Prachi Bhardwaj, Author at SCC Times

Right to Information| Chargesheets and final reports not equivalent to FIRs; can’t be published on State Websites for public access: Supreme Court

The prayer seeking free public access to chargesheets and final reports was made relying on ruling in Youth Bar Association of India v. Union of India, (2016) 9 SCC 473, wherein the Supreme Court had directed copies of FIRs to be published within 24 hours of their registration on the police websites or on the websites of the State Governments.

Case Briefs Supreme Court

Don’t rely on crowd sourced resources like Wikipedia; Supreme Court cautions Courts & Adjudicating Authorities

The Supreme Court's observation came after the Commissioner of Customs (Appeal) had referred to Wikipedia for coming to the conclusion in a case under the Central Excise Tariff Act, 1985.

Case Briefs Supreme Court

Child adopted by government servant’s Hindu widow, after his death, not ‘family’ under the CCS (Pension) Rules: Supreme Court

The bench of KM Joseph and BV Nagarathna, JJ has held that the definition of ‘family' under the Central Civil Services (Pension) Rules, 1972 is a restrictive and specific one and cannot be expanded to take within its sweep, all heirs, as provided under Hindu law, or other personal laws.

Case Briefs Supreme Court

Explained| Can bail be cancelled on merit once the accused is released on default bail?

“The Courts have the power to cancel the bail and to examine the merits of the case in a case where the accused is released on default bail and released not on merits earlier. Such an interpretation would be in furtherance to the administration of justice.”

Case Briefs Supreme Court

Sikkimese women can’t be denied tax exemption merely for marrying non-Sikkimese men after April 2008; SC strikes down Proviso to Section 10(26AAA) of Income Tax Act

Noting that there is no disqualification for a Sikkim man, who marries a non-Sikkimese after 01.04.2008, the Supreme Court observed that the discrimination is based on gender.

Case Briefs Supreme Court

They are all Sikkimese! All old settlers entitled to the exemption under Section 10(26AAA) of the Income Tax Act: Supreme Court

While MR Shah, J, has struck down the definition of “Sikkimese” in Section 10(26AAA) of the Income Tax Act, 1961, Nagarathna, J, has called for saving the Explanation to Section 10(26AAA) and has created a stopgap ‘sub-clause (iv)’ till the Union of India makes the requisite amendment to the provision.

Case Briefs Supreme Court

“Fragmentation/apartmentalisation of single dwelling units will injure the ‘Lungs’ of the city”; Supreme Court issues directions to protect Corbusian Chandigarh

Taking note of the sorry state of affairs as to how the city of Bengaluru, once considered to be one of India’s best cities, a ‘Garden city’ has been ruined on account of haphazard urban development, the Supreme Court observed that the warning flagged by the city of Bengaluru needs to be given due attention by the legislature, executive and the policy makers and proper balance needs to be struck between sustainable development and environmental protection.

Case Briefs Supreme Court

Advancement of technology not “diversification”; Trade tax exemption can be claimed only if goods of different nature are manufactured: Supreme Court

The Supreme Court was hearing the case where a manufacturer was earlier manufacturing “Spun Line Crown Cork” used for sealing the glass bottles but now with the use of modern technologies, was manufacturing “Double Lip Dry Blend Crowns”, also used for sealing the glass bottles.

Case Briefs Supreme Court

Rectificatory jurisdiction under Section 111A of the Companies Act, 1956 cannot be invoked for violation of SEBI Regulations: Supreme Court

The Supreme Court observed that the important role of the Regulator cannot be circumvented by simply asking for rectification under Section 111A of the Companies Act, 1956.

Case Briefs Supreme Court

Borrower to pre-deposit 50% of the “debt due” including ‘interest’ under Section 18 of SARFAESI Act: Supreme Court

The Court was called upon to decide as to while calculating the amount to be deposited as predeposit under Section 18 of the SARFAESI Act, 50% of which amount the borrower is required to deposit as pre-deposit and whether while calculating the amount of “debt due”, the amount deposited by the auction purchaser on purchase of the secured assets is required to be adjusted and/or appropriated towards the amount of pre-deposit to be deposited by the borrower under Section 18 of the SARFAESI Act.

Legal RoundUp Supreme Court Roundups

Supreme Court December 2022| Presumption of public servant’s guilt in bribery cases; Rejection of Bilkis Bano’s review plea; Tribal Women’s share in father’s property; and more

“When the daughter belonging to the non-tribal is entitled to the equal share in the property of the father, there is no

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

Ministers and the freedom to make ‘hurtful’ statements: Supreme Court’s Constitution Bench verdict & Justice Nagarathna’s partial dissent, explained

The issue emerged after SP leader Azam called the unfortunate incident of 2016 gang-rape of a minor and her mother in Uttar Pradesh a “political conspiracy only and nothing else”. V Ramasubramanian, J delivered the verdict for himself and SA Nazeer, AS Bopanna, BR Gavai, JJ, however, BV Nagarathna, J, while agreeing with the reasoning and conclusions arrived at by the majority on certain questions referred, went on to lend a ‘different perspective’ on some issues.

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

Demonetisation Verdict: Breakdown of the majority and minority opinions

While BR Gavai, J has written the majority opinion for himself and SA Nazeer, A.S. Bopanna, V. Ramasubramanian, JJ, to uphold the legality of the 2016 demonetization, BV Nagarathna, J is the lone dissenter who has held that though demonetisation was well-intentioned and well thought of, the manner in which it was carried out was improper and unlawful.

Legal RoundUp Supreme Court Roundups

2022: The year of 1263 judgments; 3 CJIs; and important firsts| An all inclusive Supreme Court roundup

With 1263 judgments delivered; three Chief Justices of India taking turns to lead the judiciary; a number of judges retiring and a

Case Briefs Supreme Court

Person cannot be tried under MCOCA/GUJCOCA once he ceases to indulge in any unlawful act after its coming into force: Supreme Court

The Supreme Court also held that the dictum as laid by this Court in State of Maharashtra v. Shiva alias Shivaji Ramaji Sonawane, (2015) 14 SCC 272 is the correct exposition of law and does not require any relook.

Events/Webinars News

In search for innovative ideas on improving filing & listing system, Supreme Court gears up to organise its first ever ‘Hackathon’

The event, that will be organized under the supervision and guidance of Justice Sanjay Kishan Kaul, will take place on 07.01.2023.

Case Briefs Supreme Court

22-year-old POCSO accused alleges false FIR filed due to property dispute; Supreme Court grants bail

The undertrial prisoner, accused of kidnapping and raping a 16-year-old, has been behind the bars for almost two and a half years.

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Explained| Supreme Court’s dismissal of Bilkis Bano’s review petition| Legal Updates

Case Briefs Supreme Court

Pre-mature release of Bilkis Bano gangrape convict: Supreme Court’s May 2022 order; the review petition and its dismissal, explained

The petition had sought review of order directing the Gujarat Government to consider the application for pre-mature release of one of the Bilkis Bano Gangrape convicts, under its policy dated 09.07.1992, which was existing at the time of his conviction.

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

In absence of complainant’s direct evidence of bribe, presumption of Public Servant’s guilt can be drawn based on other evidence; holds SC Constitution Bench

The Constitution Bench of SA Nazeer, BR Gavai, AS Bopanna, V Ramasubramanian and BV Nagarathna, JJ has observed that the trial does not abate nor does it result in an order of acquittal of the accused public servant if the complainant turns ‘hostile’, or has died or is unavailable to let in his evidence.