Prachi Bhardwaj, Author at SCC Times

Two men walk free after 12 years in prison as SC holds that conviction cannot be based solely on refusal to undergo a Test Identification Parade

The finding of guilt cannot be based purely on the refusal of the accused to undergo an identification parade.

Connection with agricultural land a must for homestead land & waterbodies to come within the purview of the WB Restoration of Alienated Land Act, 1973

Homestead land when included within the meaning of the term “land” in 1973 Act means homestead of an agriculturist and not any and every structure on non-agricultural land.

Case Briefs Supreme Court

Are you a homebuyer planning to take builder to Court? SC says you can choose between seeking remedy under the RERA Act or the Consumer Protection Act

The RERA Act does not bar the initiation of proceedings by allottees against the builders under the Consumer Protection Act, 1986.

Case Briefs Supreme Court Roundups

Supreme Court Monthly Roundup – October 2020

TOP STORIES Domestic Violence| Wife can claim right to residence in shared household belonging to not just husband but also to his

Case Briefs Supreme Court

SC issues notice in plea seeking regulation of social media profile verification; minors’ access and circulation of obscene material. Read what the PIL states

Supreme Court: The 3-judge bench of SA Bobde, CJ and AS Bopanna and V. Ramasubramanian, JJ has issued notice in a PIL

Case Briefs High Courts

P&H HC| Newly married lawyer keeps ‘Doli’ ceremony on hold to appear for his client. His commitment doesn’t go unnoticed

Punjab & Haryana High Court: In an interesting order, Arun Monga, J acknowledged a lawyer’s commitment towards discharging his duty to his

Case Briefs Supreme Court

SC stresses on importance of mirror orders in interjurisdictional child custody matters. Read what a mirror order is

Supreme Court: The bench of UU Lalit, Indu Malhotra and Hemant Gupta, JJ, explaining the concept of a mirror order, has said,

Case Briefs Supreme Court

As an 11-year-old’s custody gets transferred to his business tycoon father by a 2:1 verdict, Justice Gupta, dissenting, says pampering is not parenting

Supreme Court: The bench of UU Lalit, Indu Malhotra and Hemant Gupta, JJ has, in a 2:1 verdict, has transferred the custody

Case Briefs Supreme Court

Police constable acquitted in a murder case but dismissed from service after a related disciplinary enquiry. Read why SC upheld the dismissal

Involvement of a member of the police service in a heinous crime, if established, has a direct bearing on the confidence of society in the police.

Case Briefs Supreme Court

All petitions challenging the IBC provisions relating to personal guarantors transferred to Supreme Court

The Insolvency and Bankruptcy Code is at a nascent stage and it is better that the interpretation of the provisions of the Code is taken up by the Supreme Court to avoid any confusion.

Case Briefs Supreme Court

Officers designated under Section 53 of the NDPS Act are “Police Officer” within the meaning of section 25 of the Evidence Act; SC holds in 2:1 verdict [Detailed Report]

Any confessional statement made to the Officers designated under Section 53 of the NDPS Act is inadmissible.

Case Briefs Supreme Court

Does the custody of a child gets transferred from the mother to grand parents if they are assisting in looking after the child? Read what SC says

Supreme Court: In a case dealing with the custody of a 7-year-old, the 3-judge bench of Dr. DY Chandrachud, Indu Malhotra and

Case Briefs Supreme Court

“What greater certificate of incompetence would there be for the legal Department!”; SC on State of MP “again and again” filing appeals after inordinate delay

“The State of Madhya Pradesh continues to do the same thing again and again and the conduct seems to be incorrigible!”

Case Briefs Supreme Court

Hathras Gang Rape| CRPF to provide security to the victim’s family & witnesses; SC says apprehensions are not without justification

In a matter of the present nature it is necessary to address the normal perception and pessimism which cannot be said as being without justification.

Case Briefs Supreme Court

COVID-19| SC says “system of Video Conferencing has been extremely successful”; alters only one guideline from April 6 order

Supreme Court: The 3-judge bench of SA Bobde, CJ and Dr. DY Chandrachud and L. Nageswara Rao, JJ has made a slight

Case Briefs Supreme Court

SC| Courts cannot adopt a rigid or formalistic approach while interpreting Section 167(2) CrPC. Read why

Supreme Court: Interpreting Section 167(2) CrPC, the 3-judge bench of UU Lalit, MM Shantanagoudar and Vineet Sarah, JJ has said that the

Hot Off The Press News

Gujarat High Court becomes the first Court to start “experimental” live streaming of Court Proceedings on YouTube

The experimental live streaming of the First Court of the Gujarat High Court started today after the Chief Justice of High Court

Case Briefs Supreme Court

“All our counseling to Government and Government authorities have fallen on deaf ears”; SC on inordinate delay in filing appeals/petitions by Govt./State Authorities

“The Supreme Court of India cannot be a place for the Governments to walk in when they choose ignoring the period of limitation prescribed.”

Case Briefs Supreme Court

Can the breach of audi alteram partem rule by itself lead to the conclusion that prejudice has been caused? SC elucidates

Supreme Court: The 3-judge bench of RF Nariman, Navin Sinha and KM Joseph has reiterated the principles of natural justice as follows:

Case Briefs Supreme Court

Unless extended for “good reason”, stay by ‘any court’ automatically expires within a period of six months; SC reminds

Supreme Court: Clarifying the legal position on expiry of stay, the 3-judge bench of RF Nariman, Navin Sinha and KM Joseph, JJ