Arushi, Author at SCC Times

‘Teach constitutional journey through lives who shaped it’: Madras HC directs State to include Dr B.R. Ambedkar in TN school curriculum

The tragedy of our times lies in confining such a towering national figure within narrow caste-based perceptions. Dr Ambedkar’s larger-than-life legacy is too often reduced to a sectional emblem, when in truth he belongs to the entire nation, to every classroom, every court, every institution of learning, and every citizen who cherishes dignity under the law.

Case Briefs Foreign Courts

Valid Consent Under GDPR and PECR Must Be Assessed Objectively: UK Court of Appeal on Cookies and Targeted Direct Marketing

The law treats consent as something shown by a clear outward action, not by what a person is thinking internally. If there is no clear external indication of agreement, consent does not exist, regardless of the person’s actual state of mind, and the law does not allow inquiry into their inner thoughts.

Case Briefs High Courts

Bombay High Court grants interim relief to NSE; restrains misuse of its trade mark on social media platforms

The Court stated that it is open for the intermediaries to communicate with the YouTubers to adjust their accounts to remove infringing content. A large following or long-standing channel is no defence unless prior use before the National Stock Exchange (NSE) can be proven.

Case Briefs Foreign Courts

Excessive Access Requests and Compensation for Non-Material Damage — EU Court of Justice’s Interpretation of GDPR Explained

Merely alleging fear of losing control over personal data is not enough to justify compensation. If a person claims compensation based on fear that their data may be misused in the future, it must be assessed whether that fear is well founded in specific circumstances of the case.

Case Briefs Foreign Courts

Why United Kingdom High Court Refused to Reopen Nirav Modi’s Extradition Case — A Clear Legal Explainer

The Court said that the assurances provided by Government of India were detailed and reliable. Since they were given at a diplomatic level, any breach would seriously harm trust between India and the UK, especially in a high-profile case like Nirav Modi’s.

Case Briefs Supreme Court

Supreme Court upholds interim relief in JAMP-Jubilant pharmaceutical product dossiers dispute

In the present case, Jubilant Generics alleged Jamp Pharma Canada of misusing its confidential pharmaceutical dossiers. Jubilant claims these were wrongly shared with Indian companies, leading to copyright and trade secret violations.

Case Briefs Foreign Courts

Lahore High Court grants interim relief in blanket manufacturer’s petition against National Tariff Commission’s confidential tariff report

In the present case, the petitioner discovered that the National Tariff Commission had finalized a tariff rationalisation report but withheld its key recommendations and implications as confidential. It argued treating the most consequential parts of the report was arbitrary, violated transparency, and infringed the constitutional right to access information.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CCI imposes Rs 27 Crores penalty on Intel Corp. for abuse of dominance through India-specific warranty policy on boxed microprocessors

CCI noted that warranty is an important factor when buying a boxed microprocessor, as it protects against defects and gives consumers confidence. Intel’s data from 2016—2021 shows failures do occur, so denying warranty in India for products bought abroad harms consumers and creates adverse effects on competition.

Case Briefs Supreme Court

Supreme Court directs NIA to submit report on applicability of UAPA in Beldanga violence; Calcutta High Court to assess report

In the present case, the Government of India directed the NIA to investigate a FIR filed by West Bengal Police under multiple laws. The State argued that, even without investigation or supporting material, the order itself claimed the FIR allegations fall under Section 15(1)(a) of Unlawful Activities (Prevention) Act, 1967.

Maternity leave cannot be clubbed with regular leaves

Case Briefs High Courts

Kerala High Court: Maternity leave is a right; cannot be clubbed with regular discretionary leaves

The Court stated that extraordinary situations require extraordinary measures. In this unique case, where the petitioner had to avail both maternity and medical leave in the same year, the general rule of termination for exceeding one year’s leave cannot be rigidly applied.

transfer of case not allowed on imaginary anxieties

Case Briefs High Courts

Punjab and Haryana HC: Transfer application cannot be allowed on whims or imaginary anxieties; clear evidence of genuine risk to fair trial required

“Judicial error is not synonymous with judicial partiality and hence mere passing of an unfavorable order, or even an order subsequently set aside by a superior Court, does not ipso facto establish a foundation for bias or prejudice.”

child custody factors Supreme Court child's welfare in custody disputes

Case Briefs Supreme Court

Child’s welfare paramount in custody disputes; but parents’ financial capacity, living standard, and education also matter: Supreme Court

The Court noted from the mediation report that both children wished to live with their father in Qatar, despite limited memories of the place. The elder child added that their father’s presence alone would be enough, with someone available to care for them.

taxability of share substitution in amalgamation

Case Briefs Supreme Court

Supreme Court clarifies when share substitution on amalgamations is taxable under S. 28 Income Tax Act

Business profits must be concrete and commercially realisable, not mere paper adjustments. In amalgamation, substitution of shares that yield realisable assets of definite value constitutes taxable income under Section 28 of Income Tax Act, 1961, guided by the doctrine of real income to tax genuine gains while avoiding illusory ones.

failure to issue notice under Section 21 of Arbitration Act

Case Briefs Supreme Court

Failure to issue notice under S. 21 of A&C Act not fatal if claim is otherwise valid and arbitrable: Supreme Court

Section 21 of Arbitration and Conciliation Act, 1996 is concerned only with determining the commencement of the dispute for the purpose of reckoning limitation. There is no mandatory prerequisite for issuance of a Section 21 notice prior to the commencement of arbitration.

Independent satisfaction mandatory under Art. 311(2)(b)

Case Briefs High Courts

Independent satisfaction required for dismissal under Article 311(2)(b): Read Delhi HC ruling reinstating Deputy SP, CBI dismissed for illegal gratification

In the present case, a Deputy SP, CBI, was accused of demanding illegal gratification. He was placed under suspension, and disciplinary proceedings were initiated under Article 311(2)(b) of Constitution without a regular inquiry. Consequently, the Disciplinary Authority dismissed him from service.

Case Briefs Supreme Court

Forest lands cannot be used for non-forestry purposes: Read Supreme Court’s direction to restore Karnataka’s forest land with indigenous plantations

The very grant of lease to the respondent for agricultural purposes was uncalled for because it led to devastation and deforestation of huge forest area admeasuring nearly 134 acres.

Case Briefs Supreme Court

Supreme Court stays Aravalli order; directs constitution of High-Powered Committee to clarify definition of Aravalli Hills and Ranges and its ecological impact

Strong concerns are raised about misinterpretation and improper implementation of the newly adopted definition of the Aravalli Hills and Ranges. Their dissent arises from perceived ambiguity in the directives, creating a pressing need for further clarification to avoid regulatory gaps that could undermine the ecological integrity of the Aravalli region.

No civil remedy against Lok Adalat award

Case Briefs Supreme Court

Statutory finality of Lok Adalat award excludes appellate/penal civil remedy; only remedy is High Court’s supervisory jurisdiction: Supreme Court

The Executing Court’s role in enforcing a decree based on a Lok Adalat award under the Legal Services Authorities Act, 1987 is limited to execution alone. It cannot annul, set aside, or question the validity of the award, and objections in execution cannot serve as an alternative remedy to challenge the award.

Parties cannot challenge agreed interest rate

Case Briefs Supreme Court

Parties agreeing to rate of interest cannot later challenge it on ground of public policy: SC upholds 36% interest in BPL-Morgan Securities and Credits case

BPL Ltd., having knowingly entered into the bill discounting agreement, was bound by its terms. Since it defaulted on repayment for years, the stipulated 36% compound interest could not be considered burdensome or oppressive.

Case Briefs Supreme Court

Supreme Court directs Centre to prepare Sustainable Mining Plan for Aravali Range; no new mining leases to be granted until plan is finalized

Aravali Hills and Ranges is an area comprising significant biodiversity. The Range also act as a green barrier thereby preventing desertification in the Indo-Gangetic plains, Haryana, and western Uttar Pradesh.