Sucheta, Author at SCC Times

Mapping the Progression of LGBTQ+ Rights in India- Important Laws and Judicial Pronouncements

Tracing the development of LGBTQ+ rights in India with the help of statutory provisions and notable judgments by Supreme Court and Indian High Courts.

Case Briefs High Courts

Procedure of post-investigation FIR is totally alien to the principles of criminal jurisprudence: Gauhati High Court

The Court made strict observations regarding conduct of the police officers of Bilasipara Police Station and directed the enquiry officers to expediate the investigations.

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice Pankaj Mithal

Sitting Judge of the Supreme Court of India, Justice Pankaj Mithal is a third- generation lawyer, a second-generation Judge and is also a writer of note.

Case Briefs High Courts

[Relief for Samsung India] Karnataka HC quashes complaint on alleged violation of Legal Metrology Act and Packaged Commodities Rules

The Court was firmly of the view that the Inspector, Department of Legal Metrology had misinterpreted key provisions of Legal Metrology Act and Packaged Commodities Rules thereby vitiating the complaint with malafides.

Case Briefs High Courts

Family Court can’t deny relief in cases of dissolution of marriage based on mutual consent, on the ground that spouses are living under same roof: Karnataka HC

The High Court was bewildered that such a flawed rationale was applied to deny relief to an estranged couple.

Case Briefs High Courts

“Cannot chant ‘bail is rule, jail is exception’ like a slogan in every bail petition, especially for heinous offences under UAPA”: Karnataka High Court

The Court was deliberating over an appeal challenging the rejection of bail to the accused charged under IPC and UAPA for being actively involved with the ‘KG Halli Riots’ in Bengaluru.

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Know Thy Judge | Supreme Court of India: Justice Bela Madhurya Trivedi

Justice Bela M. Trivedi, who was appointed as a Supreme Court Judge in 2021, is the first woman Judge from Gujarat High Court to be elevated to the Supreme Court and a Limca Book of Records holder.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC directs Union Govt and Andhra Pradesh Govt to ensure provision of necessary nutrition to TB patients in Andhra Pradesh

The Commission was hearing a petition filed an advocate/social activist who highlighted the plight of TB patients suffering due to lack of adequate nutrition

Case Briefs High Courts

“Dog meat consumption is an ancient Naga custom”: Gauhati High Court sets aside ban on sale of dog meat

Consumption of dog meat is a regarded custom amongst the Nagas since times immemorial and the Food Safety and Standards Act, 2006 already provides for an appropriate authority to issue prohibition orders.

Case Briefs High Courts

Proceedings under S. 498-A IPC cannot be quashed simply because it was filed after receipt of divorce notice: Karnataka High Court

It was stated that decision of the co-ordinate Bench of the High Court in Naresh Gundyal v. State on same issue, defeats the very object of S. 498-A, IPC and Domestic Violence Act, 2005.

Case Briefs High Courts

Sympathy in matters involving unnatural offences against a child is a case of misplaced sympathy: J&K and Ladakh HC

The High Court was deliberating over a bail application wherein the accused was charged under S. 377, IPC and POCSO act for commission of fiendish crime against a child.

Case Briefs High Courts

J&K and Ladakh HC directs authorities to submit an updated compliance report vis-à-vis ensuring welfare of transgenders in the Union Territory

The Court pointed out that despite issuance of several orders since 2018, the respondents have not submitted compliance details before the Court.

Case Briefs High Courts

[POCSO] | Consideration of bail plea cannot be deferred indefinitely simply because the victim is keeping herself away from appearing in Court: J&K and Ladakh HC

“It is not the case of the prosecution that trial is being delayed because of the conduct of the accused but it is a case where the victim is avoiding stepping into the witness box.”

Case Briefs High Courts

Government should either amend S. 377 IPC or bring in a new provision to make Necrophilia and sadism punishable with life imprisonment: Karnataka High Court

Holding that commission of rape on a woman’s dead body would not attract Ss. 375 and 377, Penal Code, 1860, the Court pointed out that its high time for the Central Government to consider amending S. 377 or introduce a specific provision to address necrophilia, sadism.

Know thy Judge

Know Thy Newly Appointed Supreme Court Judge: Justice K.V. Viswanathan

On 19-05-2023, Justice K.V. Viswanathan became one of the few lawyers, who were elevated directly from the Bar to the Judgeship of the Supreme Court of India. With Justice Viswanathan’s elevation, the Collegium hopes to enhance the representation of the Bar in the Supreme Court.

Case Briefs High Courts

Karnataka High Court rejects Xiaomi Technology’s challenge to the constitutional validity of S. 37-A of FEMA

While Xiaomi’s petition was held to be maintainable on the fulcrum of Article 14, however, the impugned provision as per the High Court did not manifest any arbitrariness.

Case Briefs High Courts

What happens when a wife files a dowry harassment case against her husband after receiving a divorce notice from him? Karnataka High Court answers

The Court was hearing a case where a wife had lodged a complaint alleging cruelty by her husband and in-laws, after a divorce petition had already been filed by the husband.

Know thy Judge

46th Chief Justice of Bombay High Court, Justice Ramesh Deokinandan Dhanuka, retires after a very brief tenure of 3 days

Justice R.D. Dhanuka, whose appointment as the Chief Justice of Bombay High Court was notified on 26-05-2023, retires today after a very short tenure of 3 days!

Case Briefs High Courts

[Blinkit v. Blinkhit Trademark Infringement] | Karnataka HC sets aside temporary restraining injunction against Blinkit

The Court noted that the Trial Court made an error in allowing Blinkhit’s application for temporary injunction, without properly appreciating the available materials on record vis-à-vis the trademark’s usage and nature of the business carried out by the parties.

Case Briefs High Courts

Read why Karnataka High Court denied bail to a Government Teacher accused under provisions of POCSO Act?

The Court strictly observed that in India, Gurus/teachers are considered akin to God and the Government Teacher’s perverse acts have created fear in the minds of the parents of minor girls students.