Prachi Bhardwaj, Author at SCC Times

No reservation for in-service doctors in Super Specialty Medical Courses for the academic year 2020-2021; holds SC

Supreme Court: The 3-judge bench of L. Nageswara Rao, Hemant Gupta and Ajay Rastogi, JJ has directed that that there will be

Case Briefs Supreme Court

Railway Protection Force officer fails to detect & prevent thefts. SC answers if his compulsory retirement is justified or not

“A police officer in the Railway Protection Force is required to maintain a high standard of integrity in the discharge of his official functions.”

Case Briefs Supreme Court

Madras HC refuses to decide vires of Section 40(a)(iib) of the Income Tax Act pending assessment proceedings. SC disapproves the approach

“Vires of a relevant provision goes to the root of the matter.”

Case Briefs Supreme Court

COVID-19| Seeking waiver of interest on interest for loan during the moratorium period? SC asks Govt to implement decision to forego compound interest on these 8 categories

Supreme Court: In a breather to customers in the case relating to waiver of interest on loan during the moratorium period, the

Case Briefs Supreme Court

Appointments and functioning of Tribunals| Tribunal Rules 2020 valid but need modifications, National Tribunals Commission to be constituted; directs SC [Read Directions]

“Dispensation of justice by the Tribunals can be effective only when they function independent of any executive control: this renders them credible and generates public confidence.”

Case Briefs Supreme Court

Anvay Naik Suicide| High Court abdicated it’s duty by failing to make prima facie evaluation of FIR. Here’s why SC granted interim bail to the accused

“The remedy of bail is the solemn expression of the humaneness of the justice system.”

Case Briefs Supreme Court

No relief to Skoda Volkswagen as SC refuses to quash FIR over alleged use of cheat devices

“The law is well settled that Courts would not thwart any investigation.”

Case Briefs Supreme Court

2015 Guru Granth Sahib sacrilege| ‘No threat to the lives of accused or to fair trial’; SC refuses to transfer the trial outside Punjab

“The transfer of trial from one state to another would inevitably reflect on the credibility of the State’s judiciary. Except for compelling factors and clear situation of deprivation of fair justice, the transfer power should not be invoked.”

Case Briefs Supreme Court

Govt sits over land for 33 years without authority. SC directs handing over of land to owners within 3 months; says such lawlessness cannot be condoned

“The courts’ role is to act as the guarantor and jealous protector of the people’s liberties: be they assured through the freedoms, and the right to equality and religion or cultural rights under Part III, or the right against deprivation, in any form, through any process other than law.”

Case Briefs Supreme Court

SC dismisses Tej Bahadur’s plea against rejection of his Nomination Papers to contest against PM Modi from Varanasi in 2019 Lok Sabha Polls

Ex-BSF Jawan Tej Bahadur’s nominations were rejected by the returning officer for want of a certificate to the effect that he has not been dismissed for corruption or disloyalty to the State.

Case Briefs Supreme Court

Can NSE realise withheld securities prior to expulsion or declaration of defaulter? SC discusses in detail

Supreme Court: In an elaborate judgment running into over 90 pages, the bench of AM Khanwilkar* and Dinesh Maheshwari, JJ has discussed

Case Briefs Supreme Court

Despite many witnesses turning hostile, SC finds man guilty of killing his wife in 1999; Says it’s not an unusual event in long drawn out trials in India

Supreme Court: In a case dating back to 1999 where a married woman was found dead in her matrimonial home, the bench

Hot Off The Press News

Mysterious discrepancy in case details and judgement files on Supreme Court’s website creates confusion

While going through the judgments uploaded on the Supreme Court’s official website, an anomaly has caught our attention. In two of the

Case Briefs Supreme Court

Not just the petitioning creditor but ‘any’ creditor can initiate transfer of winding up proceedings from a Company Court to NCLT; holds SC

Proceedings for winding up of a company are proceedings in rem to which the entire body of creditors is a party, hence, by a deeming fiction the petition by even a single creditor is treated as a joint petition.

Case Briefs Supreme Court

All is not lost for Shiksha Mitras as SC dismisses their plea challenging 2019 Assistant Teachers’ recruitment process but asks UP Govt to give them a third chance

Uttar Pradesh Government can now fill up 69, 000 posts in terms of the result declared on 12.05.2020.

Case Briefs Supreme Court

High Court not obliged to frame substantial question of law if no error is found in First Appellate Court’s findings; says SC

Supreme Court: The 3-judge bench of L. Nageswara Rao, Hemant Gupta* and Ajay Rastogi, JJ has held that the High Court is

Case Briefs Supreme Court

Mere lack of State Government’s prior consent does not vitiate CBI investigation in absence of prejudice caused to accused; says SC

State of Uttar Pradesh has accorded a general consent for investigation of cases by CBI in the whole of UP.

Case Briefs Supreme Court

No mention of intention to blacklist in the show cause notice? SC says such show cause notice and consequent blacklisting order liable to be quashed

Blacklisting can effectively lead to the civil death of a person.

Case Briefs Supreme Court

Signature obtained by fraud? Burden of proof is on the party alleging such forgery; says SC

Supreme Court: The bench of AM Khanwilkar* and Dinesh Maheshwari, JJ has held that for invoking Section 17 of the Limitation Act,

Case Briefs Supreme Court

Timing of crime saves man from facing gallows or prison for the rest of his life for raping and killing 2.5 year old niece. SC commutes sentence under Section 376A IPC

Supreme Court: In a chilling case where a 21-year-old man was sentenced to death under Sections 302 and to life imprisonment under 376A