Prachi Bhardwaj, Author at SCC Times

Distribution of COVID essentials like oxygen, Remdesivir| “Not substituting the jurisdiction of the High Courts”; Supreme Court explains why it intervened

“The role of this Court in the present situation is complementary to the role and functions being performed by the High Courts. Neither is intended to substitute the other.”

Case Briefs Supreme Court

A blind Scheduled Caste woman raped! Supreme Court explains intersectional oppression and how it needs to be addressed

“The experience of rape induces trauma and horror for any woman regardless of her social position in the society. But the experiences of assault are different in the case of a woman who belongs to a Scheduled Caste community and has a disability because the assault is a result of the interlocking of different relationships of power at play.”

Case Briefs Supreme Court

Gangster previously prosecuted in 15 cases gets bail in a murder case! Supreme Court sets aside Allahabad High Court order

“There is no doubt that liberty is important, even that of a person charged with crime but it is important for the courts to recognise the potential threat to the life and liberty of victims/witnesses, if such accused is released on bail.”

Know thy Judge OP. ED.Tributes and Obituaries

The Judicial Legacy of Justice MM Shantanagoudar

“An irreducible core of right to life is “dignity”. Right to human dignity comes in different shades and colours. (…) The right

Hot Off The Press News

Sitting Supreme Court judge Justice MM Shantanagoudar passes away

In a sad news coming from the Supreme Court, Justice MM Shantanagoudar has passed away on 24.04.2021 after a prolonged illness. He

Appointments & Transfers News

Justice NV Ramana sworn in as the 48th Chief Justice of India

Justice NV Ramana took oath as the 48th Chief Justice of India in a small ceremony at the Rashtrapati Bhavan due to

Case Briefs Supreme Court

COVID-19 surge| As nation gasps for breath, Supreme Court calls for “even handed” distribution of COVID essentials like oxygen, Remdesivir; asks Centre to submit a “national plan”

“The High Courts have passed certain orders which may have the effect of accelerating and prioritising the services to a certain set of people and slowing down the availability of these resources to certain other groups whether the groups are local, regional or otherwise.”

Case Briefs Supreme Court

Ad-hoc judges to be appointed to deal with unprecedented pendency of cases in High Courts. Supreme Court issues guidelines and “trigger points” for activation of dormant Article 224A

“Article 224 A should not be made a dead letter, more so when the need is so pressing.”

Case Briefs Supreme Court

With 220 vacancies, “the High Courts are in a crisis situation”; Here’s what the Supreme Court advised to facilitate timely appointments

“The High Courts are in a crisis situation. There are almost 40% vacancies in the High Courts, with many of the larger High Courts working under 50% of their sanctioned strength.”

Case Briefs Supreme Court

Deficiencies in Criminal Trials and pendency of cases| Supreme Court directs all High Courts to adopt the Draft Rules of Criminal Practice, 2021

Supreme Court: After noticing common deficiencies which occur in the course of criminal trials and certain practices adopted by trial courts in

Hot Off The Press News

COVID-19 surge| Supreme Court to hear only urgent matters from April 22, 2021. Here’s the list of matters that can be treated as “urgent”

The Supreme Court has notified that only urgent matters will be listed for hearing w.e.f. 22.04.2021. The Circular, further, states that the

Case Briefs Supreme Court

COVID-19 surge| Allahabad HC’s “lockdown” judgment stayed for now but UP Govt to “immediately” report to HC on steps taken and future plan: Supreme Court

“Until further orders, there shall be an ad interim stay of the impugned order passed by the High Court.”

Case Briefs Supreme Court

Explained: Rule of alternate remedy and maintainability of writ petitions under Article 226 of the Constitution

“An alternate remedy by itself does not divest the High Court of its powers under Article 226 of the Constitution in an appropriate case though ordinarily, a writ petition should not be entertained when an efficacious alternate remedy is provided by law;.”

Case Briefs Supreme Court

“We are afraid that we cannot do anything”; Read why Supreme Court refused to interfere with the dismantling of INS Viraat, the oldest serving warship in the World

“While appreciating the sentiments of the petitioners, we are afraid that we cannot do anything at this stage”

Case Briefs Supreme Court

Balance sheet entries can amount to an acknowledgement of liability under Section 18 of the Limitation Act, 1963: Supreme Court

Supreme Court: The 3-judge bench of RF Nariman, BR Gavai and Hrishikesh Roy, JJ has held that an entry made in the

Know thy Judge OP. ED.Tributes and Obituaries

Former Supreme Court judge Justice MK Mukherjee passes away at 87. Here are his 5 notable judgments

by Prachi Bhardwaj†

Case Briefs Supreme Court (Constitution/Larger Benches)

No more “mechanical” conversion of complaints under Section 138 NI Act from summary to summons trial; Magistrates “must” record reasons: Supreme Court

“Such conversion of complaints under Section 138 from summary trial to summons trial has been contributing to the delay in disposal of the cases.”

Case Briefs Supreme Court

Any creditor including Central/State Government or any local authority bound by Resolution Plan approved by adjudicating authority under Section 31(1) IBC: Supreme Court

“On the date of approval of resolution plan by the Adjudicating Authority, all such claims, which are not a part of resolution plan, shall stand extinguished. “