Apoorva, Author at SCC Times

Madras High Court allows burial of BSP Chief K. Armstrong in Pothur Village

K. Armstrong was President of Bahujan Samaj Party over 17 years. He was murdered by Anti- Social rowdy elements on 05-07-2024.

Case Briefs Supreme Court

[NEET UG 2024] Supreme Court to determine to what extent the exam was compromised before retest call

“If the breach of the exam’s sanctity is widespread and if it is not possible to segregate tainted and untainted candidates, a retest may be ordered, but if beneficiaries are identified and limited, then a retest won’t be needed”

Case Briefs High Courts

Primary objective of POCSO Act is to protect minors from sexual exploitation, but it is being misused in consensual relationships between teenagers: Allahabad HC

“The well-known principle of “Presumption of Innocence Unless Proven Guilty,” gives rise to the concept of bail as a rule and imprisonment as an exception.”

Hot Off The Press News

[Soumya Vishwanathan Murder Case] Supreme Court seeks reply of four convicts on Delhi Police’s plea

Soumya Viswanathan was a journalist working with India Today when she was found dead in her car in Vasant Kunj in 2008

Case Briefs High Courts

‘Proceedings are counterblast and were initiated with motive for wreaking vengeance’, Allahabad HC quashes criminal proceedings against woman who filed FIR against husband and his relatives

“The nature of abusive language is not specific. Applicant 1 was naturally at the house, and there was no evidence of intent. Therefore, ingredients of Section 503 IPC as punishable under Section 506 IPC are not made out.”

Case Briefs High Courts

Madras High Court sets aside conviction and 3-year sentence of former AIADMK Minister Balakrishna Reddy in a 1998 Riot case

“Once the theory of the prosecution about burning the police jeep is unbelievable, and there is no other evidence on the side of the prosecution to convict the appellants for the offences under Sections 3 or 4 of the TNPPDL Act, the case of the prosecution has to fall in toto”

Case Briefs High Courts

Madras HC directs Bar Councils to initiate disciplinary proceedings against Advocates advertising and soliciting work through Online Service Providers

“Branding culture in the legal profession is detrimental to society. Ranking or providing customer ratings to lawyers is unheard of and demeans the ethos of the profession. Professional dignity and integrity must never be compromised especially in the legal profession.”

Case Briefs High Courts

‘Majority will become minority, if religious congregation where conversions are taking place are not stopped’; Allahabad HC denies bail to man accused of religious conversion

“It is against the Constitutional mandate of Article 25 of the Constitution which does not provide for religious conversion, it only provides freedom of conscience and free profession, practice and propagation of religion.“

Legal RoundUp Supreme Court Roundups

Supreme Court Roundup June 2024| Stories on Delhi Water crisis; NEET UG 2024; Delhi Liquor Policy scam; Seven sub-rights of Right to Property; and more

This roundup revisits the analyses of Supreme Court’s judgments/orders on Delhi Water crisis; NEET UG 2024; Delhi Excise Liquor Policy; AOR exam; Manish Sisodia Bail; Seven sub-rights of Right to Property and more. It also covers top stories; Never reported Judgments; Cases Reported in SCC Weekly in June; Know thy Judges.

Case Briefs High Courts

Inside Madras High Court’s verdict on post-sale discounts received by way of financial credit notes

“The conclusion that the taxable person is providing a service to the supplier while taking the benefit of a discount by facilitating an increase in the volume of sales of such supplier, is ex facie erroneous and contrary to the fundamental tenets of GST law. Therefore, this conclusion warrants interference, and this issue requires re consideration.”

Case Briefs High Courts

Madras HC takes suo motu cognizance of Kallakurichi hooch tragedy; Directs Registry to place matter before Acting Chief Justice

“The people inhabiting the Kalvarayan hills are from economically and socially backward sections of the Society and their fundamental right to life under Article 21 of the Constitution need to exercised to the fullest.”

Case Briefs High Courts

Madras HC directs State Bar Council to expedite elections for Egmore Court Advocate’s Association

“In the event of any unruly behavior of the members of the Bar Association or any unlawful or illegal activities, the Bar Council of Tamil Nadu and Puducherry is bound to initiate appropriate disciplinary action against the Advocates, involving in such activities.”

Case Briefs High Courts

Quashing criminal prosecution by obtaining apology letter for violence inside college campus by teachers is not in interest of justice: Madras HC

“When the specific overt act attracting prosecution for criminal offence been made out by the prosecution, if at all the accused wants to plead guilty, it should be done in the manner known to law under Section 482 of CrPC”

Hot Off The Press News

[Delhi Excise Policy Scam] Delhi’s Rouse Avenue Court sends Arvind Kejriwal to judicial custody till July 12 in CBI case

Arvind Kejriwal was granted bail by the Trial Court in the money laundering case on 20-06-2024. However, the Delhi High Court issued an interim stay on the grant of bail the following day after the ED moved a plea. Following this, he was arrested by the CBI on 26-06-2024 and remanded to CBI custody till 29-06-2024

Case Briefs Supreme Court

Supreme Court imposes Rs. 25,000 costs on All India EPF Staff Federation on failure to disclose full facts in a case

“The impugned order passed by the Delhi High Court adequately protects the interests of the Federation as all the appointments have been made subject to the outcome of the pending Writ Petition”

Case Briefs High Courts

Madras HC allows voter to examine Court records of disproportionate assets case acquitting Social Welfare & Women Empowerment Minister Geetha Jeevan

“If the Investigating Agency decides not to prefer the appeal against acquitted person, then a person who has interest in the case, which primarily involves misconduct of a public servant who happened to be an elected member in the democratic process, in which, that person is a voter, have a say, and he cannot be deprived of the advantage of perusing the records and arrive at a conclusion.”

Case Briefs Supreme Court

Supreme Court issues notice in MP Bar Association plea claiming exemption from electricity charges

The Bar Association wanted the State Government to bear the electricity expenses of the Bar rooms used for setting the client, conference rooms, etc. in the accommodation within the court premises.

Case Briefs High Courts

‘No misconception on the part of victim regarding promise of marriage with convict’: Madras HC sets aside conviction of rape accused

“The Court below lost sight of the rudimentary principle governing rape and convicted the convict on the strength of the gospel that Indian women do not lie in such matters, which cannot be sustained, as the facts surrounding each and every case and the evidence available ought to form the basis of arriving at a finding, and the surrounding scenario cannot be the basis to render a finding.”

Case Briefs High Courts

‘Unlike enrolment fee, there is no statutory provision which prescribes any sum towards exam fee’: Madras HC dismisses plea to reduce AIBE fee

“A Writ of Mandamus can be issued only if the applicant can show the existence of a legal right.”

Case Briefs High Courts

‘Hotel’s legitimate expectation was not met’, Madras HC sets aside order rejecting SRM Hotel’s request for renewal of land lease on fresh terms

“SRM Hotels should have been given an opportunity to demonstrate that they and not TTDC are better equipped to run the hotel.”