Apoorva, Author at SCC Times

Section 174A IPC is an independent and substantive offence that can continue despite extinguishment of proclamation under Section 82 CrPC: Supreme Court

Supreme Court answered in affirmative that if the status under Section 82 CrPC is nullified i.e., the person subjected to such a proclamation, by virtue of subsequent developments is no longer required to be presented before a Court of law. Then, the prosecution still proceeds against such a person for having not appeared before a Court during the time that the process was in effect.

Case Briefs High Courts

Kerala HC clears path for remote cross-examination via video conferencing to streamline court proceedings

Kerala High Court made it clear that permission to conduct cross-examinations via video conferencing is not an automatic right. Such permission should only be granted if valid reasons are provided, and the absence of a specific provision in the rules should not prevent this.

Case Briefs High Courts

‘High time for society to preserve sanctity of medical profession and to uphold dignity of Doctors’; Madras HC quashes FIR against 70-year-old Gynecologist in miscarriage case

“Doctors, the Guardian of life, embody a noble profession, often revered as akin to God / Almighty, as they possess the extraordinary ability to save lives and restore health. While acknowledging the presence of quacks and corporatized hospitals, it is essential to recognize that majority of medical practitioners dedicate their life to serve humanity with compassion and expertise”

Hot Off The Press News

Allahabad High Court dismisses PIL challenging removal of Justice Shekhar Kumar Yadav

The judge had remarked that India will function as per the wishes of the majority community.

Case Briefs High Courts

Allahabad High Court denies bail to a man accused of forcing wife into prostitution

“A rapist not only cause physical injuries, but more indelibly leaves a blot on the most cherished possession of a women i.e. dignity, honour and reputation”

Case Briefs Supreme Court

Supreme Court quashes gift deed executed by elderly mother in favor of son due to non-compliance with maintenance obligations under MWPSC Act

Supreme Court reiterated that it is a social obligation for both sons and daughters to maintain their parents when they are unable to do so.

Case Briefs High Courts

State Bar Council not entitled to charge applicants a fee for verifying educational certificates during enrollment process: Kerala High Court

There is a duty cast upon the Bar Council to get the certificates of the applicant verified by the Boards and Universities concerned, without charging any fees. Therefore, the notice to the extent stipulates the collection of fees of Rs.2,500/- for verification, cannot be implemented.

Case Briefs High Courts

Madras HC confirms conviction and sentence of Actor and politician S.Ve. Shekher for derogatory comments against women journalists

Merely tendering an apology is not sufficient. Furthermore, according to the complainant, S. Ve. Shekher did not offer an unconditional apology directly to her, the victim. Instead, the apology was sent in a generic manner.

Case Briefs Supreme Court

Limitation for filing S. 17 application under Arbitration Act, 1940 begins from awareness of award’s availability, not receipt of copy: Supreme Court reaffirms

Supreme Court said that allowing a party, already aware of the award, to delay proceedings by insisting on procedural formalities would frustrate the expeditious resolution of disputes, undermining the very purpose of the Arbitration Act.

Case Briefs High Courts

Allahabad HC dissolves 35-year-old marriage over wife’s refusal to cohabit and abandonment of husband for over 23 years

“Differences of perception towards life may give rise to different behaviours by individuals. Such a difference of perception and behaviour may be described as cruel by others by observing the behaviour of another. At the same time, such perceptions are neither absolute nor such as may themselves give rise to allegations of cruelty unless observed and proven facts are such as may be recognized in law to be acts of cruelty.”

Legal RoundUp Supreme Court Roundups

50 Landmark Rulings: Supreme Court’s defining verdicts of 2024

In 2024, the Supreme Court of India delivered a series of landmark judgments that reshaped key legal and constitutional landscapes. Among the most significant were the AMU verdict; Mineral rights; Unilateral appointment of arbitrators; Constitutional validity of UP Board of Madarsa Education Act, 2004; State’s power to regulate industrial alcohol; Interpretation of Section 6A of the Citizenship Act. Together, these judgments not only enriched India’s legal discourse but also had a profound impact on various sectors ranging from education and industry to constitutional governance.

Case Briefs Supreme Court

Supreme Court sets aside NCLAT order de-recognizing four lenders of the insolvent Reliance Infratel as Financial Creditors

Noting that hypothecation means the process of using an asset as collateral for a loan. It acts as a protection to the lender when the borrower does not repay the loan, the Supreme Court highlighted that the name of the document is not a decisive factor. Only because the title of the document contains the word hypothecation, it cannot be concluded that guarantee is not a part of this document.

Case Briefs High Courts

Kerala High Court allows State to acquire Nedumpala estate and Elstone tea estate in Wayanad for rehabilitation of Landslide victims under Disaster Management Act

Disaster Management Act mandates the State Government to take necessary measures for disaster management, which includes both immediate relief and long-term recovery efforts.

Case Briefs High Courts

Kerala High Court approves ‘Pappanji’ burning for new year celebrations in Kochi; Recommends wider safety barricade around effigy

‘Pappanji’ typically refers to a large effigy, often constructed as part of local New Year or cultural celebrations in Kerala, particularly in places like Kochi. The effigy, often representing an exaggerated figure or caricature, is burned as a symbolic gesture to mark the end of the old year and to usher in the new one.

Case Briefs High Courts

Assets and liabilities of public servants not private; Disclosure cannot be completely exempted under S. 8 of RTI Act: Madras High Court

“No doubt, it is true that the assets and liability of a public servant will have to be necessarily disclosed and cannot be shielded from public scrutiny but there should be a reasonable restriction of the same.”

Case Briefs High Courts

Kerala HC dismisses plea challenging integrity certificate granted to IO over alleged faulty probe in Walayar rape death case; Upholds Decision by Home Secretary

Walayar rape death case was a seven-year-old case relating to the rape and alleged murder of two minor sisters at Walayar

Case Briefs High Courts

State Human Rights Commission lacks jurisdiction over child custody; Specific remedies exist in other statutes: Allahabad HC

“Allahabad High Court stayed SHRC’s orders regarding the custody of the children and their production before the Commission.”

Case Briefs Supreme Court

Supreme Court quashes abetment of suicide charges against husband and in-laws, citing lack of prima facie evidence of intent to instigate the deceased

“There must be a close proximity between the positive act of instigation by the accused person and the commission of suicide by the victim.”

Case Briefs High Courts

Borrowers cannot be coerced into repaying loans through threats of reputational damage or privacy invasion: Kerala High Court

“The display of photographs of defaulting borrowers violates their dignity, reputation, and fundamental right to life, as guaranteed under Article 21 of the Constitution of India”

Case Briefs High Courts

Compassionate appointment can only be granted after DIOS approval, not by Management of the Institution: Allahabad High Court

“The petitioner has a right to be considered for compassionate appointment but cannot be granted relief in the terms that he has prayed. The relief would have to be suitably moulded to give effect to the petitioner’s rights, otherwise well founded”