Prachi Bhardwaj, Author at SCC Times

Can foreigners transfer/dispose of immovable property situated in India by sale or mortgage without RBI’s prior permission? SC explains the true import of Section 31 of FERA, 1973

“Merely because no provision in the Act makes the transaction void or says that no title in the property passes to the purchaser in case there is contravention of the provisions of Section 31, will be of no avail. That does not validate the transfer referred to in Section 31, which is not backed by “previous” permission of the RBI.”

Appointments & Transfers News

SCBA Elections 2020-21 results announced; Senior Advocate Vikas Singh to be the next President [Read results]

Senior Advocate Vikas Singh has been elected as the President of the Supreme Court Bar Association (SCBA), while Senior Advocate Pradeep Kumar

Case Briefs Supreme Court

Malicious allegations against spouse costing him his job and reputation not an attempt to preserve the relationship but a definite case of mental cruelty: Supreme Court

“When the reputation of the spouse is sullied amongst his colleagues, his superiors and the society at large, it would be difficult to expect condonation of such conduct by the affected party.”

Legislation Updates Notifications

Puerto Rico | Guidelines on Lactation Room Standards

The Woman’s Advocate Office (‘WAO’) of Puerto Rico has published Guidelines on the Acclimatization of Lactation Rooms[1] on 11th February, 2021. The

Case Briefs Supreme Court

Consent decree recognising pre-existing rights created by oral family settlement does not require registration under section 17 of Registration Act, 1908: Supreme Court

Supreme Court: The bench of Ashok Bhushan* and R. Subhash Reddy, JJ has held that consent decree recognising pre-existing rights created by

Legislation Updates Notifications

IKIGAI Law’s comments on Draft National Strategy on Blockchain Technology

In January 2021, the Ministry of Electronics and Information Technology (“MEITY”) had released a Draft on National Strategy on Blockchain[1]. The draft

Case Briefs Supreme Court

Can Courts issue mandamus to frame policy? Read this short explainer by the Supreme Court

“Judicial review of a policy decision and to issue mandamus to frame policy in a particular manner are absolutely different.”

Case Briefs Supreme Court

COVID 19 a “lame excuse”: Here’s why SC refused to allow extra attempt for UPSC CSE to last attemptees

“What is being claimed and prayed for under the guise of Covid 19 pandemic is nothing but a lame excuse in taking additional attempt to participate in the Civil Service Examination 2021 to be held in future.”

Case Briefs Supreme Court

Married woman’s heirs on paternal side are not strangers; she can enter in family settlement with such heirs: Supreme Court

Supreme Court: The bench of Ashok Bhushan* and R. Subhash Reddy, JJ has held that when heirs of father of a female

Case Briefs Supreme Court

Supreme Court spells out if consumer fora can apply the New India Assurance company Ltd judgment prospectively and accept the written statement beyond 45 days

Supreme Court: The bench of Dr. DY Chandrachud and MR Shah, JJ has held that consumer fora has no jurisdiction and/or power

Case Briefs Supreme Court

Parties agreeing to out-of-court settlement without judicial intervention under Section 89 CPC can’t be denied benefit of refund of court fees; they are “even more deserving”: Supreme Court

“No justifiable reason why Section 69-A of Tamil Nadu Court Fees and Suit Valuation Act, 1955 should only incentivize the methods of out-of-court settlement stated in Section 89, CPC and afford step brotherly treatment to other methods availed of by the parties.”

Case Briefs Supreme Court

‘Reasoned Judgment must be passed alongwith the operative order’; SC asks NCDRC President to discontinue the upsetting trend of delayed reasoned orders

“The rights of the aggrieved parties are being prejudiced if the reasons are not available to them to avail of the legal remedy of approaching the Court where the reasons can be scrutinized.”

Case Briefs Supreme Court

Supreme Court directs compensation of Rs. 5 Lakhs after a bank breaks customer’s locker without just cause. RBI to frame rules for Locker management [Read obligations of bank]

“Banks cannot wash off their hands and claim that they bear no liability towards their customers for the operation of the locker.”

Case Briefs Supreme Court

Does the presence of arbitration clause in a contract with State oust the jurisdiction under Article 226? Supreme Court answers

“The State and its instrumentalities are not exempt from the duty to act fairly merely because in their business dealings they have entered into the realm of contract.”

Case Briefs Supreme Court

Police Officers beat a man to death 20 years before offence under S. 324 IPC became non-compoundable. SC refuses to compound such “offence against humanity”

“When the protector of people and society himself instead of protecting the people adopts brutality and inhumanly beat the person who comes to the police station, it is a matter of great public concern.”

Know thy Judge OP. ED.Tributes and Obituaries

Remembering Justice PB Sawant, champion of the poor and oppressed

by Prachi Bhardwaj†

Case Briefs Supreme Court

‘No interviews, UP Police to escort’; Supreme Court allows journalist Sidhique Kappan to visit his ailing mother for 5 days

The Kerala journalist was arrested under the Unlawful Activities (Prevention) Act on his way to Hathras, Uttar Pradesh to report on the alleged gang-rape of a Dalit woman, who later died in the Hospital.

Hot Off The Press News

Advocate’s clerk, guilty of sexual harassment, banned from entering Supreme Court precincts for 3 months

On 15.02.2021, the Supreme Court has issued a notice banning Ashok Saini, the clerk of an advocate, from entering the precincts of

Case Briefs Supreme Court

“In their blooming and blossoming, we all bloom and blossom”; Read how denial of scribe to a person suffering from writer’s cramp led to SC issuing directions for formulation of new policies

RPwD Act 2016 is based on the simple idea with profound implications that each of us has: “unique powers to share with the world and make it interesting and richer.”