Deeksha, Author at SCC Times

Gujarat HC dismisses Arvind Kejriwal and Sanjay Singh’s plea against summons in PM Modi Degree Defamation case

Gujarat University had filed a defamation case against Arvind Kejriwal and Sanjay Singh over the alleged defamatory remarks made regarding the educational degree of PM Narendra Modi.

Case Briefs High Courts

[Trafficking for Sexual Exploitation] S. 370-A IPC offence made out only when sex worker’s customer has procured her for another person: Orissa HC

“In the absence of material that women are trafficked for the purpose of engaging for sexual exploitation, the offence under Section 370-A (2) of the IPC cannot be attracted against the customer”.

Army personnels alleged of fake relationship certificate

Case Briefs Supreme Court

Enrollment in Army based on Fake relationship certificate with servicemen/ex-servicemen: SC orders reinstatement of army personnels with consequential benefits

The Army personnels were dismissed from the services stating that the relationship certificate with the servicemen/ ex-servicemen, submitted for recruitment, were found to be manipulated and false during the verification.

Case Briefs Supreme Court

Subordinate legislation ultra vires to Parent Act? Supreme Court summarises principles for deciding cases

“If a rule is challenged as being ultra vires, the Court must, firstly, determine and consider the source of power, secondly, the meaning of the subordinate legislation, and that whether the subordinate legislation is consistent with and within the scope of the delegated power.”

Case Briefs High Courts

‘No clarity on nature of action taken for removal of unauthorized religious structures’; Gujarat HC directs State to file fresh affidavit

“Out of total unauthorized religious constructions, the action was taken with respect to only 23.33 per cent of them”.

Case Briefs Supreme Court

SC directs Registry to stop referring to Trial Courts as Lower Courts

Record of the Trial Court should be referred to as the ‘Trial Court Record’ and not ‘Lower Court Record’.

High Court Round Up Legal RoundUp

HIGH COURT FEBRUARY 2024 WEEKLY ROUNDUP| Stories on Sexual Abuse of Wife; Arbitral Awards; National Commission for Scheduled Caste; Gyanvapi Mosque; Manual Scavengers and more

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

MoEFCC’s permitting ex post facto environmental clearance

Case Briefs Supreme Court

Supreme Court clarifies stay on MoEFCC’s office memoranda permitting ex post facto environmental clearance

“The order dated 02-01-2024 will not come in the way of competent authorities considering proposals for modifications/alterations in the environmental clearance if the area of the projects had a valid environmental clearance prior to 07-07-2021.”

Case Briefs Supreme Court

SC disapproves NGT’s frequent ex-parte orders; says ‘a beacon of environmental protection must balance between justice and due process’

“The Tribunal must tread carefully to avoid the oversight of propriety, the practice of ex-parte orders and the imposition of damages amounting to crores of rupees.”

Case Briefs High Courts

Special Courts can try cases of former and sitting MPs/MLAs irrespective of their status at the time of commission of offences: Manipur HC

“The Special Courts for MPs/ MLAs have jurisdiction to try all cases against the former and sitting MPs/ MLAs, even if the offence were committed prior to becoming a legislature or as a sitting legislature or after demitting office.”

Case Briefs Supreme Court

POCSO| Supreme Court sentences 45-year-old man to 30 years imprisonment for raping 7-year-old girl in temple

A fine of Rs. One Lakh was imposed on the victim to meet the medical expenses and rehabilitation of the minor victim.

Case Briefs High Courts

[PASA, 1985] Mere registration of FIR cannot have nexus with breach of maintenance of public order; Gujarat HC quashes preventive detention order against step-father

A detention order was passed by the Police Commissioner, Surat, against the victim’s step-father and was detained under the Gujarat Prevention of Anti-social Activities Act, 1985 as a sexual offender for disturbing the ‘public order’.

Duty drawback under Exim Policy to civil construction

Case Briefs Supreme Court

SC upholds Karnataka HC’s decision granting 15% interest on belated refund of Duty Drawback to Civil Construction under Exim Policy 1992-1997

“The benefit of duty drawback would take effect from the date of enforcement of the Exim Policy and in case of belated refund of duty drawback, interest rate fixed by the Central Government at the relevant point of time is applicable”.

Hiring motor vehicles and transfer of right to use goods

Case Briefs Supreme Court

When does hiring of motor vehicles give rise to transfer of right to use any goods and amount to sale under Art. 366 (29A) (d)? Supreme Court answers

“Clause 29A(d) of Article 366 of the Constitution of India refers not to the transfer of property in the goods to the buyer but to the transfer of the right to use any goods for any purpose for consideration.”

Case Briefs High Courts

[S. 106 Evidence Act] For shifting burden of proof on accused to explain death, prosecution must give clear and cogent evidence: Orissa HC

‘Section 106 of Evidence Act never relieves the prosecution from establishing prima facie guilt of the accused beyond all reasonable doubt, only when the same is established, the burden would shift to the accused.’

Hot Off The Press News

Delhi Court allows Manish Sisodia to meet his ailing wife once a week

Manish Sisodia met his wife last on 10-11-2023 and sought permission from the Court to meet his wife twice a week at his residence.

Case Briefs Supreme Court

Identification of private forests in Goa| ‘No uniform criteria due to distinctive geographical features’; SC holds existing criteria valid

The identification of forests in Goa is based on forest tree composition, canopy density and minimum area.

Case Briefs Supreme Court

Omission to label demolition notice with provision under which it was issued would not make it nugatory if substance clearly stated: SC

‘Eviction proceedings under Section 16(1)(i) and (k) of the Maharashtra Rent Control Act, 1999 have different degrees of urgency, the former has a lesser degree of urgency than later, and it is within the jurisdiction of the Court to test this factor.’

Case Briefs High Courts

‘Rs. 500-900 per month is paltry’; Orissa HC directs State Government to reconsider pension for disabled persons

A pension of Rs. 500 to Rs. 900 per month is being given by the State Government to persons with disability, under the State sponsored Scheme Madhu Babu Pension Yojna as per their eligibility.

Hot Off The Press News

Highlights of Interim Budget 2024; Fiscal deficit in 2024-25 estimated to be 5.1 per cent of GDP: Finance Minister

The interim budget 2024 contained strategies indicating approach for making India Viksit Bharat by 2047. No changes proposed in indirect and direct taxes.