Apoorva, Author at SCC Times

Sensitise all PPs across the State to deal with final reports, placed before them for scrutiny, at the earliest; Madras HC directs Director of Prosecution

The final report placed for scrutiny before the Public Prosecutor is not for the purpose of getting an opinion from the Public Prosecutor

Case Briefs High Courts

Police officer duty-bound to record reasons for arrest in writing: Allahabad High Court

Section 41 and 41A of CrPC are facets of Article 21 of the Constitution of India

Case Briefs High Courts

[Adipurush Controversy] Allahabad HC directs IB Ministry to revisit issue by forming an expert committee; Seeks personal presence of Film Director and Dialogue writer

Allahabad High Court said that the Gods have been shown in a film by the film makers including the dialogue writers without taking care of holiness and sanctity of those characters.

High Court Round Up Legal RoundUp

HIGH COURT JUNE 2023 WEEKLY ROUNDUP| Stories on Adipurush; Transgender Welfare Board; Witchcraft murder case; Copyright infringement of KGF Songs and more

A quick legal roundup to cover important stories from all High Courts this week

Case Briefs High Courts

Allahabad High Court directs State to specify steps taken towards providing women toilets, pure drinking water, fans etc. in police stations

Allahabad High Court directed the State to file an affidavit indicating therein the progress towards allotment of funds towards providing basic amenities to women in Police Stations

Case Briefs High Courts

Allahabad High Court orders immediate release of rape convict sent to jail in same crime after undergoing entire sentence

Allahabad high Court directed the Senior Registrar to communicate this order to the Jail Authorities concerned, for immediate release of the convict.

Case Briefs High Courts

Homemaker wife contributes equally to husband’s acquisition of family assets; Entitled to equal share in properties: Madras High Court

In generality of marriages, the wife bears and rears children and minds the home. She thereby frees her husband for his economic activities. Since it is her performance of her function which enables the husband to perform his duties, thus she is entitled to share in its fruits.

Hot Off The Press News

Supreme Court adopts new procedure for mentioning, listing of fresh cases from July 3

The Supreme Court directed the Circular to be provided to Supreme Court Bar Association and Supreme Court Advocates-on-Record Association, and further requested them to display it on the Notice Boards for information to the Members of the Bar.

Case Briefs High Courts

[Appointment of Archaka] Person of any caste can be appointed, provided he is well-versed in Agamas: Madras HC reiterates

Appointments of Archakas will have to be made in accordance with the Agamas, subject to the further caveat that the Agama that is followed is in conformity with the Constitutional mandates and it does not violate the same.

Case Briefs Supreme Court

Transaction doesn’t become stock in trade merely based on recording of inventory in books of accounts; SC asks ITAT to consider relevant factors afresh

Supreme Court reiterated that to examine whether a particular transaction is sale of capital assets or business expense, multiple factors like frequency of trade and volume of trade, nature of transaction over the years etc., are required to be examined.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can deemed dividend be taxed in the hands of non-shareholders? ITAT answers

In terms of Section 2(22)(e) of the Act, treating the loans and advances received by concerns, in which shareholders of the company giving loans and advances had substantial interest, qualified as “deemed dividend”

Case Briefs High Courts

[Adipurush Controversy]: Will I&B Ministry take steps in public interest by invoking revisional power under Cinematograph Act; Allahabad High Court asks Centre

Allahabad High Court has also allowed an application requesting the inclusion of Manoj Muntashir Shukla, the dialogue writer of ‘Adipurush’, as a party in the case and issued notice to him.

Case Briefs High Courts

Whether bar contained under S. 80 of Arbitration Act in selection of forum for arbitration applicable to MSMED Act? Allahabad HC answers

Allahabad High Court said that the MSMED Act, 2006 is a special law and in view of Section 24 the discretion given to Council for selecting the forum of arbitration between the parties has an overriding effect and therefore, at the stage of selection of forum for arbitration by the Council the prohibition contained in Section 80 of the A&C Act will not be applicable.

Case Briefs High Courts

[Explained] Allahabad High Court verdict in Inter -Religion Live-in Couple’s Protection Plea

Awareness has to be created in young minds not just from the point of view of emotional and societal pressures that Live -in relationships may create, but also from the perspective that it could give rise to various legal hassles.

Case Briefs High Courts

Madras High Court quashes notification inviting applications for appointment as member in Consumer Redressal Commissions in Tamil Nadu

If the notifications are bad in law and they are liable to be quashed, the subsequent selection procedure that has been undertaken would also suffer from the same vice.

Case Briefs High Courts

Requirement of minimum length of service before seeking transfer does not contravene U.P. Basic Education (Teachers) Service Rules: Allahabad High Court

Transfer is not stipulated to be claimed as a matter of right in institutions. The State/Board would thus be justified in laying down a uniform criteria/process for entertaining applications for transfer.

Case Briefs High Courts

Madras High Court directs Madras Bar Association to admit members without discriminating on caste, gender, religion, economic status, personal and political affiliations

The Lawyers being homogeneous class, further creating divisions on any criteria including economic status or otherwise will result in losing faith and ordinary Lawyers will get frustrated, resulting young and talented Lawyers leaving the profession. It is the primary duty of the Judicial Institutions to provide a conducive atmosphere for all the practicing Lawyers enabling them to have utmost trust in the Judicial System.

Case Briefs Supreme Court

Can assessee take total contract value and remit service tax on value as ‘works contract service’? Supreme Court answers

As the service tax needs to be computed in terms of Rule 2A of the Service Tax (Determination of Value) Rules, 2006 and as the assessee has not opted for the composition scheme, the matter is remitted back to the CESTAT for re-computation of the demands.

Case Briefs Supreme Court

Read Why SC deferred hearing ED’s plea against Madras HC order in Senthil Balaji’s Habeas Corpus petition

S Megala, wife of V. Senthil Balaji, who has been arrested by the Directorate of Enforcement in a money laundering case, filed a habeas corpus petition, wherein the Madras High Court agreed to an urgent hearing, leading to the present SLP by ED before the Supreme Court.

Case Briefs High Courts

Read why Madras High Court denied relief to Tamil writer Aarur Tamilnadan claiming ‘Enthiran’ movie infringing his story published in 1996

Madras High Court reiterates that copyright can be claimed only in respect of the manner of expression of an idea or concept.