Prachi Bhardwaj, Author at SCC Times

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. “

Hot Off The Press News

With sudden rise in COVID-19 cases, Supreme Court issues additional guidelines for people entering the Court premises

Owing to the sudden upsurge of Covid-19 cases and as a precautionary measure to contain the spread of infection, the Supreme Court

Hot Off The Press News

Centre fast-tracks Emergency Approvals for foreign produced COVID-19 Vaccines

The subject matter with respect to fast tracking the emergency approvals for foreign-produced COVID-19 was discussed in the 23rd meeting of the

Foreign Legislation Legislation Updates

Georgia passes Election Integrity Act, 2021

The Government of Georgia has passed the Election Integrity Act, 2021 on March 31, 2021 and will come into force on July

Case Briefs Supreme Court

No blood or breath analyser test proving drunk driving? Insurer may still establish a case for exclusion from liability: Supreme Court

“Merely because there is no test performed, the Insurer would not be deprived of its right to establish a case which is well within its rights under the contract.”

Foreign Legislation Legislation Updates

US Senate proposes Strategic Competition Act, 2021

The US Senate Foreign Relations Committee has introduced the Strategic Competition Act of 2021. It seeks to “bolster the United States diplomatic

Case Briefs Supreme Court

Enquiry by retired Supreme Court judge into Justice V. Eswaraiah Phone Call controversy uncalled for: Supreme Court

“High Court ought not to have embarked on any other enquiry in the matter except to the maintainability of the PIL.”

Legislation Updates Rules & Regulations

Insolvency and Bankruptcy Board of India (Pre-packaged Insolvency Resolution Process) Regulations, 2021 (PPIRP Regulations) comes into force

The Insolvency and Bankruptcy Board has notified the Insolvency and Bankruptcy Board of India (Pre-packaged Insolvency Resolution Process) Regulations, 2021 on April

Case Briefs Supreme Court

Husband & Sister-in-law walk free after deceased’s dying declaration fails to “inspire confidence” in a 30 year old case; Supreme Court explains the yardstick for admissibility of a dying declaration

Supreme Court: The bench of Navin Sinha and Krishan Murari, JJ has held that there cannot be any rigid standard or yardstick

Case Briefs Supreme Court

“Complex” questions involving novation of contract can’t be decided by Court under Section 11 of the Arbitration and Conciliation Act: Supreme Court

“Detailed arguments on whether an agreement which contains an arbitration clause has or has not been novated cannot possibly be decided in exercise of a limited prima facie review as to whether an arbitration agreement exists between the parties.”

Legislation Updates Rules & Regulations

Customs (Verification of Identity and Compliance) Regulations, 2021

On April 5, 2021, the Central Board of Indirect Taxes and Customs (CBIC) has notified the Customs (Verification of Identity and Compliance)

Case Briefs Supreme Court

The Rapid MetroRail controversy; High Court’s “consensual order” and Supreme Court’s order directing HSVP to deposit 80% of debt due in Escrow Account

Non-interference in the matter would have inevitably led to the disruption of rapid metro lines for Gurgaon leading to disastrous consequences for the general public.