Simranjeet, Author at SCC Times

[Sexual Harassment] Accused being a police personnel cannot be a ground to presume that witnesses will not depose against him: Delhi HC upholds setting aside of dismissal order

The Court stated that only because respondent is police personnel, it cannot be a ground to hold him guilty without conducting the statutorily prescribed departmental enquiry and that too in a matter, where the complainant and the witnesses are also police personnel.

Case Briefs High Courts

[2008 Delhi Serial Bomb Blasts] Delhi HC dismisses plea of three members of “Indian Mujahideen” group against the order denying them bail

Appellant along with other associates, is alleged to have hatched conspiracy of serial blasts in Delhi, resulting in explosions causing killing of 26 people and injury to 135 people.

Case Briefs High Courts

No statutory provisions to exempt PepsiCo from complying with Rule 6(1)(a) of Standards of Weights and Measures (Packaged Commodities) Rules, 1977: Telangana High Court

Under Rule 6(1)(a) of the 1977 Rules, a manufacturer is required to mention on every package the name, address, telephone number, e-mail address of the person or the office that could be contacted in case of a consumer complaint.

Case Briefs High Courts

Patna HC orders Department of Police to pay Rs 2 lakh compensation to a man subjected to custodial violence and police atrocity

Police excesses and maltreatment of detainees/undertrial prisoners or suspects, tarnishes the image of any civilised nation, and encourages the men in ‘Khaki’ to consider themselves to be above the law and sometimes even to become law unto themselves.

Case Briefs High Courts

‘Issue pending before the Supreme Court’; Delhi HC dismisses PIL seeking issuance of guidelines for release of undertrial prisoners on bail

The Supreme Court has issued directions to each State Government to set up a designated Committee, which has its focus on taking steps for setting up new jails, expanding the existing facilities in the jails, and providing facilities to the inmates using technology.

Cases Reported Never Reported Judgments

Never Reported Judgment | Quantum of costs to be proportionate to the amount in respect of which the party succeeds in a suit [(1953) 1 SCC 286]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on quantum of costs.

Case Briefs High Courts

Delhi High Court directs expeditious conclusion of Magisterial inquiry into the custodial death of a 32-year-old man

Sheikh Sahadat, a 32-year-old person was found dead in police custody with black and blue marks of beatings all over his back and chest and with swelling on his hands and legs.

Case Briefs High Courts

‘Compensation fixed as token’; Patna HC directs two Judicial Officers to pay Rs 100 each to a man for subjecting him to trial u/s 498-A IPC not maintainable against him

The amount of compensation is fixed as a token to remind the Judicial Officers that before taking cognizance and during judicial inquiry and trial, it is the bounden and obligatory duty to go through the complaint carefully and then take cognizance.

Case Briefs High Courts

Situation in record rooms of District Courts is grim; weeding out of record needs to be monitored on regular basis: Delhi High Court

In respect of the weeding out of the record, committees to monitor the weeding out are constituted in each District Court; and around 52000 files are already weeded out.

Case Briefs High Courts

Delhi High Court directs Delhi University to ensure proportionate allotment of PG seats in St. Stephen’s College

The Court opined that the “rebellious” attitude of St. Stephen’s College, in subjecting students shortlisted for admission to PG courses, by Delhi University (‘DU’), to a further round of interview, is the main factor which provoked DU to reduce number of seats allocated to St. Stephen’s College.

Case Briefs High Courts

Delhi High Court quashes FIR on a unique condition to assist Traffic Police at traffic signal for 30 days

The Court opined that as parties have amicably settled their disputes, no useful purpose shall be served in continuing with proceedings of the present FIR as it will create further acrimony between the parties.

Case Briefs High Courts

Telangana HC directs State to consider Mohammed Ali Hyder’s candidature as Shia Community’s representative before State Legislative Council

Petitioners sought relief under Article 226 of the Constitution, to consider the letter and do the needful by nominating a Shia Muslim community member in Telangana Legislative Council under Governor’s quota for upliftment of their community.

Case Briefs High Courts

Telangana HC permits Lord Sri Veera Hanuman Vijaya Yatra in Nirmal District; restricts playing music within 150m of mosques

Petitioner was directed to ensure that the persons with criminal antecedents did not participate in the Hanuman Vijaya Yatra.

Case Briefs High Courts

[Delhi Riots] ‘Aspects related to riot-like violence, burning of Delhi openly discussed in meetings’; Delhi High Court denies bail to Salim Malik

In the meetings dated 20-2-2020 and 21-2-2020 at Chand Bagh and again on 22-2-2020 and 23-2-2020, there were talks of finances, arranging arms, procuring of petrol bombs for killing of people and arsoning of property and destruction of CCTV installed in the area.

Case Briefs High Courts

Manohar Parrikar Institute for Defence Studies and Analyses is an ‘instrumentality of State’ under Article 12 of the Constitution: Delhi High Court

An entity is required to be tested on three parameters namely, (a) financial, (b) functional, and (c) administration for its inclusion as ‘other authority’ in Article 12 of the Constitution.

Case Briefs High Courts

Gauhati HC directs State to file affidavit indicating results of tests conducted by Nodal Agencies to check formaldehyde use in imported fish

Though the State Public Health Laboratory; College of Fisheries; Gauhati University; Nagaon College; and Dibrugarh University had found chemical formaldehyde in fishes, the Fishery Department in its survey found all the samples to be negative.

Case Briefs High Courts

Gauhati High Court directs State to furnish details of interim measures to be taken to deal with pollution of Bharalu River

For dealing with pollution of Bharalu River, three Sewage Treatment Plants are proposed to be constructed at different locations and Phases-I and II of the project are scheduled to be completed in the year 2030.

Case Briefs High Courts

Making derogatory complaints to spouse’s employer with intent to harm professional reputation amounts to cruelty: Delhi High Court

Making derogatory complaints against spouse demonstrate lack of mutual respect and goodwill, which is crucial for a healthy marriage and merely by stating that such complaints are made after parties had separated, in no manner absolves a spouse from the guilt of committing cruelty on the receiving end.

Case Briefs High Courts

A woman cannot be held liable for abetment to suicide, if a lover commits suicide due to love failure: Delhi High Court

The allegation with respect to applicants teasing the deceased in regard to the failure of his romantic relationship with applicant does not appear to be instigation which would amount to abetment of suicide in terms of Section 306 of the Penal Code, 1860.

Case Briefs High Courts

Handling of Cargo in Customs Areas Regulations, 2009 is ultra vires the Customs Act, 1962: Telangana High Court

The High Court observed that the levy of cost recovery charges, i.e., salaries payable to customs staff deployed at the Airport, is an administrative charge and is a tax and hence, it cannot be exacted from GMR Hyderabad International Airport Ltd. without any statutory provision.