Editor_4, Author at SCC Times

‘Sovereign function of free medical aid not discharged by State’; P&H HC seeks explanation on lack of doctors, CT scan & MRI facilities at Civil Hospital

The Court stated that the State’s affidavit showed the dismal picture of incumbency and vacant positions in the Hospital as only two Medical Officers were posted against 39 sanctioned posts.

New releases News

Gujarat Law University awards Justice CK Thakker with Honorary Doctorate in Law & Education

Justice Thakker served as a Judge of the Supreme Court from 2004 till his retirement in 2008.

Case Briefs High Courts

‘Victim had sufficient knowledge, full capacity to know import of her actions’; Bombay HC grants bail to 24-year-old accused of raping his then 14-year-old girlfriend

“The victim has left her parents’ house without informing the parents and stayed with the accused for 3 days and 3 nights, she also confessed that she was in love with the accused and travelled along with him to different places and had a consensual encounter.”

Case Briefs High Courts

Punjab and Haryana HC rejects anticipatory bail plea in Rs. 7 Crores cybercrime through fake hearing before former CJI D.Y. Chandrachud

“It is noteworthy that instances of cyber fraud are increasing day by day, and according to the Data maintained by the Reserve Bank of India, Rs 3207 Crores were lost due to 5,82,000 cases of cyber-fraud between F.Y 2020 to F.Y. 2024.”

High Court Round Up Legal RoundUp

HIGH COURT FEBRUARY 2025 WEEKLY ROUNDUP | Stories on Masaba’s Trade Mark; Sidhu Moosewala’s Murder; Amandeep Singh Batra’s petition; Human Sacrifice; and more

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

Case Briefs High Courts

‘Normal life turned into misery’; Gujarat HC enhances compensation for minor victim who became paraplegic in a 25-year-old road accident case

“The pain and agony of a five-year-old child, who became paraplegic, is miserable, at least in the form of money, but sense prevails that it is the only occasion on which the Tribunal or the Court by adopting a pragmatic, realistic, and sensible approach to compensate the minor and/or to endeavour to put him back to the original position.”

Case Briefs High Courts

‘Novel plea of non-receipt of signed award copy cannot be raised in appeal’; Gujarat HC rejects NHAI’s appeals against dismissal of S. 34 applications due to delay

“A novel plea has been taken for the first time without any substantial basis on the factual aspects about the non-delivery of the copy of the award by the Arbitrator to the NHAI, in the present appeal, which cannot be appreciated within the limited scope of Section 37.”

Case Briefs High Courts

Punjab & Haryana HC quashes order denying parole to NDPS convict on mere assumption of reoffending during elections

As the poor person has been unnecessarily forced to approach this Court for seeking parole, the Court was inclined to impose exemplary costs on respondent 4 and 5, but the assurance is given that in future, parole matters shall be decided based on material available on record.

Case Briefs High Courts

‘Hyper technical & insensitive approach, ignored object of MV Act’; Gujarat HC allows plea against MACT’s order denying fair compensation

“Adopting a sensitive approach is crucial for the Tribunal. It plays a key and vital role in ensuring not only justice to the victim of the motor accident but also to determine just and fair compensation”

Case Briefs High Courts

‘Non-signing of witness depositions by Magistrate is fatal to prosecution case’; P&H HC acquits two teachers in assault case

Failure to abide by Section 275(4) Criminal Procedure Code, 1973 alone would be sufficient to suffocate the case of the prosecution, since the same is not an inconsequential irregularity, rather it impacts the entire prosecution.

Case Briefs High Courts

‘Adoption of Hindu child into Hindu family can be made even without a registered deed’; P&H HC denies grant of compassionate appointment to adopted daughter

The Court held that the adopted daughter could not be denied compassionate appointment because of a school certificate that mentioned the names of the original parents and not the deceased employee, due to the non-presentation of a registered adoption deed for change of parents’ names in school records.

Case Briefs High Courts

Appeal shall abate if fine imposed on conviction stayed by judicial order or deposited with Court before convict’s death: Punjab and Haryana HC

The issue is that the demise of appellants (‘convicts’) have rendered the power of attorney legally inoperative and invalid. As a fundamental principle of law, only a living person possesses the capacity to confer authority upon another to act on their behalf.

Case Briefs High Courts

‘Court’s power cannot be run down by seeking random directions, where there is legal course’; Telangana HC dismisses husband’s habeas corpus plea for wife’s production

The Court stated that the writ of habeas corpus was the most powerful safeguard against arbitrary acts of the executive, or even of private individuals, transgressing personal liberty.

Hot Off The Press News

Gauhati High Court grants interim anticipatory bail to YouTuber Ashish Chanchalani in India’s Got Latent controversy

An FIR was lodged against Ashish Chanchalani in Gauhati due to controversial remarks made by his co-panellist Ranveer Allahabadia on India’s Got Latent show

Events/Webinars News

RIDW 2025: Fox & Mandal to host a fireside chat and panel discussion on ‘Arbitration in the MEASA Region: Roadmap to 2030’

The theme for RIDW25 is “Managing Global Business Relationships: Legal Reforms, Commercial Strategies & Qualifications, Ethics, and Conflict of Interest in Dispute Resolution,” which will guide discussions on how to navigate the complexities of modern dispute resolution in an evolving global business landscape.

Case Briefs High Courts

‘Not a sexual predator but a young person involved in consensual relationship’; Bombay HC grants bail to 22-year-old man accused of raping his 16-year-old girlfriend

“Both the parties were of the age to have a reasonable understanding of the import of their conduct, and despite that, had engaged in the said act over a substantial period of time.”

Case Briefs High Courts

‘Legitimate personal account or homage’; P&H HC grants anticipatory bail to Manjinder Makha, author of book on Sidhu Moosewala’s murder

The book is a legitimate personal account or homage to Sidhu Moosewala, written by someone who knew him personally, and it is not a case of intellectual property theft.

Case Briefs High Courts

Punjab and Haryana HC directs State to take action against more than 4000 illegal constructions in DLF City, Gurugram

“It is amply clear that a powerful lobby of certain groups/land mafia, are ruining the very basic character of the developed colony in active connivance with the local administration.”

High Court Round Up Legal RoundUp

HIGH COURT FEBRUARY 2025 WEEKLY ROUNDUP | Stories on Marital Rape; Peter England’s Trade mark; Maggie; MP Abdul Rashid’s parole; and more

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

Case Briefs High Courts

‘Entirely based on false foundation’; Bombay HC dismisses condonation of delay application by National Highway Division in arbitration appeal

“It is now trite law that State agencies cannot hide behind the conventional excuse of bureaucratic delays and inefficiency in the State’s capacity, to condone delays.”