Ritu, Author at SCC Times

Migration ‘from Haryana to Rajasthan’ after Marriage does not affect migrant woman’s EWS eligibility: Rajasthan High Court

“The status of the petitioner of belonging to Economically Weaker Section (‘EWS’) category is not in dispute herein.”

‘Emotional affection without physical relations does not constitute Adultery’; MP High Court upholds interim maintenance order

The Court clarified that under Section 125(4) CrPC, maintenance can only be denied if the wife is living in adultery, which requires proof of a sexual relationship.

Case Briefs High Courts

MP High Court grants bail to rape accused with condition to handover documents, electronic gadgets, social media access for investigation

The Court directed accused to handover his all electronic gadgets like mobile, laptop etc. to the investigating agency along with the password of his all social media platforms like Facebook, Instagram, whatsapp etc. for the investigation.

Case Briefs High Courts

“Litigant and his lawyer have a basic obligation not to deceive/mislead the Court”; Rajasthan High Court imposes ₹ 50,000/- cost on counsel

“The distorted facts as stated before this Court not only prove to be an attempt to mislead the Court but also an attempt to waste precious time of the Court.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Financial Creditors’ involvement in project monitoring does not absolve Corporate Debtors from repayment obligations: NCLAT

“Any dispute even pending in the arbitration does not in any manner prohibit the financial creditor to take remedy under Section 7 IBC.”

Know thy Judge

Know Thy Judge | Justice Surya Kant: Journey from bustling town of Hisar to the Supreme Court of India

Justice Surya Kant embarked on a remarkable journey that saw him rise from humble beginnings to being the Judge of the Punjab and Haryana High Court, Chief Justice of Himachal Pradesh High Court and ultimately the Judge of the Supreme Court of India.

Case Briefs High Courts

“AAG is not public office”; Rajasthan High Court dismisses challenge to Padmesh Mishra’s appointment as AAG in Rajasthan

The Court held that the requirement of 10 years’ experience in High Court/Supreme Court practice, as outlined in the State Litigation Policy, is not mandatory pre-condition for appointment as AAG.

Case Briefs High Courts

“Senior citizens have right to peaceful living”; MP High Court upholds Son-in-Law’s eviction from Father-in-Law’s property

The right to peaceful and secure living environment for father-in-law under Maintenance and Welfare of Parents and Senior Citizens Act outweighed the son-in-law’s legal ownership or adverse possession claims.

Case Briefs High Courts

Missing persons cases can’t be brought under Habeas Corpus, unless illegal detention is established: MP High Court

“Cases of missing persons are to be registered under the regular provisions of the Penal Code and the Police officials concerned are bound to investigate the same in the manner prescribed under the Code of Criminal Procedure.”

Case Briefs High Courts

MP High Court disposes of Guest faculty’s plea alleging coercion by college authorities to join RSS; State assures prompt action against authorities

The petitioner stated that college authorities compelled him to participate in activities of the Rashtriya Swayamsevak Sangh (RSS) which does not align with his personal beliefs.

Case Briefs High Courts

Yoga certificate not valid sports certificate for purpose of awarding bonus marks for PT Instructor recruitment: Rajasthan High Court

As per Ministry of Youth Affairs and Sports notification dated 21.12.2016, Yoga is not recognized as a sport.

Case Briefs High Courts

MP High Court dismisses petition challenging removal of religious structure with ₹ 25,000/- cost; questions motive behind targeting one temple

“Being a journalist, petitioner ought to have conducted a survey in Indore or Madhya Pradesh about all the illegal constructions before filing this PIL. Therefore, such a petition cannot be treated as Public Interest Litigation when the petitioner is interested only in one temple.”

Case Briefs High Courts

MP High Court imposes cost of ₹50,000/- on State for harassment; directs Chief Secretary to caution DMs against politically influenced decisions

The Court held that lodging an FIR does not equate to conviction as per the requirements of the M.P. Rajya Suraksha Adhiniyam, 1990.

Know thy Judge

Crafting a Lasting Legacy in ADR and Legal Aid, Justice Hrishikesh Roy, retires

Justice Hrishikesh Roy is known for his notable contributions to the causes of alternative dispute settlement and legal aid.

Case Briefs High Courts

Are married individuals, in live-in-relationships with others, entitled to police protection? Rajasthan High Court refers matter to larger bench

“Live-in-relationship is an agreement in which two persons live together in a short or long term relationship. The Hindu Marriage Act, 1955 does not recognise the concept of live-in-relationship. Even in Muslim Law, no recognition has been given to such relationship.”

Case Briefs High Courts

Rule 11(1)(v) of Rajasthan Parole Rules recognises wife’s impending delivery as valid ground for emergent parole: Rajasthan High Court

“Without any justified reason, the application filed by the petitioner has not been decided by the District Magistrate/ District Committee. Aforesaid act of the authorities is not in consonance with the mandatory provisions contained under Rule 23 of the Rule of 2021.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT dismisses Akshay Kumar’s insolvency plea against Math tutoring platform, Cue Learn

“The essence of the IBC lies in resolving insolvency matters through a process driven approach, and any deviation from its prescribed scope would undermine the legislative intent of the Code.”

Case Briefs High Courts

“Gaps in structure attributed to seasonal changes”; MP High Court dismisses plea alleging cracks in newly constructed Flyover

“Since no research or scientific report has been placed by the petitioner to support the claims, we are not inclined to entertain the present petition.”

Case Briefs High Courts

“PIL filed to settle personal score, no illegality in construction of shopping complex”; MP High Court imposes ₹25,000/- cost

“The petitioner has unnecessarily given the negative publicity of this matter against the Panchayat has resulted into delay of sale of the shops.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT allows liquidation of Go First Airways

“Decision taken by the CoC for liquidation in commercial wisdom of the CoC should not be interfered with by the Adjudicating Authority.”