Editor, Author at SCC Times

WhatsApp v Right to Privacy: New Data Protection Bill ready to be tabled in Monsoon Parliament Session, informs Centre; Supreme Court defers hearing

The issue before the Supreme Court pertains to the question whether WhatsApp’s privacy policy which was introduced in January 2021 is in violation of right to privacy under Article 21 of the Constitution of India.

Case Briefs High Courts

‘Injured lawyer’s complaint cannot be dismissed because he has drafting skills’; Delhi High Court denies anticipatory bail plea

The Delhi High Court reprimanded the contention of the applicant stating that since the complainant was a lawyer and was, thus, well aware about nuances of writing a complaint and had, therefore, twisted the facts and police had lodged a false complaint against the applicant. It was opined that a person’s profession of being an advocate cannot be held against him.

Case Briefs High Courts

Ministry of Information and Broadcasting to conduct stakeholder consultation to make films disabled friendly; Delhi High Court on petition to subtitle movie ‘Pathaan’

The Delhi High Court directed the Ministry of Information and Broadcasting along with other relevant Ministries to hold the consultation with film producers, OTT platforms operating in India, television broadcasters, association of theater owners, organizations consisting of disabled persons, distributors of films and any other stakeholders it may consider appropriate.

Case Briefs High Courts

Delhi High Court reprimands absolute bar on disclosure of RTI information to non-citizens for being contrary to the Constitution and object of RTI Act

The Delhi High Court stated that the Constitution of India conferred a large gamut of rights upon Indian citizens and there existed a smaller bouquet of rights which were also recognised and conferred in respect of non-citizens.

Case Briefs Supreme Court

CIT can revise erroneous order by Assessing Officer causing prejudice to revenue; Supreme Court overrules it’s 2000 verdict

The Supreme Court stated that the erroneous assessment order had resulted in loss of the Revenue in the form of tax. Thus, the High Court had committed a very serious error in setting aside the order passed by the Commissioner passed in exercise of powers under Section 263 of the Income Tax Act.

Case Briefs High Courts

Delhi High Court imposes fine of INR 50,000 for filing a petition with an oblique motive to vilify judges

The Delhi High Court held that “the petition was a mala fide attempt to throw mud on the reputation of the incumbent and is a gross abuse of process.”

Case Briefs Supreme Court

Suggestions to witness by defence and reply to the same forms part of evidence to determine guilt of accused; SC upholds conviction in murder case

Supreme Court was quick to clarify that if prosecution was unable to prove its case on its own legs, then it won’t be able to derive advantage from the weakness of the defence and the Court would not be able to convict the accused on the strength of the evidence in the form of reply to the suggestions made by the defence counsel to a witness.

Case Briefs Supreme Court

‘Possible that the entire story was a complete set-up by police’; Supreme Court set aside conviction in rioting, criminal trespass and murder case

The Supreme Court doubted the prosecution’s story due to various lacunas existing in it, the manner in which the investigation was conducted and the material inconsistency in the statements of the eyewitnesses.

Case Briefs High Courts

Suits not to be dismissed on technical grounds of procedural irregularity: Delhi High Court

The Delhi High Court opined that that technicalities and procedural defects, which do not go to the root of the matter, should not be permitted to defeat a just cause, more so in cases where suits are initiated or defended on behalf of public corporations.

Non-compliance of section 50 of NDPS Act

Case Briefs Supreme Court

Supreme Court issues notice to Intelligence Officer for non-compliance of Section 50 of the NDPS Act

The petitioner relied upon S.K. Raju v. State of West Bengal, (2018) 9 SCC 708 which had observed that wherever the search of a person takes place, the requirement of mandatory compliance of Section 50 of NDPS was attracted, irrespective of whether the contraband was recovered from the body of the person or not.

Case Briefs High Courts

Delhi High Court expresses concern over conversion of public places of worship into residence by Priests and Imams

The Delhi High Court took note of the fact that Article 25 of the Constitution of India does not bestow such a right.

Case Briefs Supreme Court

Non-impleading of all legal representatives won’t abate the suit if the estate of the deceased is substantially represented by other defendants

Placing its reliance on Bhurey Khan v Yaseen Khan 1995 Supp (3) SCC 331, the Bench stated that the suit will not abate for the reason of non-substitution of all legal representatives of the deceased if the suit was substantially represented.

Case Briefs High Courts

Failure to take due care while driving and overtaking amount to rash and negligent driving: Delhi High Court

While enhancing compensation in a motor accident claims case, the Delhi High Court opined that rash and negligent driving does not necessarily mean excessive speed. Not taking due care while driving and overtaking amounts to rash and negligent driving.

Case Briefs High Courts

Rajasthan High Court grants conditional appointment to the post of Prabhodhak (Teacher) vis-à-vis Basic School Teacher Course advertisement

After three rounds of litigation and 15 years of struggle, the petitioners got a conditional order of appointment to the post of Prabodhak.

Legal RoundUp Supreme Court Roundups

Supreme Court Constitution Bench March 2023| Two verdicts delivered; Maharashtra’s political battle reserved and commences matter pertaining to Doctrine of Group of Companies

Don’t miss out on the Constitution bench verdicts delivered on appointment of members of the Election Commission of India and the curative petition seeking enhancement of compensation for the victims of the world’s largest industrial disaster- the Bhopal Gas Tragedy.

Hot Off The Press News

Supreme Court collegium accedes to transfer request of two High Court Judges and rejects transfer request of Madras High Court Judge to North-East State

The three Supreme Court collegium resolutions were passed dated 28-03-2023.

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Google-CCI Case] |NCLAT upholds Rs1,337 crore penalty on google for abuse of dominant position in Android Mobile Device Ecosystem

The Tribunal while upholding the impugned order passed by CCI dated 20-10-2022, set aside 4 key directions issued in paragraphs 617.3, 617.9, 617.10 and 617.7.

Case Briefs High Courts

University of Delhi arbitrarily cancels seat alloted to a candidate; Delhi High Court directs admission in next academic year 2023-24

The delay on part of the petitioner in approaching the Court had led to the conclusion of admission process, due to which the candidates with lower merit would got admission which stood crystalised. Therefore, no exceptional circumstances existed in warranting issuance of directions to admit the petitioner in the academic year 2022-23.

Case Briefs High Courts

Protest by violent means can never be a part of Democracy, Delhi High Court overturns the discharge of accused in the Jamia violence case

“A protest cannot be allowed to endanger others, damage property, restrict essential services and such a protest cannot receive constitutional protection. The acts of violence and violent speech that instigates violence and endangers rule of law, damage public property and peace are not protected under the Indian Constitution.” opined the Delhi High Court

Hot Off The Press News

Supreme Court rejects challenge to the open ballot system in Rajya Sabha elections

The Supreme Court stated that an open ballot system does not mean it was open to one and all, but only to the authorised political party representative which was necessary to prevent cross voting and maintaining party discipline.