Apoorva, Author at SCC Times

Mere liking of a post does not attract penalty under S. 67 of IT Act or constitute a criminal offence: Allahabad High Court

“Even otherwise Section 67 of the IT Act is for obscene material and not for provocative material. The words “lascivious or appeals to the prurient interest” mean relating to sexual interest and desire, therefore, Section 67 IT Act does not prescribe any punishment for other provocative material.”

Case Briefs High Courts

Madras HC expresses concern over criminal behavior among students of prestigious institutions; Recommends formation of special committee to address behavioral issues

“It is disheartening that students of such prestigious institutions have recently been involved in criminal behavior, tarnishing their reputations and jeopardizing their futures.”

Case Briefs Supreme Court

Are Ex-Military Nursing Service officers considered “ex-servicemen” for State reservation and employment? Supreme Court answers

“Effective resettlement of ex-servicemen is necessary to keep the morale of the serving members of the defence forces. If the resettlement of veterans is neglected, the talented youth of the nation may not be motivated to join armed forces.”

Case Briefs High Courts

‘Employee not at fault for service interruption; entitled to all service benefits’; Madras HC directs authorities to grant retirement benefits to former Village Administrative Officer

“The respondents cannot take a stand that since the petitioner did not serve during the period, on the percept of ‘no work no pay’ his pay was fixed notionally to enable him to get pensionary benefits. The said contention of the respondents is untenable and unsustainable in the eye of law.”

Case Briefs High Courts

Allahabad High Court grants bail to a man accused of manufacturing synthetic milk and paneer from harmful chemicals for over two decades

The main accused, Ajay Agrawal, a businessman from Bulandshahr, Uttar Pradesh, and owner of Agarwal Traders, also has been arrested for adulterating dairy products.

Case Briefs High Courts

Any marriage solemnized in Arya Samaj Mandir as per Vedic procedure is valid marriage under Hindu Marriage Act: Allahabad HC

“In Arya Samaj Mandir, marriage is conducted as per the vedic procedure, which includes Hindu customs and rites like Kanyadan, Panigrahan, Saptapadi and chanting of Mantras while applying vermilion.”

Case Briefs Supreme Court

Supreme Court upholds consumers’ right to peaceful protest; Quashes defamation complaint filed by developer against homebuyers

“Homebuyers and developers have not always been the best of friends. Instances are innumerable where the two have been at daggers drawn. This case presents one such instance”

Case Briefs High Courts

Runaway couples must learn to face society, cannot claim security as a matter of course or right: Allahabad High Court

“In a deserving case, the Court can provide security to the couple but cannot lend them the support they have sought. They have to learn to support each other and face society.”

Case Briefs Supreme Court

Supreme Court resolves complexities of Section 15(2) of the Copyright Act with a two-pronged approach for design protection

In the present case, the Supreme Court examined the vagaries of IP law and the intrinsic synergy that exists between two independent legislations, namely the Designs Act and the Copyright Act.

Case Briefs Supreme Court

‘Eligibility criteria declared by fresh advertisement cannot be changed midway through recruitment process’; Supreme Court upholds reservation of DSP post for SC Sports (Women)

“Once it is accepted that the DSP post in question was reserved for ‘SC Sports (Women)’ as per advertisement, the appellant must be accepted as the only person qualified in her category who could be appointed. This is because she is the only SC woman candidate who successfully cleared all the tests for the post of DSP.”

Case Briefs High Courts

[Karuvannur Bank Scam] Kerala High Court cautions police to ensure fair and unbiased investigation, free from political influence

“This court, therefore, hopes and trusts that the investigating officer will carry out the investigation in a proper and fair manner as expected from him being the officer of the police force.”

Case Briefs High Courts

‘Adult parents are entitled to live together, even without formal marriage’: Allahabad HC grants police protection to interfaith live-in couple amid threats

The couple also informed the Court that the police authorities were unwilling to register a FIR against the private respondents. They further stated that every time they approached the police station to lodge the FIR, they were subjected to humiliation and denied assistance.

Case Briefs High Courts

Kerala High Court grants 15 days parole to businessman Mohammed Nisham, serving life sentence in security guard murder case

“Even those undergoing imprisonment must be allowed to breathe the air of freedom, albeit briefly, provided they have exhibited consistently good conduct during incarceration and demonstrated a genuine inclination towards reformation and reintegration”

Case Briefs High Courts

‘Amendment of charges post witness examination should not lead to de novo trial’; Allahabad HC upholds conviction of seven men in honour killing case

Allahabad High Court said that the deposition of the informant, recorded during his examination-in-chief and cross-examination prior to the amendment of charges, could not be discarded merely because of his subsequent statements made during the later examination-in-chief conducted after the inclusion of Sections 504 and 506 IPC.

Case Briefs High Courts

Madras High Court allows Indu Makkal Katchi members to garland Dr. B.R. Ambedkar statue on his 135th Birth Anniversary, subject to conditions

The petitioner was entitled to be granted permission as prayed for, as he had submitted an affidavit of undertaking, wherein he had agreed to abide by any conditions that might be imposed by the respondents, particularly the police, in connection with the event.

Case Briefs Supreme Court

“Consensual relationships, where possibility of marriage may exist, cannot be given a colour of false pretext to marry after fall out”; SC quashes rape case against former judge

“The incident is of the year 2014 and any further litigation, will only prolong the suffering of both the parties, who are living their own separate lives”

Case Briefs Supreme Court

Supreme Court issues notice in challenge to Punjab & Haryana High Court’s decision on EWS reservation in PPSC Agriculture Development Officer recruitment

Punjab & Haryana HC in the impugned judgment clarified that EWS candidates who are selected based on merit and not on account of reservation, are not to be counted towards the quota meant for reservation.

Case Briefs High Courts

District Judge, not District Magistrate, has jurisdiction under S. 16(3) of Telegraph Act to adjudicate adequacy and sufficiency of compensation: Allahabad HC reiterates

“The Writ Court cannot substitute its wisdom with the policy making authorities unless it suffers from conditional infirmity. In view of the above, the present writ petition, which primarily seeks judicial intervention in a policy matter, does not warrant the Court’s indulgence at this stage.”

West Bengal SSC teacher recruitment scam

Case Briefs

Know why Supreme Court upheld Calcutta High Court’s decision to cancel entire West Bengal SSC teacher recruitment process of 2016

“Despite the factual background and the credible evidence indicating irregularities, WBSSC initially did try and cover up the lapses and illegalities. The cover up itself has made the verification and ascertainment more difficult or rather impossible given the scale of camouflage and dressing up done at each stage. We are convinced that the entire selection process was intentionally compromised due to the illegalities involved.”

Case Briefs Supreme Court

Candidate without minimum qualifications prescribed by expert body not entitled to appointment or promotion in educational institutions: Supreme Court

“The teachers who failed to acquire a Ph.D. within seven years as required, cannot be designated as Associate Professors nor be entitled to the higher pay scale.”