Apoorva, Author at SCC Times

Can retired BSF personnel be treated as ‘Ex-Servicemen’ for benefits of purchase and consumption of liquor in Tamil Nadu? Madras HC answers

“Even if the claim of the petitioner that discrimination is meted out to retired personnel of BSF as against Ex-servicemen has to be accepted, the consequence would only be that the exemption and concession granted to Ex-servicemen in consumption of liquor would have to be withdrawn, but, it cannot be a ground on parity to extend the same benefit to the retired personnel of the BSF”

Case Briefs High Courts

Allahabad HC directs UP Congress Committee to clear UPSRTC dues of Rs. 266 Lakhs with 5% interest within 3 months

This matter has been pending since the year 1998 and after 25 years it could not be settled between the parties. Hence, Allahabad High Court has taken up the matter to be decided on merits.

Case Briefs Supreme Court

Explained | Supreme Court verdict on principles relating to presumption and evidential burden under Ss. 138 & 139 of NI Act

“The accused has miserably failed to discharge his evidential burden, that fact will have to be taken to be proved by force of the presumption, without requiring anything more from the complainant”

Hot Off The Press News

Supreme Court delivers split verdict in 26-week medical termination of pregnancy case

The case is of a married couple who conceived for a third time and due to financial and emotional reasons cannot raise the child. The woman sought the court’s intervention for abortion, as her pregnancy had crossed the legally permissible limit of 24 weeks for abortions under the MTP Act

Case Briefs Supreme Court

“Multiple inconsistencies in evidence”; Supreme Court acquits murder convicts after 10 years in prison

“When the testimonies of the eye-witnesses suffer from fatal flaws, to sustain conviction on the basis of such unreliable evidence would surely amount to miscarriage of justice”

Case Briefs Supreme Court

7-Judge Bench of Supreme Court all set to reconsider whether unstamped arbitration agreements are valid in law

Having regard to larger ramifications of NN Global case, the Supreme Court viewed that proceedings should be placed before a seven-judge bench to reconsider the correctness of the view by a five-judge bench.

Case Briefs High Courts

Explained| Madras High Court verdict on scope of Sections 3(d) and 3(e) of Patents Act, 1970

Madras High Court viewed that there is nothing in the text or context of Section 3(d) which supports the interpretation that enhancement of known efficacy of the substance should be restricted to engineering or prospecting variants of phytase with inherently greater enzymatic activity over the reference phytase.

High Court Round Up Legal RoundUp

HIGH COURT OCTOBER 2023 WEEKLY ROUNDUP| Stories on TIPS Copyright Battle; Asian Games 2023; Theos v. Theobroma trade mark battle; and more

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

Case Briefs High Courts

Social reservations need not be maintained by Educational Institution administered and managed by Minorities: Madras High Court

“State Government is within its right to impose the threshold cap of admitting students from minority community to 50 percent”

Case Briefs Supreme Court

Child Custody| Supreme Court modifies Family Court’s order, allows father to meet child in mall instead of Court premises

Supreme Court said that the repeated visitation rights in the Court premises would also not be in the interest of the child as the environment during which the visitation rights are exercised would also matter.

Case Briefs Supreme Court

Supreme Court rebukes Jharkhand Govt. for sleeping over 20-year-old case on back wages; Summons State’s Chief Secretary

During the hearing, an Advocate on the panel of the State of Jharkhand, has requested the Court to not summon the Chief Secretary, but Supreme Court declined the said request because the present matter has not been assigned to any counsel for the State of Jharkhand.

Case Briefs High Courts

Allahabad High Court upholds CAT order directing Union Government to grant notional promotion to Railway employees from 2018

Clause-7 of the letter dated 12-09-2013 provides that those serving on deputation may not be normally returned to their parent establishment, is not a rule to disable the promotions or to disable repatriation

Case Briefs High Courts

Read why Madras HC granted ad interim injunction in favour of Sangeetha hotels, restraining franchisee from using ‘Geetham’ mark

Madras High Court said that the apprehension of Sangeetha Hotels that the public would be misled into believing that the respondent is nothing but old wine in a new bottle stands prima facie proved.

Case Briefs Supreme Court

Courts should exercise restraint in exercising power of judicial review in contracts involving complex technical issues; SC reiterates

Supreme Court viewed that the Division Bench of Karnataka High Court, which was considering an appeal against a judgment of a Single Judge rejecting the writ petition, ought to have proceeded with circumspection.

Case Briefs High Courts

Madras HC directs students to clean classrooms, write articles on Mahatma Gandhi, Dr. Abdul Kalam, former CM Kamaraj as conditions for anticipatory bail

“School is situs for transformation of personality traits and for reformation via love and discipline. Education is a platform for acquisition of knowledge, as knowledge is power”

Legal RoundUp Supreme Court Roundups

Supreme Court Roundup September 2023| DSPE Act; HIV/AIDS Guidelines; Self-Respect & Secular Marriages; Rights of Children from Null & Void Marriages; & more

This roundup revisits the analyses of Supreme Court’s judgments/orders on DSPE Act; HIV/AIDS guidelines; Self-respect and secular marriages; Andaman & Nicobar Islands Gang rape case; and more. It also covers Cases Reported in SCC Weekly in the month of September; Explainers on important law points; and Never reported Judgments

Case Briefs Supreme Court

Mere acquittal in criminal case will not automatically qualify candidate for appointment to a post in law enforcement agency: Supreme Court

“The yardstick to be applied in cases where the appointment sought relates to a Law Enforcement Agency, ought to be much more stringent than those applied to a routine vacancy.”

Case Briefs Supreme Court

Can Enforcement Officer file complaint under repealed provisions of FERA after enforcement of FEMA? SC answers

“A Statute cannot be interpreted in such a manner that any provision thereof is rendered otiose.”

Case Briefs High Courts

Decoding Allahabad High Court verdict on applicability of doctrine of severability on arbitral awards

“Section 34 confers power on the court to set aside an award, the power could be exercised to set aside any or all such awards, whether composite, interim, final or additional”

Case Briefs High Courts

Explained | Madras HC quashes FIR against Advocate accused of restraining Revenue Inspector from conducting a survey

“The legal profession involves fighting for the rights of the clients and the Advocate tends to react more aggressively even outside the Courts. This is a character which is developed by an Advocate by virtue of the nature of duty that he performs for his clients”.