Editor_4, Author at SCC Times

Army disability pension for hypertension

Case Briefs Tribunals/Commissions/Regulatory Bodies

Armed Forces Tribunal grants disability pension to former army personnel suffering from primary hypertension

The applicant was enrolled in the Indian Army in 1985 in a fit state of health and mind, however, after 26 years of service he was diagnosed with primary hypertension @30% for life and was subsequently discharged.

Case Briefs High Courts

UP Amendment to S. 16 of HAMA does not require registration of adoption deeds executed before 1-1-1977: Allahabad HC reaffirms

“The U.P. Amendment in Section 16 was made operative w.e.f. 01-01-1977, as such, according to the provisions under the Hindu Adoptions and Maintenance Act, 1956, there shall be presumption that adoption has been made in compliance of the provisions of the Act unless and until it is disproved.”

Hot Off The Press News

Department of Personnel & Training appoints and extends the additional charge of several Presiding Officers of DRTs

The Appointments Committee of the Cabinet appointed 11 new Presiding Officers and extended the additional charge arrangements of 8 existing Presiding Officers in various cities.

Case Briefs High Courts

‘Medical reimbursement cannot be denied for treatment in hospital unapproved by Insurer’; Kerala HC directs ESIC to reimburse medical expenses

“ESIC’s insistence on an emergency certificate to process the petitioner wife’s claim is untenable and hyper-technical”

Case Briefs High Courts

Bombay HC imposes Rs 1 Lakh cost on Lalit Modi for seeking indemnification from BCCI against ED’s penalty

“In matters of alleged indemnification of the petitioner in the context of penalties imposed upon Lalit Modi by the ED, there is no question of discharge of any public function, and therefore, for this purpose, no writ could be issued to the BCCI.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Adjustment of revenue surplus prior to re-organisation from ARR of subsequent years post reorganisation not aligned with scheme of reforms under S.131 Electricity Act: APTEL

“As per transfer scheme issued under Section 131 of Electricity Act 2003, the Distribution companies cannot be treated as successors in the interest of the Bihar State Electricity Boards in respect of any surplus found in the books of BSEB relating to the period prior to re-organisation.”

High Court Round Up Legal RoundUp

HIGH COURT DECEMBER 2024 WEEKLY ROUNDUP | Stories on Atul Subhash Suicide Case; Late MM Lawrence; Thanjavur Schoolgirl Suicide; MK Nasar’s release; and more

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

Hot Off The Press News

Former Supreme Court Justice Madan B. Lokur appointed as Chairperson of UN Internal Justice Council

Retired Justice Madan Bhimrao Lokur served as a Supreme Court judge from 2012 to 2018.

Case Briefs High Courts

‘Prima facie consensual relationship’; Kerala High Court grants anticipatory bail to film director Omar Lulu in rape case

“It is a well-accepted principle that bail is the rule and jail is the exception.”

Case Briefs High Courts

Kerala High Court holds Charitable Society Members running Nazareth Pharmacy College to be ‘public servants’ under Prevention of Corruption Act, 1988

“If the ‘State function’ or ‘public function’ is discharged under a legal obligation or by a governmental or statutory direction, such ‘State function’ is treated as ‘public duty’.”

Case Briefs High Courts

Kerala HC expands Nodal Officer’s jurisdiction to receive & forward complaints of Malayalam film industry victims not presented before Justice Hema Committee

A Nodal Officer has been appointed in the Malayalam Film Industry Case for complainants receiving threatening calls and those who had not filed complaints before the Justice Hema Committee.

Case Briefs High Courts

Kerala HC rejects appeal for Late CPI(M) leader M.M. Lawrence’s religious burial; Upholds body donation to medical college

“There is no contradiction in as much as the deceased could be a devout Christian and yet wished to donate his body to science.”

Case Briefs High Courts

Kerala HC quashes defamation proceedings against Ex-MP Sebastian Paul for comparing lawyers to street dogs

The case revolves around a controversial speech made by the former MP comparing certain lawyers to street dogs at a time when there was strife between the lawyers and journalists in Kerala.

Case Briefs High Courts

“Merely passing lengthy orders, only to fill up the pages, will not mean an order on application of mind”: Karnataka High Court

“It is the application of mind that is necessary in law and not application of ink; it is not the flow of ink on the paper that is necessary in law, but flow of content depicting such application of mind.”

Legislation Updates Rules & Regulations

SEBI modifies qualifications required for research analysts seeking registration: SEBI (Research Analyst) (Third Amendment) Regulations, 2024

Research analysts will now have to disclose the extent of use of AI in providing research services to their client.

Case Briefs High Courts

‘Frivolous application filed for delaying disposal’: Kerala HC rejects actor Sunil’s plea to recall two expert witnesses for cross examination in 2017 actor assault case

“A prosecution witness, who was examined already, cannot be recalled by exercising the powers under Section 233 CrPC. However, such an exercise can be done under Section 311 CrPC at any stage, including that of Section 233, provided all the requirements and parameters of Section 311 are otherwise satisfied.”

Case Briefs High Courts

Is a government servant entitled to full pay and allowances during suspension until the conclusion of disciplinary proceedings? Kerala HC answers

“Merely because the disciplinary authority has the power to order suspension, does not lead to the situation that he should be kept under suspension till the disciplinary proceedings are concluded.”

Case Briefs High Courts

‘No law fixes responsibility on officers to verify age of arrestees’: Kerala HC issues directions to prevent mistaken trial of juveniles as adults

“It is most unfortunate that the convicts had to undergo incarceration in prison for a period of about 14 years due to the failure of the authorities concerned to take note of the fact that they were juveniles at the time of the commission of the crime.”

Case Briefs High Courts

Rivalry between parties can’t override prima facie evidence of overt acts captured on CCTV: Kerala High Court refuses to quash POCSO case

“It is true that, when the parties are in rivalry, false implication of one among them in a serious crime would be resorted to wreak vengeance and to see the obliteration of the opponent. At the same time, there may be occurrences otherwise also.”

Case Briefs High Courts

Read why Kerala HC suspended MK Nasar’s life sentence in 2010 Prof. TJ Joseph’s hand-chopping case

“The applicant [MK Nasar] has been undergoing incarceration, at the pre-conviction and post-conviction phases, for over 9 years. Furthermore, the fact that the accused facing the same allegations were earlier imposed a lesser term of imprisonment and have been released after having undergone the sentence is a factor that cannot be ignored.”