Deeksha, Author at SCC Times

SC rejects Adani Power’s plea for Late Payment Surcharge of Rs. 1376.35 Crores from JVVNL: Understanding Adani power versus Rajasthan Discoms dispute

The Supreme Court imposed costs of Rs. 50000 on Adani Power Rajasthan Limited.

SC issues notice on six Congress rebel MLAs plea for stay on disqualification from Himachal Pradesh Assembly

Six MLAs of the Congress party were disqualified by the Speaker of the Himachal Pradesh Legislative Assembly after their cross-vote in the Rajya Sabha polls.

Case Briefs Supreme Court

‘Non-compliance of Section 173(2) of CrPC raises many legal issues’; SC discusses police report procedure and contents in detail

“The form of the police report under Section 173(2) of the CrPC is prescribed by the State Government and each State Government has its own Police Manual to be followed by the police officers while discharging their duty.”

Case Briefs Supreme Court

[Misbranding of Zero Calorie Sweetener] SC sets aside Gujarat HC’s order for trial de novo; cites absence of material averments in complaint

“The burden of proof cannot be put on the accused to prove that they were not manufacturing table top sweeteners.”

Case Briefs Supreme Court

Celebratory firing during marriage ceremonies has disastrous consequences; SC alters conviction u/s 302 to S. 304 Part II IPC

The convict opened fire in a marriage ceremony without taking reasonable measures for safety, which led to the unfortunate demise of the deceased.

Case Briefs Supreme Court

Abetment of Suicide | ‘Frustrated on account of work pressure’; SC quashes case under S. 306 IPC

“The deceased was frustrated on account of work pressure and was feeling the pressure of working in two different districts.”

Case Briefs District Court

[Rarest of rare case] Orissa Court awards death sentence to five for chopping hands, legs and committing spine-chilling murder

“The series of inhuman acts involved extreme brutality and exceptional depravity and the crime was committed in an extremely brutal, grotesque, diabolical, revolting and dastardly manner.”

Case Briefs Supreme Court

Supreme Court suspends sentence of murder convict in custody for past 14 years

The convict was charged with offence under Sections 147, 148, 302 read with Section 149 of the Penal Code, 1860.

Case Briefs High Courts

Gujarat HC orders arrest of Chinese vessel against pilot’s claim for permanent injury due to collapse of gangway

The gangway collapsed and the marine pilot fell from the gangway onto the wharf, which resultantly crushed and severely fractured his left-hand wrist.

Case Briefs Supreme Court

True and voluntary dying declaration can be sole basis of conviction without any corroboration: SC

“Dying declaration can be the sole basis of the conviction if it inspires the full confidence of the Court and the deceased was in a fit state of mind at the time of making the statement and that it was not the result of tutoring, prompting or imagination.”

Hot Off The Press News

Retweeting Dhruv Rathee’s Video | SC extends stay on defamation case against Arvind Kejriwal till May 13

Delhi Chief Minister Arvind Kejriwal retweeted a video, posted by YouTuber Dhruv Rathee where allegations were made against Bharatiya Janata Party’s IT cell.

High Court Round Up Legal RoundUp

HIGH COURT MARCH 2024 WEEKLY ROUNDUP| Stories on GOLD STEP v. GOLD FLAKE; Section 125 CrPC; Dear Jassi; Compassionate Appointment; Bail in Sexual Assault and more

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

Case Briefs Supreme Court

“Evidence of police witnesses full of contradictions and thoroughly unconvincing”; SC sets aside conviction under NDPS Act

The Court found glaring loopholes in the prosecution case regarding the preparation of the samples of the contraband and safe keeping of the samples.

Case Briefs Supreme Court

Non-Implementation of RTE Act, 2009 and allegations of poor conditions of schools in Bihar: SC issues notice to authorities

A social activist group dedicated to the common cause for imparting education to the children, alleged that several schools in the district of East and West Champaran were in bad condition.

Case Briefs High Courts

Orissa HC declares nomination and election of Congress MLA Mohammed Moquim, as void

“A responsible man seeking election to the House of the State Legislature is not expected to file his nomination whimsically without verifying the contents thereof.”

Case Briefs High Courts

Dismissal of married daughter’s candidacy for compassionate appointment is arbitrary and violative of Constitution: Orissa HC reiterates

The policy of the State Government which disqualifies a ‘married’ daughter and excludes her from consideration for compassionate appointment, apart from being arbitrary and discriminating, is a retrograde step.

Immunity for MPs and MLAs casting vote on bribe

Case Briefs Supreme Court (Constitution/Larger Benches)

Supreme Court strips MPs, MLAs of Immunity for Casting Votes after taking Bribes: Breakdown of the 7-Judge verdict

In P.V. Narasimha Rao v. State (CBI/SPE), (1998) 4 SCC 626, the 5-Jugdge Bench held that the MPs and MLAs enjoyed immunity if they cast vote in the House after taking bribe for it.

Case Briefs High Courts

YouTuber Dhruv Rathee proposes to blur Dabur’s Real Juice packet in Video; Calcutta HC agrees for exploring amicable settlement

Dhruv Rathee uploaded a video on his YouTube channel claiming that the consumption of packaged fruit juices leads to type II diabetes and that drinking packaged fruit juices leads to hair loss and is harmful if consumed.

Case Briefs Supreme Court

Inside Supreme Court’s decision on principles of Adverse Possession and Limitation in property disputes

“A person claiming adverse possession should show, as to on what date he got the possession; the nature of his possession; whether the factum of possession was known to the other party; how long his possession has continued; and that his possession was open and undisturbed.”

Disqualification for having more than 2 children

Case Briefs Supreme Court

SC upholds disqualification for police constable post for having more than 2 children

Rule 24(4) of the Rajasthan Police Subordinate Service Rules, 1989 provides that “no candidate shall be eligible for appointment to the service who has more than two children on or after 01-06-2002”.