Prachi Bhardwaj, Author at SCC Times

“To be ‘substantial’, a question of law must be…”. Supreme Court summarises principles relating to Section 100 CPC

Supreme Court: The bench of Indira Banerjee* and JK Maheshwari, JJ has explained that to be ‘substantial’, a question of law must

Articles Mental Health

Making Mental Health a Global Priority: Because it is Everyone’s Business

by Ananya Mahapatra †

Case Briefs Supreme Court

Failure to produce accused before Special Court while considering extension application under Section 167 CrPC a gross illegality: SC

Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka*, JJ has held that under Section 167 of the Code of

Case Briefs Supreme Court

Explained| Commercial Court’s power while dealing with an application under Section 9 of the Arbitration and Conciliation Act, 1996

Supreme Court: The bench of MR Shah* and Krishna Murari, JJ has explained the scope of powers of a Commercial Court while

Case Briefs Supreme Court

Married daughter cannot claim compassionate appointment as a right; certainly not years after employee’s death: Supreme Court

Supreme Court: In a case where a married daughter of the deceased was claiming compassionate appointment, the bench of MR Shah* and

Case Briefs Supreme Court

Explained| Difference between Contract of Indemnity and Contract of Guarantee

Supreme Court: In an Insolvency and Bankruptcy case, the bench of Indira Banerjee* and JK Maheshwari, JJ has explained the difference between

Case Briefs Supreme Court

IBC| CIRP proceedings can be initiated against two Corporate Debtors but same amount cannot be realised from both: Supreme Court

Supreme Court: The bench of Indira Banerjee* and JK Maheshwari, JJ has held that if there are two borrowers or if two

Legal RoundUp Supreme Court Roundups

Supreme Court September 2022| Abortion Rights to all ‘women’; Marital Rape; Pre-sentence hearing of death row convicts; Sidhique Kappan’s bail; Collegium Recommendation; and more

This roundup revisits the analyses of Supreme Court’s judgments/orders on Unmarried persons’ right to safe abortion, Inclusion of ‘marital rape’ under Abortion laws, Journalist Sidhique Kappan’s bail; Constitution Bench’s opinion on Doctrine of Precedents; Reference of question relating to Pre-sentence hearing of death row convicts; Explainers on important law points; Collegium Recommendation; and more

Case Briefs Supreme Court

“Sexual assault” or “rape” under Medical Termination of Pregnancy laws includes “marital rape”: holds Supreme Court, without changing the contours of ‘rape’ defined under Section 375 IPC

“The nature of sexual violence and the contours of consent do not undergo a transformation when one decides to marry. The institution of marriage does not influence the answer to the question of whether a woman has consented to sexual relations. If the woman is in an abusive relationship, she may face great difficulty in accessing medical resources or consulting doctors.”

Case Briefs Supreme Court

Unmarried persons cannot be denied rights based on narrow patriarchal principles on “permissible sex”: Key takeaways from SC’s historic verdict on right to safe abortion

While the interim order was passed in the case on 21.07.2022, the Supreme Court took over two months to write a far-reaching 75-pages-long verdict, touching upon various aspects like purposive interpretation of Medical Termination of Pregnancy laws, equal status of married and unmarried or single women, right to reproductive autonomy, right to dignity, effect of unwanted pregnancy on mental health of women, etc.

Case Briefs Supreme Court

Hiding criminal antecedents while applying for Government job? Good enough reason for employer to terminate services. Read Supreme Court’s clear principles governing such cases

Supreme Court: While dealing with a case relating to termination of a CRPF probationer for suppressing material information relating to his criminal

Case Briefs Supreme Court

Explained| Admiralty Law: Scope of Intra-Court appeals from interim orders to Commercial Appellate Division of the High Court

Supreme Court: The bench of Indira Banerjee* and AS Bopanna, JJ has held that an appeal does not lie to the Commercial

Case Briefs Supreme Court

Prophet Remark Row| All FIRs against Journalist Navika Kumar clubbed. Here’s how Supreme Court’s order in Nupur Sharma case helped her

Supreme Court: The bench of MR Shah* and Krishna Murari, JJ has transferred all the FIRs filed against Time Now anchor Navika

Case Briefs Supreme Court

Clever drafting cannot result into Plaintiff getting relief indirectly which otherwise cannot be given: Supreme Court

Supreme Court: In a case where a plaintiff had sought for permanent injunction without applying for the substantive relief of specific performance

Case Briefs Supreme Court

Closure of Bio-Medical Waste Treatment Facility, only for want of prior Environmental Clearance, would be against public interest: Supreme Court

Supreme Court: In a case where the closure of a Common Bio-Medical Waste Treatment Facility was sought for want of Environmental Clearance

Case Briefs Supreme Court

IBC-Limitation| Pendency of proceedings in a parallel forum not sufficient cause for delay in filing Section 9 IBC application: Supreme Court

“A claim may not be barred by limitation. It is the remedy for realisation of the claim, which gets barred by limitation.”

Case Briefs Supreme Court

Delhi Land Reforms Act 1954 a special law; Succession provided in Hindu Succession Act 1956 will not prevail over it: Supreme Court

Supreme Court: In a case where challenge was made to declare Section 50(a) of the Delhi Land Reforms Act, 1954 unconstitutional being

Hot Off The Press News

Supreme Court upholds the Constitutional Validity of Haryana Sikh Gurdwara (Management) Act 2014

The division bench of Hemant Gupta and Vikram Nath, JJ. has upheld the constitutional validity of Haryana Sikh Gurdwara (Management) Act 2014

Case Briefs Supreme Court (Constitution/Larger Benches)

SC Constitution Bench| Binding nature of a judgment depends on the Bench Strength and not the numerical strength of the Judges taking majority view

Supreme Court: Explaining the doctrine of precedents, the 5-judge Constitution Bench of Indira Banerjee*, Hemant Gupta*, Surya Kant, MM Sundresh and Sudhanshu

Case Briefs Supreme Court

Dishonour of Cheque – S. 141 NI Act| Complainant only supposed to have general knowledge of person(s) in charge of company/firm; Burden on Director/Partner to prove their innocence: SC

“Quashing of a complaint is a serious matter. Complaint cannot be quashed for the asking. For quashing of a complaint, it must be shown that no offence is made out at all against the Director or Partner.”