Prachi Bhardwaj, Author at SCC Times

SCC Snippets| Using ‘promotion’ and ‘upgradation’ interchangeably? You won’t after reading this SC verdict

In 2011, the bench of RV Raveendran and Markandey Katju, JJ laid down principles relating to promotion and upgradation.

Land Acquisition| Right under Section 5A of 1894 Act to stave off compulsory acquisition cannot be unjustifiably extinguished: SC

Supreme Court: In a case where the inquiry under Section 5A of the Land Acquisition Act, 1894 was dispensed with despite there

Case Briefs Supreme Court

NEET| “Behind abstract number of ‘15 lakh students’ lie human lives”; SC asks NTA to rectify injustice caused to a “one-off” PwBD student

“Education plays a key role in social and economic inclusion and effective participation in society. Inclusive education is indispensable for ensuring universal and non-discriminatory access to education.”

Legislation Updates Rules & Regulations

National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021

The National Medical Commission has issued the National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021 vide notification dated November 18, 2021.

Case Briefs Supreme Court

Explained| Motor Accident Claims: Deceased not earning at the time of death – Can heirs claim future prospect/future rise in income?

“To have the perception that he is likely to remain static and his income to remain stagnant is contrary to the fundamental concept of human attitude which always intends to live with dynamism and move and change with the time.”

Case Briefs Supreme Court

Section 138 NI Act| Can’t defeat the complaint merely because it does not elaborate upon Managing Director’s authorisation: SC

Supreme Court: In a case relating to dishonour of cheques where it was alleged that the complaint was filed by the managing

Case Briefs Supreme Court

Explained| Scope of Civil Court’s jurisdiction despite bar under Section 25 of Punjab Security of Land Tenures Act

Supreme Court: Deciding the ambit of the bar of jurisdiction under Section 25 of the Punjab Security of Land Tenures Act, 1953

Legislation Updates Notifications

Department of Telecommunications allows 100% FDI in VSAT services

The Department of Telecommunications (DoT) has amended the License Agreement for providing Very Small Aperture Terminal (VSAT) services through Indian National Satellite

Case Briefs Supreme Court

POCSO| “Touch”, “physical contact” can’t be restricted to “skin to skin contact”; “sexual intent” is the key. SC reverses Bombay HC’s “dangerous precedent”

“The reasoning in the High Court’s judgment quite insensitively trivializes – indeed legitimizes – an entire range of unacceptable behaviour which undermines a child’s dignity and autonomy, through unwanted intrusions.”

Legislation Updates Notifications

ESIC extends timeline for filing and depositing ESI contributions

The Employees State Insurance Corporation has issued relaxation in the time limit for filing and depositing ESI contribution due to system breakdown

Case Briefs Supreme Court

‘Acquiescence virtually destroys the right of the person’. SC distinguishes acquiescence from delay and laches

Supreme Court: Explaining the difference between acquiescence and delay and laches, the bench of L. Nageswara Rao and Sanjiv Khanna*, JJ has

Foreign Legislation Legislation Updates

USA | New York passes Consumer Credit Fairness Act

On November 8, 2021, New York Government signed into law the Consumer Credit Fairness Act . The Act provides new requirements and prohibitions for debt collection

Case Briefs Supreme Court

Merely having an explicit clause not sufficient to make time the essence of the contract: SC

Supreme Court: On the question as to ‘whether time is of the essence in a contract’, the bench of NV Ramana, CJ*

Case Briefs Supreme Court

Decreeing a claim while exercising jurisdiction under Section 37 of Arbitration and Conciliation Act 1996 impermissible: SC

Supreme Court: In a case where the Punjab and Haryana High Court not only set aside the judgment of the District Judge

Foreign Legislation Legislation Updates

UK | New plans to boost cyber security of UK’s digital supply chains

The Department for Digital, Culture, Media & Sport has published new measures to enhance security of businesses’ IT services vide notification dated

Legislation Updates Notifications

IFSCA clarifies minimum holding period on sale or transfer of loan assets

The International Financial Services Centres Authority has notified that the Authority does not mandate any Minimum Holding Period (MHP) requirement with respect

Legislation Updates Notifications

CBDT clarifies pre-show cause notice to be not mandatory for cases under Central Excise Act, 1944 or Finance Act 1994 except in certain cases

The Central Board of Indirect Taxes and Customs has issued clarification regarding pre-show cause notice consultation for cases vide circular dated November