Apoorva, Author at SCC Times

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”

Case Briefs High Courts

“Embarrassment for the whole city”: Kerala HC takes suo motu cognizance after food poisoning at Ponnurunni Anganwadi, Issues Directions

Kerala High Court expressed deep concern over the situation, calling it an embarrassment for the entire city to witness such a massive accumulation of waste without any action taken to remove it.

Case Briefs High Courts

‘State suffers fatal and serious injuries from attacks by animals and reptiles’; Kerala HC directs State and KELSA to propose measures for redressing victims’ grievances

“This matter requires serious and urgent consideration, in consultation with the stakeholders”

Case Briefs Supreme Court

Supreme Court upholds conviction of man for murdering his wife; Rejects plea of alibi

The absence of any explanation or defense from the convict, coupled with the surrounding circumstances that pointed to his culpability, led the Supreme Court to conclude that the only plausible inference was that the convict had participated in the commission of the crime.

Case Briefs Supreme Court

Supreme Court directs NEET UG counselling for vacant seats; Orders Completion of admission process by 30th Dec

Supreme Court directed that no college would be permitted to admit the students directly and admission should be conducted only through the State Admission Authorities.

Case Briefs High Courts

Madras High Court refuses to quash abetment case against Hostel warden in Thanjavur Schoolgirl Suicide case

Madras High Court highlighted that the truth of the dying Declaration cannot be tested by this court while exercising the jurisdiction under Section 482 CrPC

Case Briefs Supreme Court

Supreme Court recognises Oran lands as ‘Forests’ under Forest Conservation Act; Issues directions to protect ‘sacred groves’ of Rajasthan

“Recognizing Orans as forests aligns with both domestic legal mandates and international commitments, fostering a harmonious balance between cultural heritage and biodiversity conservation for present and future generations.”

Case Briefs Supreme Court

From Death Row to Life: Supreme Court commutes sentence of man convicted for Sexual assault and murder of 4-year-old boy

“The crime committed by the convict was diabolic in character. He enticed the innocent child by tempting him with ice-cream and brutally sodomized and murdered the four-year old. The appellant also mercilessly strangulated the deceased. The post-mortem report clearly indicated that death was due to asphyxia by throttling”.

Case Briefs High Courts

Read why Allahabad HC granted anticipatory bail to wife’s uncle in Atul Subhash suicide case

“There is no doubt that the right to liberty is enshrined in Part-III of the Constitution of India and such rights cannot be impinged except by following procedure established by law.”