Simranjeet, Author at SCC Times

aluminium shelves classifiable as structures

Aluminium shelves used for growing mushroom classifiable as ‘aluminium structures’, not ‘parts’ of agricultural machinery: SC

When interpreting a tariff heading involved in a classification dispute, the tribunal or court may need to invoke and rely on the common or trade parlance test to understand the meaning and scope of the terms used in that tariff heading.

Case Briefs Supreme Court

Referral Court has jurisdiction to examine whether a non-signatory is a veritable party to arbitration agreement: Supreme Court

If the referral court finds that a party is not a veritable party, the matter will not be left to the Arbitral Tribunal as it will relegate the referral court to the status of a monotonous automation.

Case Briefs High Courts

Delhi High Court denies bail to husband in dowry death case over wife’s post-mortem injury and statutory presumption

Dowry deaths corode societal values, and perpetuate systemic oppression of women, cruelty culminating in the death of a young bride strikes at the collective conscience of society.

imminent death no pre-requisite for dying declaration

Case Briefs Supreme Court

Supreme Court: Imminence of death not a pre-requisite under Section 32(1) Evidence Act for dying declaration admissibility

A statement made by a deceased person, regarding the cause of his death or to the circumstances which led to his death, to a Police Officer and recorded under Section 161 CrPC, shall be relevant and admissible under Section 32(1) of the Evidence Act, 1872.

ECI's order de-listing political parties stayed

Case Briefs High Courts

Kerala High Court stays ECI’s order de-listing political parties in the State

The petitioners contended that its members had contested in the last election to the local bodies, indicating that the petitioners are active within the State.

Case Briefs High Courts

Read why Kerala High Court quashed CBFC’s decision for cuts in film “HAAL”

Once the film is resubmitted after carrying out excision Nos. 5 and 6, CBFC shall examine the film following the prescribed procedure and issue fresh certification, within two weeks of re-submission.

Case Briefs Supreme Court

‘Not a wetland but a man-made waterbody’; Supreme Court dismisses plea challenging construction in and around Futala Lake in Nagpur

The directions issued by the High Court included that the activities near Futala Lake shall not lead to any damage to the lake and the entire waterbed along with its recreational and beautification structures are kept clean and properly maintained.

Case Briefs Supreme Court

Supreme Court urges High Courts to encourage filing of anticipatory bail applications first before Sessions Court; discourage direct interference

“A balance has to be struck to protect individual liberty of accused and to secure an environment that is free from any fear in the hearts of victims of the alleged perpetrators. Although grant of bail is a discretionary exercise, the courts must be cautious to exercise the discretion judiciously.”

Case Briefs Supreme Court

Supreme Court reiterates need for HC to timely upload reasoned order after pronouncing operative part of judgment, following a notable delay of almost 2.5 years in a case

The practice of delay in uploading the reasoned judgment deprived the aggrieved party of the opportunity to seek further judicial redressal, particularly in criminal matters wherein the appeal was dismissed affirming the judgment and order of conviction passed by the Trial Court.

Case Briefs Supreme Court

Supreme Court directs Registrar General of all High Courts to place matters before Chief Justice if judgment not delivered within three months

“This Court is repeatedly confronted with similar matters wherein proceedings are kept pending in the High Court for more than three months, in some cases for more than six months or years wherein judgments are not delivered after hearing the matter.”

Case Briefs Supreme Court

Supreme Court| No interim injunction to Pernod Ricard for mark ‘Blenders Pride’ against ‘London Pride’ in a trade mark infringement case

The products in the present case are premium and ultra-premium whiskies, targeted at a discerning consumer base, that are likely to exercise greater care in their purchase decisions. The distinct trade dress and packaging reduce any likelihood of confusion.

jail official convicted for helping prisoner's escape attempt

Case Briefs Supreme Court

Supreme Court upholds jail official’s conviction for facilitating undertrial prisoner’s escape attempt

“When public functionaries betray the institutional trust, the consequences are profound and far-reaching and in a constitutional democracy governed by the rule of law, custodial officers must be held to the highest standards of integrity.”

Case Briefs Supreme Court

‘Situation in Himachal gone from bad to worse; severe ecological imbalance led to serious natural calamities’; Supreme Court seeks State’s action plan

Himachal Pradesh is witnessing rising average temperatures, shifting snowfall patterns, and an increase in frequency, intensity of extreme weather events, and major causes of destruction are Hydro Power Projects, four lane roads, deforestation, multi-storey buildings, etc. Thus, ecological diversity and growing human demands necessitate immediate sustainable planning and conservation measures.

Convict who murdered family released from death row

Case Briefs Supreme Court

Man who killed family over wife’s alleged infidelity spared death penalty; to remain in prison until natural death: Supreme Court

The Court stated that though the appellant was illiterate, he was not irrational, as he had a plan in mind which he executed, thereby achieving his goal.

Case Briefs Supreme Court

Authority empowered to inflict minor penalties, under CCS CCA Rules, can issue charge sheet even for imposition of major penalties: Supreme Court

As per Appendix 3 appended to CCS CCA Rules, the Member Telecommunications Commission is a competent authority to impose major penalties, and the General Manager, Telecommunications, is competent to impose minor penalties.

Case Briefs Supreme Court

High Courts must consider incorporating provision in their respective Rules, obligating disclosure of criminal antecedents by accused persons: Supreme Court

The Court stated that while considering the bail applications, accounting for the criminal antecedents of the accused has been a subject matter of concern for the courts across the country.

Case Briefs High Courts

Maharashtra State Information Commission shall decide second appeals/complaints under RTI Act as expeditiously as possible: Bombay HC

The State Government is presently considering the financial impact and will take an appropriate decision regarding the creation of additional posts for the State Information Commissioners if the occasion arises.

Case Briefs High Courts

Bombay High Court permits artisans to make idols of PoP, bars immersion in water bodies

The State Government is directed to take a policy decision regarding immersion of idols made of PoP in the light of the recommendations dated 21-5-2025 issued by the Expert Committee of Central Pollution Control Board.

Case Briefs High Courts

‘Lacks rationale’; Bombay High Court quashes Gram Panchayat’s resolution cancelling NOC for mobile tower construction

In the modern age, mobile phones are no longer a luxury but an inevitable necessity, even in the remotest part of the country. Therefore, before adverting to the drastic action of cancelling NOC, an independent scrutiny of the complaint that mobile tower causes health hazard, is legally mandated.

Case Briefs High Courts

Bombay HC orders full reimbursement for heart transplant surgery to former Central Govt. employee for expenses incurred at private hospital

“A heart transplant is a serious ailment, and its surgery is critically important, and cannot be postponed, thus, is a special circumstance. Such surgeries are expedited in the interest of human life without an embargo of an expenditure which is secondary to human life.”