Ridhi, Author at SCC Times

Minor Rape Case | Supreme Court extends anticipatory bail granted to POCSO accused

The Patna High Court had rejected the petitioner’s anticipatory bail in this matter, while the Supreme Court granted protection to the petitioner against arrest on 16-12-2022.

Case Briefs Supreme Court

Supreme Court’s verdict on daughter’s right to inherit ancestral property before Hindu Succession Act 2005 Amendment and validity of settlement deed, explained

Since the daughter had not signed the alleged settlement deed, the Supreme Court clarified that “In a suit for partition of joint property, a decree by consent amongst some of the parties cannot be maintained”.

Know thy Judge

Justice Sabina – Acting Chief Justice of Himachal Pradesh High Court, retires

The Supreme Court Collegium in February had recommended Justice Sabina’s name for appointment as the Chief Justice of High Court of Himachal Pradesh.

Events/Webinars New releases News

Justice BR Gavai releases VD Mahajan’s Constitutional Law of India revised by Dr. Sanjay Jain

Eastern Book Company organized the book launch of VD Mahajan’s Constitutional Law of India revised by Sanjay Jain which was released by Supreme Court’s Justice BR Gavai in the presence of Professor Upendra Baxi, Professor MP Singh, Senior Advocate KV Viswanathan and Senior Advocate Gopal Sankaranarayanan and other legal luminaries.

Case Briefs District Court

Strip search procedures in prisons violate privacy rights of undertrial prisoners: Greater Mumbai Special Court

The Court of Special Judge under MCOC Act issued directions for conducting search of under-trial prisoners using scanner or electronic gadgets.

latest Supreme Court judgment on 498A in 2022

Law made Easy

Latest Supreme Court Judgments on 498A in 2022

Find the list of latest Supreme Court judgment on 498A in 2022 revolving around specificity in allegations, evidentiary value of dying declaration, etc.

Case Briefs High Courts

Resolution Professional under IBC is a ‘public servant’ under Prevention of Corruption Act: Jharkhand High Court

Jharkhand High Court clarified that Section 233 of Insolvency and Bankruptcy Code (‘IBC Code’) gives protection to a resolution professional from criminal prosecution for acts in good faith, and not where he has been apprehended red-handed with the bribe amount.

Case Briefs Supreme Court

Supreme Court sets aside Punjab and Haryana HC’s reduction of sentence in rash and negligent driving case

Supreme Court said that the High Court did not properly consider the instant case of rash and negligent driving, and that the principle aim and object of IPC is to punish offenders.

Case Briefs High Courts

Cases where relationship turns sour cannot be inferred that the physical relationship established on every occasion was against will; Bombay High Court discharges accused in false promise of marriage

Bombay High Court commented that refusal to discharge the accused merely with an observation that intercourse was forcible at some time cannot be said to be a justified exercise of power.

Case Briefs High Courts

Jharkhand High Court quashes order by jail authorities of blacklisting food supplier for 5 years

The Jharkhand High Court said that a show cause notice specifying grounds for the proposed action is mandatory in order to enable the other party to answer the case before passing blacklisting orders.

Case Briefs High Courts

‘Husband has moral and legal liability to maintain wife, even if he is a professional bagger’: Punjab and Haryana High Court

Keeping regard with the trend of rising prices and the basic needs getting costlier, the Punjab and Haryana High Court said that maintenance awarded by the Trial Court could not be said to be on a higher side.

Case Briefs Supreme Court

Noida’s Grand Venice Mall not a tourist destination; not entitled to freehold rights and tax exemption: Supreme Court

The Supreme Court rejected petitioner company’s claim based on a policy of 2013 amended in 2016 for subject land whose completion certificate was already issued in 2015 since it turns out to be hollow due to its non-applicability on the subject land or the petitioner’s project.

Case Briefs Supreme Court

‘No inconsistency between Regulation 30-A of IBBI Regulations and Section 12-A of IBC’; Supreme Court sets aside NCLT order

Supreme Court clarified that the substituted Regulation 30-A of IBBI Regulations clearly provided for withdrawal applications being entertained before constitution of Committee of Creditors.

Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

Tribunal, Regulatory Bodies and Commissions Monthly Roundup | Top 13 Legal Stories covering Google-CCI case, FTS under India Netherlands DTAA, RCap Resolution, RBI Penalty on Amazon, SEBI Penalty on Arshad Warsi, and more from March 2023

Find interesting rulings by NCLT, NCLAT, RBI, ITAT, SEBI, NCDRC covering legal stories on FTS under India Netherlands DTAA, reconsideration of approved resolution plan in insolvency proceedings, definition of financial debt, compensation against doctor’s legal obligations, and much more.

Case Briefs Supreme Court

‘Transfer of trial to another State will cause serious impediment’; Supreme Court refuses to transfer murder case trial outside State of West Bengal

Supreme Court commented on the patent illegalities and the pro-active exercise of multiple jurisdictions in the instant case.

Case Briefs District Court

Delhi Court denies bail to Manish Sisodia in Delhi Liquor Excise Policy Case

The Delhi Court concluded that Manish Sisodia played the most important role in the said criminal conspiracy in the liquor policy case, being deeply involved in the formulation and implementation of policy ensuring the alleged objectives.

Case Briefs Supreme Court

Explained | Supreme Court explains the amendment of plaint under Order 6 Rule 17 of CPC and maintainability of fresh suit as per Order IX Rule 9 of CPC

Supreme Court said that if the alternative plea introduced by plaintiff through an amendment is one which the defendant set up in his written statement, although inconsistent with the original plea, the Court is not precluded from allowing the amendment if it does not prejudice the defendant.

Case Briefs Supreme Court

Complaints with ‘highly disputed questions of facts’ cannot be decided by Consumer Disputes Redressal Commission/Forum: Supreme Court

Supreme Court quashed the original complaint and said that respondent miserably failed to discharge his burden to prove deficiency in service on part of the bank.

Case Briefs High Courts

Kerala High Court quashes withdrawal of nomination of Senate Members of Kerala University by the Chancellor

Kerala High Court concluded that the process of nomination of Senate Members is not an act of constituting an agent or mouthpiece to speak his master’s voice.

Case Briefs Supreme Court

Supreme Court refuses to relax wildlife declaration time under Wild Life (Protection) Act, 1972; upholds Kerala High Court Division Bench’s decision

Supreme Court refused to allow relaxation of time for declaration of custody or possession of any captive animal or animal article.