Editor_4, Author at SCC Times

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.”

High Court Round Up Legal RoundUp

HIGH COURT DECEMBER 2024 WEEKLY ROUNDUP | Stories on Balachandra Menon’s bail; Trade mark of Jack Daniels; Bhopal Gas Tragedy Cleanup; and more

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

Case Briefs High Courts

‘Misogynistic, sexist, archaic’: Kerala HC quashes Family Court order denying custody to mother stating she is of loose morals, cites several flaws

“Hearing these cases, we realize how much rigid gender roles and patriarchy have trickled down into societies and guide our thoughts and actions, even in ways we do not understand, at times. We unfortunately continue to follow and perpetuate such unconsciously, which surely warrants continuous education and close introspection.”

Case Briefs High Courts

Kerala High Court quashes domestic violence case filed by mother-in-law against parents of daughter-in-law for lack of domestic relationship

“When the proceedings under the DV Act are found to be an abuse of process of Court, in order to secure the ends of justice and to save the parties being put into a frivolous litigation, the High Court must exercise its power under Section 482 of CrPC or under Section 528 of BNSS, otherwise abuse of process of Court would not be addressed or prevented”.

Case Briefs High Courts

‘Men have pride and dignity too’: Kerala HC grants bail to actor-director Balachandra Menon in 2007 sexual assault case

“Based on the statement of a lady, that also after 17 years, the present case is registered. It is true that the investigation is going on. But, everybody must remember that the pride and dignity is not only to woman, but to men also.”

Case Briefs High Courts

‘Union expected to be more careful while giving reasons to candidates for not being appointed’: Delhi High Court

‘Being careful while giving reasons to candidates for which they have not been appointed would help in avoiding such litigation which entails cost for candidates who may not be able to afford it.’

Case Briefs High Courts

Purpose of Zero FIR under BNSS is to ensure victims can file complaints regardless of jurisdiction: Kerala HC directs Magistrate to reconsider DBS Bank application to register FIR

“Under Section 173(1) of BNSS, the police cannot refuse to register an FIR on the ground of “not having territorial jurisdiction” over the offence for the reason that some part of the offence was committed outside the local jurisdiction of that concerned police station.”

Case Briefs High Courts

Writ petition against administrative authority cannot be dismissed as ‘non-maintainable’ merely on ground of existence of alternative remedy: Kerala HC

There is a difference between entertainability and maintainability of a writ petition. Powers under Article 226 of the Constitution of India can be exercised in restricted circumstances and within well-defined parameters, even if there exists an alternate remedy.

Case Briefs High Courts

Non-compliance of natural justice principles, an exception to Rule of Discretion vis-a-vis exercise of HC’s jurisdiction under Art. 226: Karnataka HC

Court reiterated out that availability of an alternative remedy, would not be an embargo on the High Court’s power to entertain the petition under Article 226 in certain contingencies.

Case Briefs High Courts

Karnataka HC denies bail to Founder & Chairman of Sri Guru Raghavendra Sahakara Bank accused of misappropriating approximately Rs. 1553 crores

The bail application of the Founder-Chairman has been denied for the fourth time. Earlier, his bail was denied twice by the Court and once by the Supreme Court.

Case Briefs High Courts

Read why Kerala HC directed ED probe and payment to victims of Edamulackal Co-Operative Bank fraud case

The Court questioned the authorities as to why the initial FIR was lodged only against the former Secretary and the recovery proceedings were referred to the joint secretary who had no authority.

Case Briefs High Courts

Headmaster being guardian of school has duty to report POCSO incidents to child protection officer or police, Madras HC refuses to quash proceedings

Madras High Court noted that in this case, the Headmaster of the School at the time of occurrence, neither informed about the sexual assault committed by the accused persons to the authorities concerned nor taken any action against them

High Court Round Up Legal RoundUp

HIGH COURT DECEMBER 2024 WEEKLY ROUNDUP | Stories on Harsh Beniwal; Swarn Rekha River Revival Project; Sabarimala Pilgrimage; and more

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

IBBI and INSOL International Conclave 2024

Events/Webinars News

IBBI and INSOL India 2nd International Conclave on ‘Insolvency Resolution: Evolution and Global Perspectives’

The Insolvency Bankruptcy Board of India (‘IBBI’) and INSOL India held the 2nd International Conclave in Delhi on 7th December to engage in the path-breaking discourse surrounding the ever-evolving space of insolvency and bankruptcy.

Case Briefs High Courts

Delhi High Court sets aside detention order on woman’s personal gold jewellery, Exempts ‘personal effects’ from customs duty

Personal jewellery which is not found to have been acquired on an overseas trip and was always a used personal effect of the passenger would not be subject to the monetary prescriptions incorporated in Rules 3 and 4 of Baggage Rules, 2016.

Events/Webinars News

‘Unfiltered & pure Justice should be the goal for infusion of technology in legal system’: Justice Surya Kant at IIAM’s “Redefining ADR: New Opportunities for Justice Innovation” Conference

This conference entailed an in-depth discussion of the various modern-day topics in the field of Alternative Dispute Resolution such as the new amendment in the Arbitration Act, the upcoming Mediation Act, issues which plague the mechanisms, technological innovations and more.

Case Briefs High Courts

Kerala HC Directs Collector and Police to ensure safe pilgrimage to Sabarimala during Mandala-Makaravilakku Festival

Kerala High Court was reviewing the steps and action plans proposed by the Travancore Devaswom Board, the State Government, and the police to ensure the safety and security of pilgrims at Sabarimala.

Legal RoundUp Topic-wise Roundup

Criminal Law Roundup: A quick recap of the top criminal cases from November 2024

Top criminal cases on quashing of proceedings, arrest, bail, acquittal, and more.

Case Briefs High Courts

[Art. 311(2)(c)] Governor’s sanction without ‘subjective satisfaction’; Manipur HC upholds reinstatement of Sub-Inspector

“The Governor cannot just give assent by just writing “may be approved” without expressing subjective satisfaction as to the recommendation of the Committee of Advisors.”