Simranjeet, Author at SCC Times

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.

Case Briefs High Courts

Sarpanch resigning under Section 29 of Maharashtra Village Panchayats Act, 1959 entitled to withdraw the same during its verification in Panchayat meeting: Bombay HC

Once the resignation is withdrawn, there is nothing to be discussed in the Gram Panchayat meeting and the meeting qua the subject of resignation must be terminated immediately after desire for withdrawal for resignation is expressed.

Case Briefs High Courts

Bombay HC directs Registry to register Khadi’s device mark “PRAKRITIK PAINT” in respect of cow dung based paints

There is sufficient material on record to show that the petitioner is openly using the subject device mark in the context of its goods in the public domain and the Registrar completely ignored these documents while passing the impugned order.

Case Briefs High Courts

‘Individual’s liberty cannot be curtailed merely because he participated in political rally that later turned violent’; Bombay HC quashes preventive detention order

Respondents have not taken recourse to the procedure contemplated by Section 7 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers Drug-Offenders and Dangerous Persons Act, 1981, which provides for procedure to be adopted in case where the detenue is absconding.

Hot Off The Press News

Bombay High Court grants bail to six accused in Govind Pansare Murder Case

Govind Pansare, 82 years old, was shot in Kolhapur, Maharashtra on 16-02-2015 and succumbed to injuries on 20-02-2015.

Case Briefs High Courts

‘Immunity granted under S.35 of Maharashtra Village Panchayats Act, 1959 is for post and not person’; Bombay HC sets aside notice of no confidence motion against woman sarpanch

The Sarpanch is a post conferred upon a person and therefore, the term ‘Sarpanch’ as well as the post of Sarpanch cannot be distinguished as both have identical meanings in common parlance.

Case Briefs High Courts

‘Principles of natural justice thrown to the winds’; Bombay HC stays license suspension order of female advocate for alleged misconduct

A party to the proceedings being not informed of the jurisdictional authority which decides the complaint itself is fatal to all norms of fairness.

Case Briefs High Courts

‘No other evidence except victim’s bare words’; Bombay HC acquits father for allegedly having sexual intercourse with daughter

“It was suggested that the victim girl lodged a false report against her father because the father did not give green signal to her marriage with the boy to whom she wanted to marry.”

Case Briefs High Courts

Bombay HC rejects plea to stay release of film “Sky Force” in copyright infringement case against script titled “Fire Bird”

The proceedings in the present case are not only delayed but can be treated as litigation strategy on applicant’s part to claim urgent circulation and to seek ad-interim reliefs at the eleventh hour when the film is about to be released.

Case Briefs High Courts

‘Not in excess of permissible 25% quota’; Bombay HC dismisses plea challenging Nomination in recruitment process of District Judges

By Resolution dated 12-04-2017, Permanent Selection and Appointment Committee of the High Court had resolved that for determining quota prescribed under Rule 5 of Maharashtra Judicial Service Rules, 2008, actual working strength of Judges in that cadre as on 31st March of every year had to be taken into consideration.

Cases Reported Never Reported Judgments

NRJ Series | When Supreme Court upheld Senior Advocate’s conviction under Ss. 181 and 193 IPC for making of false statement [(1954) 2 SCC 473]

This report covers the Supreme Court’s Never Reported Judgment on making of false statement, dating back to the year 1954.

Case Briefs High Courts

Bombay HC restrains Rupali Ganguli’s daughter Esha Verma from publishing defamatory posts against her

Social media platforms, print media, other digital/non-digital mediums and other relevant intermediaries are also restrained from publishing, sharing, hosting, circulating, or promoting any further defamatory content about plaintiff.

Case Briefs High Courts

No fetter on Charity Commissioner’s power to entertain application for suspension, removal, or dismissal of trustee, whose Change Report is pending before Deputy Charity Commissioner: Bombay HC

The action for suspension, removal, or dismissal of the trustee under Section 41-D of the Maharashtra Public Trust Act, 1950 (‘the MPT Act’) is an independent action having no connection with the enquiry to be conducted under Section 22 of the MPT Act.

Case Briefs High Courts

Bombay HC grants compensation of Rs 4 lakhs each to father and mother of a man who died by accidentally falling from a local train

Appellants clearly discharged the initial burden to show that the deceased was carrying a valid monthly pass and was a bonafide passenger and that the pass must have been lost in the untoward incident.

Case Briefs High Courts

Wife filing false case under S.498-A IPC to correct husband’s behaviour amounts to cruelty: Bombay HC

Once the mind of a spouse is corrupted to resort to a false prosecution against a spouse, it is certain that the spouse has lost all reasonableness and rationality to maintain solemnity of the marriage.

Case Briefs High Courts

‘Student’s right to travel abroad by issuance of passport cannot be scuttled merely because father did not grant consent’; Bombay HC directs Passport Officer to consider application by mother

The right to travel is required to be not only recognized but made more meaningful, which can be achieved and supported by authorities implementing the provisions of the Passport Act, 1967 by effectively recognizing contemporary needs in dealing with passport applications.