Simranjeet, Author at SCC Times

Bombay HC stays order directing registration of FIR against former SEBI Chairperson Madhabi Puri Buch and other SEBI, BSE officials

The special court passed the order on the complaint filed by Sapan Shrivastava, a media reporter, seeking investigation into the alleged offences committed by the accused persons, involving large scale financial fraud, regulatory violations, and corruption.

Cases Reported Never Reported Judgments

NRJ Series | When SC held that rights of charge-holder cannot prevail against mortgagees under Section 100 of Transfer of Property Act, 1882 [(1954) 2 SCC 865]

This report covers the Supreme Court’s Never Reported Judgment on Section 100 of the Transfer of Property Act, 1882, dating back to the year 1954.

Case Briefs High Courts

‘Issue involves mixed question of law and fact’; Bombay HC dismisses family’s plea to transfer RBI bonds of a Jain man who took sanyas

The petitioners have other efficacious and appropriate remedy before appropriate forum/Court to adjudicate the disputed claims.

Case Briefs District Court

‘Material contradictions and improvements in victim’s statements’; Delhi Court acquits three accused persons of charges of gang rape

There is no explanation on record as to why the victim did not depose in her examination-in-chief about commission of rape by the accused persons, which is the most important fact and there is no explanation as to how she forgot to mention such a material fact during her examination-in-chief.

Case Briefs High Courts

‘Discontinuation of contract, without reasons, is arbitrary’; Bombay HC quashes MMRDA’s order terminating Consultancy contract for Mumbai Metro Lines

Clause 2.8.1(f) of the General Conditions of Contract, which enables MMRDA to terminate the contract without assigning any reasons, cannot be read to mean that MMRDA has a licence to act unfairly, or arbitrarily.

Case Briefs High Courts

Mere change in tax rate for future AYs, no ground to reopen assessment without fulfilling jurisdictional parameters under S. 148 of Income Tax Act: Bombay HC

The jurisdictional parameter about failure to disclose fully and truly all material facts necessary for assessment are missing and without compliance with the said parameters, the respondents have no jurisdiction to proceed with the reopening of the assessment.

Case Briefs High Courts

‘Victim sensed a bad touch, so her instinct must be believed’; Bombay HC upholds former Army Officer’s sentence under POCSO Act

The victim’s testimony in sexual assault cases is vital and unless there are compelling reasons which necessitates looking for corroboration of her statement, the courts shall find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable.

High Courts

Bombay HC asks State Govt. to consider applicants entering mother’s social status in “Aaple Sarkar” Web Portal for obtaining caste certificate

While dealing with matters such as the present one, the Court must be conscious of the fact regarding the purpose and object of seeking such a caste certificate based on the mother’s social status, since the mother belongs to the reserved category.

Case Briefs High Courts

‘Long incarceration can lead to depression, anxiety, drug abuse’; Bombay HC grants bail to a man in custody for over 9 years

Inmates face social stigma which can disrupt relationships with family and friends and the incarcerated persons often suffer long-term consequences from having been subjected to pain, deprivation, and extremely atypical patterns and norms of living and interacting with others.

Case Briefs High Courts

Bombay HC grants bail to a 70-year-old man who alleged to have conspired for slitting girl’s throat as a human sacrifice

The witness stated that he has seen Applicant 2 at the incident spot, but the Court noted that his statement is recorded after three years.

Cases Reported Never Reported Judgments

NRJ Series | When SC determined the ownership of trees with spontaneous growth on the land owned by Government [(1954) 2 SCC 779]

This report covers the Supreme Court’s Never Reported Judgment on ownership, dating back to the year 1954.

Case Briefs High Courts

Madras HC denies bail to Rahul Dinesh Surana, VP of Surana Power Ltd., alleged to have indulged in cheating of Banks and siphoning off public money

The petitioner did not comply with the twin conditions stipulated under Section 212(6) of the Companies Act, 2013 and there is every possibility for the evidence being tampered and the witnesses being influenced by him.

Case Briefs High Courts

Bombay HC quashes case against Nestle India Ltd. for allegedly selling ‘sub-standard’ Maggie noodles

If the food/sample is tested in a laboratory which does not fall within the definition of Section 3(p) of the Food Safety and Standards Act, 2006 and is not recognized by the Food Authority, the analysis made in such laboratory cannot be relied upon.

Case Briefs High Courts

Limitation for offence punishable under Section 498-A of IPC commences from the last act of cruelty: Bombay HC

Limitation for prosecution under Section 498-A¹ of IPC does not continue for indefinite period as such interpretation will render Section 468² of CrPC nugatory/otiose for the purpose of Section 498-A of IPC which does not appear to be the legislature’s intention.

Case Briefs High Courts

‘Cannot direct the University to lower cut-off standard’; Bombay HC upholds cancellation of admission after 2 years due to insufficient International Baccalaureate points

If the University gave necessary accommodation of issuing provisional eligibility based on predicted marks and then if the student does not actually score as per prediction, then the College or the University cannot be blamed.

Case Briefs High Courts

Kerala HC directs AWHO to demolish and reconstruct towers built for defence personnel to prevent casualties

The Army Welfare Housing Organisation (‘AWHO’) will pay the owners of Tower B and C, who were residing as of 29-03-2024, Rs 21,000 and Rs 23,000 respectively per month towards the expenses for alternate accommodation until reconstruction.

Case Briefs High Courts

‘Whether Section 50 CrPC mandates furnishing grounds of arrest in writing to accused, other than PMLA/UAPA cases?’; Bombay HC refers matter to Larger Bench

Some clear and definite guidelines are required to be issued to the Courts of Magistrates and to the investigating agencies to follow the procedure of giving a remand report sufficiently in advance to the arrested accused before his first remand application is considered by the appropriate Court.

Case Briefs High Courts

‘‘Halba’ and ‘Halbi’ are different Scheduled Tribes’; Bombay HC directs Committee to issue validity certificate considering pre-constitutional documents

By the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976, the Schedule—IX is amended by deleting the original Entry at S.No.13 as ‘Halba or Halbi’ and inserting Entry at S.No.19 as ‘Halba, Halbi’ for the State of Maharashtra, pursuant to the States Reorganization Act, 1956.

Cases Reported Never Reported Judgments

NRJ Series | Where former court not competent to try subsequent suit, matter decided therein, cannot operate as res judicata [(1954) 2 SCC 765]

This report covers the Supreme Court’s Never Reported Judgment on res judicata, dating back to the year 1954.

Case Briefs High Courts

‘Will cause interference in functions of elected body’; Allahabad HC stays order of Chairman, Bar Council of U.P. directing constitution of new Elders Committee

The impugned order dated 12-01-2025 was recalled with a direction to constitute a new Elders Committee and hold elections under the supervision of the Observers appointed by the Bar Council.