnataka HC refuses to quash copyright violation case against Congress leaders for using songs of KGF- Chapter 2 without permission

Tampering the source code without permission and freely playing the audio would undoubtedly amount to infringement of copyright of the complainant.

Case Briefs High Courts

[Suicide] | Educational institutions must recognise the malady of harsh discipline so that lives of young souls can be saved: Karnataka HC

“Spare the rod and spoil the child” has metamorphosed into “spare the rod and teach the child”, said Karnataka HC while considering a quashment petition by the authorities of Karumbaiah Academy who were alleged to have been responsible for a student’s suicide.

national consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC imposes a penalty of INR 1.5 crores against a hospital responsible for tragic mix-up of a sperm sample used during Intra-CytoplasmicSperm injection

While deciding upon the complaint, the NCDRC also made important observations on ethical questions surrounding Assisted Reproductive Techniques and urged the Government to bring out necessary regulations for safe ART procedures.

Case Briefs High Courts

Married woman cannot claim breach of promise to marry: Karnataka High Court

The Court pointed out that merely because the petitioner provided monetary help to the woman, it cannot be said that they are married. Since the woman was already married, there is no case of breach of promise to marry either.

Case Briefs Tribunals/Commissions/Regulatory Bodies

No sensible medical professional would intentionally harm or injure a patient, as their professional reputation would be at stake: NCDRC dismisses complaint against medical professionals

The Commission was deciding a case where the complainant (who was a medical professional himself) had accused the opposite parties of medical negligence after his son died due to cardiac arrest after getting operated for disfigurement of eye.

Case Briefs High Courts

Karnataka HC takes strict note of Magistrates’ callousness while permitting registration of FIRs in non-cognizable offences; Issues necessary guidelines

“Permitting registration of a FIR cannot be a frolicsome act on the part of the Magistrate” – The Court noted that callous attitude of Magistrates has given tremendous rise to huge litigations.

Case Briefs High Courts

Gauhati HC asks to be apprised of the steps taken by Assam Govt towards protection of Ahom dynasty era monuments from illegal encroachment

In the instant PIL where the central issue was regarding illegal mining in Digboi forest, the Court also took note of the fact that the illegal activities are also destroying heritage sites associated with Ahom dynasty.

Case Briefs High Courts

Non-consummation of marriage due to husband’s spiritual inclinations is cruelty under Hindu Marriage Act and not S. 498-A of IPC: Karnataka High Court

Noting the husband’s interest in watching videos by Sisters of Brahmakumari, which eventually led to non-consummation of his marriage, the Court was of the view that this situation does not fall under the scheme of S. 498-A, IPC.

Case Briefs High Courts

Squeezing enemy’s testicles in a crowded village procession not an act done with intent to commit murder; Karnataka High Court modifies sentence

While hearing the appeal against conviction for attempt to murder, the Court stated that the accused’s actions fall under ‘causing grievous hurt’ rather than ‘attempt to murder’.

Op Eds OP. ED.

Mapping the Progression of LGBTQ+ Rights in India- Important Laws and Judicial Pronouncements

Tracing the development of LGBTQ+ rights in India with the help of statutory provisions and notable judgments by Supreme Court and Indian High Courts.

Case Briefs High Courts

Procedure of post-investigation FIR is totally alien to the principles of criminal jurisprudence: Gauhati High Court

The Court made strict observations regarding conduct of the police officers of Bilasipara Police Station and directed the enquiry officers to expediate the investigations.

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice Pankaj Mithal

Sitting Judge of the Supreme Court of India, Justice Pankaj Mithal is a third- generation lawyer, a second-generation Judge and is also a writer of note.

Case Briefs High Courts

[Relief for Samsung India] Karnataka HC quashes complaint on alleged violation of Legal Metrology Act and Packaged Commodities Rules

The Court was firmly of the view that the Inspector, Department of Legal Metrology had misinterpreted key provisions of Legal Metrology Act and Packaged Commodities Rules thereby vitiating the complaint with malafides.

Case Briefs High Courts

Family Court can’t deny relief in cases of dissolution of marriage based on mutual consent, on the ground that spouses are living under same roof: Karnataka HC

The High Court was bewildered that such a flawed rationale was applied to deny relief to an estranged couple.

Case Briefs High Courts

“Cannot chant ‘bail is rule, jail is exception’ like a slogan in every bail petition, especially for heinous offences under UAPA”: Karnataka High Court

The Court was deliberating over an appeal challenging the rejection of bail to the accused charged under IPC and UAPA for being actively involved with the ‘KG Halli Riots’ in Bengaluru.