Prachi Bhardwaj, Author at SCC Times

Supreme Court pulls up Ludhiana Improvement Trust for sitting over an acquired land for three decades without paying for it; says ‘citizen’s right cannot be taken for a ride’ like this

“The Improvement Trust behaved as if it had some superior right to appropriate the property of the owners without paying for it contrary to the mandate of the LA Act.”

Case Briefs Supreme Court

Explained| Can sentence of a murder convict be reduced to sentence already undergone which was less than life imprisonment?

Supreme Court: In a murder case, where the Madhya Pradesh High Court had reduced the sentence to sentence already undergone which was

Case Briefs Supreme Court

Bar under Order II Rule 2 CPC cannot apply to an amendment sought on an existing suit; Supreme Court lays down Principles for Amendment of Pleadings

Supreme Court: On the question as to whether Order II Rule 2 CPC can be made applicable to an application for amendment

Legal RoundUp Supreme Court Roundups

Supreme Court August 2022 Roundup| Justice UU Lalit’s plan as 49th CJI; Benami Property Law; ‘Unconventional’ Families; Release of Bilkis Bano Rapists; Hate Speeches; GST; and more

This roundup contains reports on Justice NV Ramana’s retirement as the 48th CJI; Justice UU Lalit’s plan as new CJI; Rulings on Benami Property law; Unconventional families and their rights; UP CM Yogi Adityanath Hate Speech; Orders on Release of Bilkis Bano’s rapists, PM Security lapse, Pegasus Spyware; PMLA cases; Explainers; Important references to larger/Constitution Benches and ‘Know Thy Judge’ reports on Supreme Court Judges and more.

High Court Round Up Legal RoundUp

High Court Roundup: August 2022| Revisiting the top stories on Bigamy, POCSO, Cruelty, Deceased’s Right to dignity, Non-payment of GST, & more

The High Court Roundup brings a curated list of the top stories of the month to ensure readers do not miss any

Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

Top 18 Rulings from Tribunals, Commissions, Regulatory Authorities: Jobs for Transgender Persons; Kulda Coal Mine hazard; Fine on person pretending to be Advocate; and more I August 2022 roundup

This roundup contains rulings on Karnataka Textbook Society, Penalty on Umed Bhawan Palace, Kulda Coal Mine, Transgender Candidate, Illegal Beach Sand Mining and Shrimp Farming, Bogus Parties and Dubious Transactions, Director’s Breach of Duty, Late Payment of TDS, National Accreditation Board for Testing and Calibration Laboratories, Reduction of the Share Capital, Corporate Insolvency Resolution Proceedings.

Case Briefs Supreme Court

Supreme Court holds ‘Arbitrators cannot unilaterally issue binding and enforceable orders determining their own fees’; Justice Sanjiv Khanna partially dissents

Supreme Court: The 3-judge bench of Dr DY Chandrachud*, Surya Kant and Sanjiv Khanna*, JJ has held that arbitrators do not have

Case Briefs Supreme Court

“Family” includes domestic, unmarried/queer relationships; Child care/maternity leave benefits cannot be denied if women do not fit into “popular imagination” of a family: SC

“Gendered roles assigned to women and societal expectations mean that women are always pressed upon to take a disproportionate burden of childcare work.”

Case Briefs Supreme Court

Assessee cannot claim deduction by merely stating a bad debt as an irrecoverable write off without appropriate treatment in the accounts and non-compliance with Income Tax Act provisions: SC

Supreme Court: In the case where the Revenue had challenged Bombay High Court’s judgment affirming Income Tax Appellate Tribunal (ITAT)’s order for

Case Briefs Supreme Court

“Promise of freebies by political parties may push State towards bankruptcy”, says Supreme Court: Read the 4 issues referred to a larger Bench

Supreme Court: The 3-judge bench of NV Ramana, CJ and Hima Kohli and CT Ravikumar, JJ has referred, the matter relating to

Case Briefs Supreme Court

IBC prevails over Customs Act once moratorium is imposed; CBIC has limited jurisdiction, cannot initiate recovery of dues: Supreme Court

Supreme Court: The 3-judge bench of NV Ramana*, CJ and JK Maheshwari and Hima Kohli, JJ has held that the Insolvency and

Know thy Judge

Justice UU Lalit takes oath as the 49th Chief Justice of India: His Journey, Judgments and Focus Areas as the New Chief

Justice Lalit , who took oath as a Supreme Court judge in 2014, has delivered over 270 judgments so far.

Case Briefs Supreme Court

‘Nothing survives after filing of Closure Report’; Supreme Court dismisses plea on sanction to prosecute UP CM Yogi Adityanath in 2007 Hate Speech case

Allegedly, a hate speech by CM Yogi Adityanath, who was then a Member of Parliament, had led to the 2007 Gorakhpur Riots.

Case Briefs Supreme Court

PM Modi Security Lapse: Justice Indu Malhotra headed Enquiry Committee submits report; Supreme Courts asks Central and Punjab Governments to take further action

Supreme Court: After Enquiry Committee headed by Justice Indu Malhotra, former Judge of the Supreme Court of India, had submitted the report

Case Briefs Supreme Court

Supreme Court directs Haryana Discoms to pay compound interest on carrying cost to Adani Power from the date of Change of Law

Supreme Court: In a big win for Adani Power Limited, the 3-judge bench of NV Ramana, CJI and Krishna Murari and Hima

Case Briefs Supreme Court

Expert Committee submits report before Supreme Court in Pegasus Spyware case; Matter to be heard after 4 weeks

Supreme Court: After the Technical Committee and the Overseeing Judge submitted their reports in the Pegasus Spyware case, the 3-judge bench of

Case Briefs Supreme Court

‘At least two of the issues require reconsideration’; Supreme Court agrees to hear review petition of PMLA verdict

Supreme Court: As Congress MP Karti P. Chidambaram has sought review of the 3-judge bench verdict on the Prevention of Money Laundering

Case Briefs Supreme Court

Bilkis Bano’s rapists walk free: Supreme Court issues notice to Gujarat Government

When on August 15, 2022, her rapists walked out of the prison after serving 15 years’ imprisonment based on Gujarat Government’s remission policy, Bilkis Bano found herself “bereft of words” and “numb”.

Case Briefs Supreme Court

Employees cannot invoke writ jurisdiction against private educational institution for disputes relating to ordinary contract of service: Supreme Court

“Individual wrongs or breach of mutual contracts without having any public element as its integral part cannot be rectified through a writ petition under Article 226.”

Case Briefs Supreme Court

Financial crunch a valid ground to fix cut-off date for granting actual benefit of revision of pension/pay; Rule 3(3) of Tripura State Civil Services (Revised Pension) Rules, 2009 constitutional: Supreme Court

Supreme Court: The bench of MR Shah* and BV Nagarathna, JJ has held that the financial crunch/financial constraint due to additional financial