Prachi Bhardwaj, Author at SCC Times

Written intimation of hearing just before commencement of video conference hearing by Advisory Board leads to SC quashing detention of man in a gold smuggling case

Supreme Court: In the case where the State Advisory Board had heard a detenu on video conference, without any sufficient prior intimation

Case Briefs Supreme Court

No more asking sexual offence survivor to tie Rakhi or get married to the accused; Supreme Court calls for gender sensitisation of judges and lawyers [Read Directions]

“Judges play – at all levels – a vital role as teachers and thought leaders. It is their role to be impartial in words and action, at all times. If they falter, especially in gender related crimes, they imperil fairness and inflict great cruelty in the casual blindness to the despair of the survivors.”

Legislation Updates Notifications

Residential status of certain individuals under Income-tax Act, 1961, relaxation provided against double taxation

The Ministry of Finance has issued a Circular[1] dated 03.03.2021 providing relaxation to certain individuals with respect to their residential status under

Case Briefs Supreme Court

Proceedings instituted under Consumer Protection Act, 1986 not to be transferred to fora created under 2019 Act with newly prescribed pecuniary limits: Supreme Court

“One can imagine the serious hardship that would be caused to the consumers, if cases which have been already instituted before the NCDRC were required to be transferred to the SCDRCs as a result of the alteration of pecuniary limits by the Act of 2019.”

Legislation Updates Statutes/Bills/Ordinances

Rajya Sabha passes Medical Termination of Pregnancy (Amendment) Bill, 2021

The Rajya Sabha has passed the Medical Termination of Pregnancy (Amendment) Bill, 2021 to amend the Medical Termination of Pregnancy Act, 1971

Legislation Updates Rules & Regulations

Securities and Exchange Board of India (Annual Report) Rules, 2021

On March 12, 2021, the Ministry of Finance has notified SEBI (Annual Report) Rules, 2021. Under the Rules, the Securities and Exchange

Legislation Updates Rules & Regulations

All India Tourist Vehicles (Authorisation or Permit) Rules, 2021

On 10th March, 2021, the Ministry of Road Transport and Highways has notified the All India Tourist Vehicles (Authorisation or Permit) Rules,

Case Briefs Supreme Court

UP Police Constables appointments| Shifting of candidates selected against posts meant for reserved categories, to open category as per Court directions hence valid: Supreme Court

“With the availability of 3295 additional posts, in the re-working exercise, if the candidates who were already selected against reserved posts were entitled to be considered against open category posts, that exercise cannot be termed as illegal or invalid on any count.”

Case Briefs Supreme Court

Ineligible promoters under Section 29A IBC can’t propose compromise or arrangement schemes under Section 230 of the Companies Act, 2013: Supreme Court

“The purpose of the ineligibility under Section 29A is to achieve a sustainable revival and to ensure that a person who is the cause of the problem either by a design or a default cannot be a part of the process of solution.”

Legislation Updates Statutes/Bills/Ordinances

Arbitration and Conciliation (Amendment) Act, 2021

On 11th March, 2021, the Central Government has notified the ‘The Arbitration and Conciliation (Amendment) Act, 2021’. The Amendment Act is deemed

Legislation Updates Notifications

ICDR | International Dispute Resolution Procedures, modified

The International Centre for Dispute Resolution (ICDR) issued a revised set of rules to the ICDR Dispute Resolution Procedures (including the Mediation

Case Briefs Supreme Court

Section 195(1)(b)(i) CrPC doesn’t bar prosecution by Investigation Agency against persons producing false evidence at the stage of investigation: Supreme Court

“Just like a private party who has been a victim of forgery committed outside the precincts of the Court, the investigative agency should not be left remediless against persons producing false evidence for the purpose of interfering with the investigation process.”

Case Briefs Supreme Court

Explained: Scope of judicial interference in election matters relating to delimitation of constituencies and allotment of seats, specifically in municipal elections

Supreme Court: The 3-judge bench of RF Nariman*, BR Gavai and Hrishikesh Roy, JJ reiterated the law relating to the bar to

Case Briefs Supreme Court

Appointment of Government official as Election Commissioner “a mockery of the constitutional mandate”; ECs must be independent: Supreme Court

“All State Election Commissioners appointed under Article 243K in the length and breadth of India have to be independent persons who cannot be persons who are occupying a post or office under the Central or any State Government.”

Hot Off The Press News

COVID-19 | New York Legislature Passes COVID-19 Vaccine Paid Leave Law

The New York Legislature has passed COVID-19 Vaccine Paid Leave Bill under the New York Paid Sick Leave Law. The Bill grants

Legislation Updates Notifications

Malaysia | The Emergency (Employees’ Minimum Standards of Housing, Accommodations and Amenities) (Amendment) Ordinance 2021 By

The Emergency (Employees’ Minimum Standards of Housing, Accommodations and Amenities) (Amendment) Ordinance 2021[1] came into operation on 26th February, 2021. The Amendment

Case Briefs Supreme Court

Explained: Waiver| An intentional relinquishment of a right; an agreement not to assert a right: Supreme Court

“Waiver is an intentional relinquishment of a right. It involves conscious abandonment of an existing legal right, advantage, benefit, claim or privilege.”

Cabinet Decisions Legislation Updates

India | Cabinet approves PLI Scheme for Pharmaceuticals

The Ministry of Chemicals and Fertilizers have notified Production Linked Incentive Scheme (PLI) for Pharmaceuticals on 3rd March, 2021[1]. Indian pharmaceutical industry

Case Briefs Supreme Court

‘Commercial wisdom of Committee of Creditors is not to be interfered with’; Supreme Court sheds light on the limited scope of interference by NLAT/NCLAT

“The limited judicial review, which is available, can in no circumstance trespass upon a business decision arrived at by the majority of CoC.”

Case Briefs Supreme Court

In what circumstances can a criminal proceeding be quashed? Supreme Court yet again answers the “hotly debated” question on scope of exercise of HCs’ power under Section 482 CrPC

“The exercise of inherent power of the High Court is an extraordinary power which has to be exercised with great care and circumspection before embarking to scrutinise the complaint/FIR/charge-sheet in deciding whether the case is the rarest of rare case, to scuttle the prosecution at its inception.”