Apoorva, Author at SCC Times

‘Adjudication beyond jurisdiction is void’; Supreme Court sets aside Calcutta HC order for lack of jurisdiction; Stalls appointments pending disposal of WP

Supreme Court, without delving into the merits of the rival claims, set aside the impugned order on the limited ground of lack of jurisdiction and ordered a remand. Consequently, the writ petition was revived and placed back on the file of the High Court.

Supreme Court Auroville Township Project

Case Briefs Supreme Court

Supreme Court sets aside NGT’s order curbing Auroville township expansion due to environmental harm

“There is a need for “Sustainable Development” harmonising and striking a golden balance between the right to development and the right to clean environment”.

Case Briefs High Courts

‘Teachers should not be under constant threat of criminal charges’: Kerala HC mandates preliminary inquiry before registering criminal cases against educators

“Teachers are the unsung heroes of our society. They shape the minds, hearts and souls of our future generation. No steps should be taken to diminish the morale of the teachers’ community because they are the backbone of our future generation.”

Case Briefs Supreme Court

Auroville Foundation Act and Rules do not grant residents the right to join committees or councils formed by Governing Board: Supreme Court

“Some disgruntled residents of Auroville, instead of cooperating the Governing Board of the Foundation in the implementation of the said legally approved Master Plan and in carrying out the development work of Auroville as per the said Master Plan envisioned by the “Mother,” started causing obstructions by filing the Petitions in the Madras High Court one after the other, dragging the Foundation into unnecessary litigations.”

Case Briefs High Courts

Madras HC upholds Constitutionality of S. 13 of Family Courts Act; Affirms Principles in Paradip Port Trust Case

In the present case, the primary stakeholders are the husband and wife, along with their children or relatives. Given this, the principles established in the Paradip Port Trust case would be more appropriate, and there is no scope for adopting a different view.

Case Briefs High Courts

‘Subsequent events must completely negate landlord’s genuine need, to overturn eviction order’: Kerala HC upholds RCAA order granting possession to landlord

The true test for assessing the impact of subsequent events on the landlord’s bona fide need is whether those events completely eclipse the landlord’s need. If not, the Court can proceed with the general rule that the situation at the commencement of the litigation governs the decision.

Case Briefs High Courts

Allahabad High Court directs AMU to ensure clarity in future advertisements for lecturer posts; Criticizes repetition of ambiguity

The Court noted that, during the pendency of the writ petition over the last five years, the posts in question have already been filled. Since the selections made are not under challenge, the relief sought in the present writ petition has been rendered infructuous.

Appointments & Transfers News

Justice Joymalya Bagchi takes oath as Judge of Supreme Court of India

Justice Bagchi’s elevation to the Supreme Court was recommended by the Collegium on 06-03-2025 and his appointment was confirmed by the Centre on 10-03-2025.

Case Briefs High Courts

Pleadings in a suit are not a ‘document’ or ‘Instrument’; Cannot be registered by authorities or entered in the encumbrance certificate: Madras HC

“Pleadings by themselves do not meet the requirements under Section 17 or Section 18 of the Registration Act, 1908 for registration, nor do they satisfy the definition of an “instrument” under Section 2(14) of the Stamp Act, 1899.”

Case Briefs High Courts

Madras High Court allows CMRL to acquire land near two Hindu temples for metro station construction

“Almighty would undoubtedly shower his kindness and benevolence for the development of a metro rail station, which will benefit lakhs of people from all segments of society, some of whom may well be devotees, who visit the temple.”

Case Briefs High Courts

Allahabad HC warns of ‘heavy penalty’ on State for unauthorised land utilisation without due acquisition process; Orders compensation for landowner

“Right to Property is protected under Article 300A of the Constitution of India, which ensures that no person can be deprived of their property without due process of law. It emphasized that land cannot be acquired without payment of due compensation, as mandated by law.”

Case Briefs Supreme Court

Law with ‘greater degree’ of punishment applies when convicted under IPC and POCSO both: Supreme Court

“The provisions of Section 42A of POCSO Act, cannot be interpreted so as to override the scope and ambit of enabling provision, i.e., Section 42 of POCSO Act.”

Case Briefs High Courts

Companies complying with rules of Ministries and Public Regulators are not ‘State’ under Article 12, unless under pervasive Government control: Allahabad HC

“To determine whether an authority/body would fall under ‘State’ within the meaning of Article 12 would have to be determined on the cumulative facts of financial, functional and administrative dominance and/or control of the Government upon such a body. If such control is factually found, then the body would be treated as ‘State’ within Article 12.”

Case Briefs High Courts

Attempt to commit unnatural sex with minor boy: Kerala High Court reduces convict’s sentence to imprisonment for a day

“Considering the age of the convict at the time of the commission of the offence and the nature of the offence made out from the materials on record, a lenient view can be taken. The interest of justice can be met by adequately compensating the victim.”

Case Briefs Supreme Court

Supreme Court sets aside preventive detention order for ignoring bail conditions imposed by Magistrate for the same offence

Supreme Court noted that nothing is stated by the detaining authority as to why the conditions are not sufficient to prevent the detenu from engaging in further activities of smuggling; which was the specific ground on which the conditions were imposed while granting bail.

Case Briefs High Courts

‘Mental condition of youngsters in our country is astonishing and disturbing’: Kerala HC grants bail to 25-year-old who attacked mother over money refusal

“There is no purpose in blaming the young generation. The society and parents should watch them closely and monitor that their relationship is with good people.”

Case Briefs High Courts

Madras High Court imposes 5 lakh cost on State for re-agitation of matter already settled by Supreme Court

Madras High Court emphasised that the Government can regulate appointments in aided colleges, but not through administrative orders contradicting existing rules.

Case Briefs Supreme Court

“Each vote’s sanctity must be protected, irrespective of its effect on election outcome”; SC orders recount in Prayagraj Gram Panchayat election

“Right from the inception of democratic rule, universal adult franchise has found its place in our system of governance. Each election upholding these cherished values of public participation, equality and integrity of the vote is a testament to the vision of the founders.”

Case Briefs High Courts

Kerala High Court authorizes KeLSA to lead awareness campaign against child marriages in Wayanad’s tribal communities

“In tribal communities, practice of child marriages remains deeply ingrained, driven by tradition, poverty, and a lack of legal oversight. Ending child marriage requires legal and social intervention”

Case Briefs Supreme Court

Supreme Court directs High Courts to ensure pending execution petitions to be decided within six months without fail

“It is said that the woes for the litigants in this country start once they are able to obtain a decree in their favour and are unable to execute and reap its fruits for years together.”