Prachi Bhardwaj, Author at SCC Times

Pupil-teacher ratio for special schools; special teachers for Children with Special Needs in general schools: Here’s SC’s stopgap arrangement till Centre notifies norms

Supreme Court: The 3-judge bench of AM Khanwilkar*, Dinesh Maheshwari and CT Ravikumar, JJ has directed the Central Government to notify the

Case Briefs Supreme Court

MV Act| Tribunals, Courts must recognize actual needs; award just compensation to help restore dignity of claimant with permanent disability: SC

Supreme Court: Reminding the Courts that the Motor Vehicles Act is in the nature of social welfare legislation and its provisions make

Foreign Legislation Legislation Updates

Hong Kong passes new film censorship law

The Government of Hong Kong has passed a new legislation banning films that are contrary to China’s national security interest. The new

Case Briefs Supreme Court

Surveillance versus right to privacy| Five unmissable quotes from the Pegasus Order

“If you want to keep a secret, you must also hide it from yourself.” George Orwell, 1984 Supreme Court: The 3-judge bench of NV Ramana, CJ and Surya Kant and Hima Kohli, JJ has appointed an Expert

Case Briefs Supreme Court

Pegasus| ‘National security cannot be the bugbear that the judiciary shies away from’. Here’s why the initially reluctant Supreme Court finally decided to interfere

“The free flow of information from the Petitioners and the State, in a writ proceeding before the Court, is an important step towards Governmental transparency and openness, which are celebrated values under our Constitution.”

Legislation Updates Rules & Regulations

IFSCA (Capital Market Intermediaries) Regulations, 2021

The International Financial Services Centres Authority has notified the IFSCA (Capital Market Intermediaries) Regulations, 2021 vide notification dated October 18, 2021.

Case Briefs Supreme Court

Vicarious liability in a contempt case? Contempt jurisdiction knows no such concept: Supreme Court

“Merely because a subordinate official acted in disregard of an order passed by the Court, a liability cannot be fastened on a higher official in the absence of knowledge.”

Case Briefs Supreme Court

The what, the why, the who and the how: All you need to know about SC’s independent probe order in Pegasus case

“… it was an extremely uphill task to find and select experts who are free from prejudices, are independent and competent.”

Legislation Updates Rules & Regulations

Provisions for adjustment of tariff in cases where there is a change in law notified vide the Electricity (Timely Recovery of Costs due to Change in Law) Rules, 2021

The Ministry of Power has notified the Electricity (Timely Recovery of Costs due to Change in Law) Rules, 2021 vide notification dated

Case Briefs Supreme Court

Explained| Can proceeding under SC/ST Act be quashed on the basis of compromise between accused and victim?

The Courts ought to be vigilant to ensure that the complainant-victim has entered into the compromise on the volition of his/her free will and not on account of any duress. If the Courts find even a hint of compulsion or force, no relief can be given to the accused party.

Case Briefs Supreme Court

What amounts to attempt to rape? Supreme Court explains in a 2005 attempted rape of minor girls

Supreme Court: In a case where the accused had lured minor girls aged 8 and 9, took them inside the room, closed

Case Briefs Supreme Court

Nomenclature of a Tax does not determine the nature of the levy or its true character: Supreme Court

Supreme Court: The 3-judg bench of Dr. DY Chandrachud*, Vikram Nath and BV Nagarathna, JJ has upheld the validity of Sections 52

Case Briefs Supreme Court

Anticipatory bail to an absconder? Supreme Court says no!

Supreme Court: In a case where the Patna High Court had granted anticipatory bail to an absconder, the bench of MR Shah*

Legislation Updates Rules & Regulations

International Financial Services Centres Authority (Insurance Intermediary) Regulations, 2021

The International Financial Services Centres Authority has notified the IFSCA (Insurance Intermediary) Regulations, 2021, vide notification dated October 18, 2021. The Regulation

Case Briefs Supreme Court

IBC and Limitation| Words “order is made available to the aggrieved party” consciously omitted from Section 61(1)&(2): SC. Read why

“The IBC, as a prescriptive mechanism, affecting rights of stakeholders who are not necessarily parties to the proceedings, mandates diligence on the part of applicants who are aggrieved by the outcome of their litigation.”

Foreign Legislation Legislation Updates

USA- California| New Law Regulating Charitable Fundraising Platforms

The Government of California has notified Assembly Bill 488 on October 7, 2021. The law amends The Supervision of Trustees and Fundraisers for Charitable Purposes

Legislation Updates Notifications

PLI scheme for Promoting Telecom and Networking Products Manufacturing launched in India

The Ministry of Communication has launched the Production Linked Incentive (PLI) Scheme for Telecom and Networking Products on October 14, 2021. The Scheme will be effective from

Case Briefs Supreme Court

Gauri Lankesh murder| Direct role in commission of an organized crime not necessary. HC “manifestly wrong” in quashing charges against Mohan Nayak N: SC

Supreme Court: In a major development in the Gauri Lankesh murder case, the bench of AM Khanwilkar*, Dinesh Maheshwari and CT Ravikumar,

Foreign Legislation Legislation Updates

New York | NYC Council passes Food Delivery App Laws, offering protection to delivery persons; awaiting assent

The New York City Council has passed various bills on September 23, 2021, offering protection to delivery workers in New York. The bills are awaiting Mayor’s assent. The key

Case Briefs Supreme Court

‘Furlough not a legal right’: Supreme Court explains difference between Parole and furlough

“Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough.”