Sucheta, Author at SCC Times

[Preventive Detention] | Unreasonably belated consideration of representation is equivalent to non-compliance of Art. 22(5) of the Constitution: J&K and Ladakh HC

The detenue specifically alleged that he made a representation against impugned detention order, however, the same was not considered by the detaining authority.

Case Briefs High Courts

J&K and Ladakh HC awards compensation of 20 Lakhs to a 14-year-old boy who suffered 100% disability on being electrocuted by unattended transformer

The respondent’s contention that the petitioner himself contributed to the unfortunate electrocution, was rejected by the Court.

Case Briefs High Courts

Madras HC issues notice to NIA over filing petition seeking extension of remand order under UAPA at the “eleventh hour”

The petition under Section 43D(2)(b) First proviso of UAPA Act seeking extension of remand order was filed by the respondents a day before the elapse of the 90- days period.

books state of Texas sexual content children

Case Briefs Foreign Courts

State of Texas cannot delegate categorization/rating of books to third parties based on the level of sexual content: US District Court

State has a strong interest in protecting children from obscene content in the school setting. However, READER (HB900) misses the mark on obscenity with a web of unconstitutionally vague requirements.

Case Briefs High Courts

Opening/retaining history sheets, which interferes with right to privacy, should be done adhering to parameters inbuilt in the Police Rules: J&K and Ladakh HC

If an officer, mechanically, under the guise of prevention of crime and to protect others, opens or extends history sheets, it impacts the right to privacy of not only the individual against whom the order is passed, but also causes harm to other person’s rights.

Case Briefs High Courts

Trial Court must not issue process in a mechanical manner by simply filling the blank spaces in the printed proforma: J&K and Ladakh HC

Issuance of process is a serious matter and should reflect application of mind on the part of the Magistrate, though it is not incumbent upon the Magistrate to explicitly state the reasons for issuance of process.

brussels i bis regulation interpretation

Case Briefs Foreign Courts

CJEU interprets Art. 7(1)(b) of Brussels I bis Regulation on jurisdiction and recognition and enforcement of judgments in civil and commercial matters

“Special rules of jurisdiction laid down by the Brussels I bis Regulation are to be interpreted strictly and do not permit an interpretation which goes beyond the cases expressly envisaged by that regulation.”

Hot Off The Press News

Karnataka HC grants relief to Aaj Tak’s Sudhir Chaudhary from coercive action; observes existence of a prima facie case against him

FIR against Sudhir Chaudhary was lodged which had alleged that he had conspired to disrupt communal harmony by spreading misinformation on his channel about Karnataka Govt.’s Swavalambi Sarathi Scheme.

Case Briefs High Courts

Being brother of a militant, and lacking any ostensible activities disrupting public peace or security, cannot justify preventive detention: J&K and Ladakh HC

The live and proximate link between the past conduct of the detenue and the imperative need to detain, must be harmonised to rely upon the alleged illegal activities of the detenue.

Appointments & Transfers News

Supreme Court Collegium recommends appointment of Permanent Judges for the High Courts of Allahabad and Punjab and Haryana

The Collegium recommended names of 7 Judges for Allahabad High Court and 11 Judges for Punjab and Haryana High Court.

Case Briefs High Courts

“Court cannot shut its eyes when it has been proven that employees were posted on basis of political pressure on employers”: Karnataka HC observes

“Any action of transfer based on political pressure brought by any employee for being posted to a particular place is not only required to be annulled, but such an employee cannot be granted the requested posting”.

Case Briefs High Courts

Text of Art. 164(1A) “clear as Gangetic waters”; Karnataka HC dismisses petition challenging appointment of Advisors to Chief Minister of Karnataka

Considering this petition challenging appointment of the private respondents as Secretaries with Cabinet Rank, Court was of the view that the respondents were appointed to assist the Chief Minister and they are not functioning as the Ministers in the literal sense.

Case Briefs High Courts

“Disputes requiring both oral and documentary evidence are not ordinarily taken up for examination in writ jurisdiction”: Karnataka HC reiterates

“It is more so when remedy provided under S. 70 of Karnataka Cooperative Societies Act, 1959 happens to be alternate and more efficacious one”.

Case Briefs High Courts

“Lokayukta must set its house in order”; Karnataka HC takes stern note of delay in completion of investigation in a disproportionate asset case

Even though the delay in the instant case was caused due to petitioner’s actions, nevertheless, Lokayukta must complete the investigations within a time frame for a delay may defeat several rights of the petitioner.

Case Briefs High Courts

Karnataka HC permits legal representation to an hexagenerian facing departmental enquiry despite company Rules stating otherwise

The Court was of the view that a 63-year-old employee, who is to face a departmental enquiry along with the criminal trial becomes “tongue tied” and therefore he would require the assistance of a Legal Practitioner.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Resulting Company cannot be held liable for violation of LODR Regulations that occurred prior to its incorporation and listing: SEBI

In this matter SEBI had issued show cause notice to Piramal Pharma Ltd (Resulting Company) for alleged violations done prior to its incorporation and listing by Piramal Enterprises Ltd (Demerged Undertaking).

legal recognition same sex relationships

Case Briefs Foreign Courts

Govt’s failure to realise its positive obligation to set-up alternate framework to recognise same-sex relationship violates Hong Kong Bill of Rights

The Court with a majority of 3:2 issued a declaration acknowledging the need of same-sex couples for access to an alternative legal framework in order to meet basic social requirements

Case Briefs High Courts

Whether a person fighting against militancy can be considered a ‘freedom fighter’ under Swantantrata Sainik Samman Yojna? J&K and Ladakh HC answers

The Court answering the question in negative stated that eligibility under the scheme requires for the person to have participated in the National Freedom Struggle.

no opt out policy discussion lgbtq+ books

Case Briefs Foreign Courts

US District Court rules Montgomery County Public Schools’ “No-Opt Out” policy for LGBTQ+ Inclusive Books does not violate children’s religious beliefs

The Court opined that the policy does not prevent parents or children from exercising their religious obligations. In fact, the policy serves the school’s legitimate interest of fostering social integration and cultural inclusiveness of transgender and gender nonconforming students.

Case Briefs High Courts

Karnataka HC directs release of a convict on furlough for attending daughter’s nikaah

A convict has to keep in contact with the civil society although sporadically, so that his societal roots do not dry up when he languishes in the jail.