Apoorva, Author at SCC Times

Women cannot be presumed to have disowned their residential rights at parental home after marriage: Madras High Court

“A choice and will of a woman to exercise residential choice at her natal home should not be viewed through patriarchal prism to deny her the residential status there”

Case Briefs High Courts

Allahabad HC quashes demolition orders against Radhasoami Satsang Sabha on violation of principles of natural justice

“Natural justice is an important concept in administrative law. It is not possible to define precisely and scientifically the expression Natural Justice. The principle of natural justice or fundamental rules of procedure of administrative action, are neither fixed nor prescribed in any code”

Case Briefs Supreme Court

[RSS Route March] Supreme Court directs TN Government to submit proposal before Madras HC on allowing future route marches without Court’s intervention

Tamil Nadu Government had agreed before Supreme Court that it would allow RSS to hold marches in various districts across the state. Accordingly, the Court asked RSS to submit the proposed routes to the State within 3 days and the State to take a decision on the routes by 15-11-2023

Case Briefs Supreme Court

High Courts or Sessions Courts can grant transit anticipatory bail in FIRs registered outside their jurisdiction, subject to conditions: SC

Since anticipatory bail as well as transit anticipatory bail are intrinsically linked to personal liberty under Article 21 of Constitution, it would be necessary to give a constitutional imprimatur to the evolving provision of transit anticipatory bail.

Case Briefs High Courts

Revenue Courts cannot pass order by using rubber stamp seal: Allahabad HC directs Board of Revenue to apprise Courts, the way order sheet should be drawn

Allahabad High Court had cleared that it has not examined the case of either of the parties on merits and the Authority/Court concerned shall be free to decide the matter strictly in accordance with law.

Hot Off The Press News

[Transit anticipatory bail] High Courts, Sessions Courts can grant pre-arrest bail, even if FIR is registered in different State: Supreme Court

Supreme Court warned against forum shopping and clarified that accused cannot travel to any other State, solely for filing bail pleas without clear reasons.

Case Briefs High Courts

Explained | Allahabad HC permitted Amity University student to give MBA exam who was initially denied taking exam due to inadequate attendance

The matter was expedited, with the Chief Justice personally hearing the case at his residence on the same day.

Case Briefs High Courts

Explained| Madras HC verdict on Single Judge order which directed Madras Bar Association to pay Rs. 5 lakh compensation for discriminating against non-member

“Lawyers, as a whole, belong to a separate homogenous group called ‘Gentlemen’. However, it is unfortunate that the said homogeneous community is trying to use this Court to create a casteist atmosphere which is highly deprecated”

Case Briefs Supreme Court

Explained| Supreme Court’s verdict on importance of interpreting commercial contracts in line with the original intent of parties involved

Supreme Court said that a deviation from the plain terms of the contract is warranted only when it serves business efficacy better

High Court Round Up Legal RoundUp

HIGH COURT NOVEMBER 2023 WEEKLY ROUNDUP| Stories on Maternity leave to surrogate mother; 1999 rape & murder case; TN Online Gaming Act; and more

A quick legal roundup to cover important stories from all High Courts this week.

Case Briefs Supreme Court

UP-VAT Act entitles assessee to claim full input tax credit on exempted goods produced as by-products during manufacturing of taxable goods: Supreme Court

The Explanation (iii) to Section 13, forbids the Assessing Authority as well as the assessee from raising any dispute regarding the allowability of the ITC in cases where exempted goods are being produced as a by-product or waste product during the process of manufacture

Hot Off The Press News

Supreme Court releases list of Achievements and New Initiatives 2022-2023

2022-2023 remain notable years, because of the plethora of initiatives undertaken by the Chief Justice of India in the field of information and communication technology to accomplish the valued goals of enhancing efficiency and access to justice.

Case Briefs High Courts

Madras HC directs tax department to investigate misuse of login ID and Password of dealer by third party, enabling tax evasion

Madras High Court said that if the complaint of the petitioner turns out to be untrue or was intended to facilitate fraud being committed using the login ID of the petitioner, the assets of the petitioner shall be brought to sale.

Case Briefs Supreme Court

‘Testimonies of prosecution witnesses are unreliable, unworthy of credence’: SC set aside Karnataka HC order overturning acquittal of 6 convicts in murder case

Supreme Court said that a Court of Appeal should be circumspect in overturning its judgment of acquittal, is not a principle that requires reiteration. It has been held time and again that an acquittal will only be overturned in the presence of very compelling reasons.

Case Briefs High Courts

‘No sufficient evidence to prove prosecution’s case beyond reasonable doubt’; Allahabad HC acquits 3 convicts in 1999 rape and murder case of a 13-year-old girl

Allahabad High Court said that there is a serious discrepancy in the eyewitness testimony. It does not match with other evidence, material and circumstances.

Case Briefs High Courts

[Trade mark Infringement] Madras HC restrains sale of Sunfeast Mom’s Magic butter cookies in blue wrapper, being deceptively similar to Britannia Good day

There will be confusion in the market, especially, in the nature of the product being Cookies, sold in the shelves of supermarkets, any ordinary customer looking at the shelf is bound to be deceived. Therefore, the product of ITC Ltd. is deceptively similar to that of Britannia.

Case Briefs Supreme Court

Can rents receivable by debtors be assigned to the lender as an actionable claim? Supreme Court answers

After applying the rule that all the contemporaneous documents are to be read together, to discern the true purport of the contract, Supreme Court said that the parties intended assignment of the debt, i.e., the rents payable.

Case Briefs High Courts

Whether bar on review of decision by any Court under S.17 of UP Lokayukta and Up-Lokayuktas Act applies to High Court? Allahabad HC answers

Allahabad High Court opined that the reasoning of the order dated 05-11-2019, that there is no ‘cutting’ or ‘overwriting’ in the petitioner’s service book, does not close all avenues of inquiry.

Case Briefs High Courts

Allahabad HC asks UP Bar Council to issue guidelines, restraining Advocates from wearing uniforms outside Court premises

Allahabad High Court directed the opposite party no. 4 to inform the Bar Council of U.P. about several cases being filed, alleging Advocates in uniform going to intervene in private property dispute and assisting land mafia in grabbing property of citizens.

Case Briefs Supreme Court

Judges not adhering to guidelines on maintenance given in Rajnesh v Neha: Supreme Court directs for re-circulation of judgment to Judges and Judicial Academies

Supreme Court said that the litigation which should close at the trial level is taken up to the Supreme Court and the parties are forced to litigate.