Prachi Bhardwaj, Author at SCC Times

UP Housing and Development Board’s function does not include fixing its employees’ service conditions; SC modifies 2014’s Preetam Singh verdict

On 10.02.2020, a division bench had come to the conclusion that the view taken by this Court in Preetam Singh’s case needs reconsideration after it prima facie found that the functions of the Board contemplated under Section 15 of the 1965 Act were wide enough even to cover the act of fixing service conditions of its employees. Hence, the matter was referred to a larger bench.

Case Briefs Supreme Court

All State Regulatory Commissions must frame Regulations for determination of Electricity tariff within 3 months: Supreme Court

The Electricity Act, 2003 does not prescribe one dominant method to determine tariff as it seeks to distance the State Governments from the determination and regulation of tariff, placing such power completely within the ambit of the Appropriate Commissions.

Case Briefs Supreme Court

Explained| Is there an absolute bar on judicial review of State’s ‘arbitrary’ action in matters arising from non-statutory contracts?

Supreme Court: On the issue of the scope of judicial review of action by the State in a matter arising from a

Case Briefs Supreme Court

Is the reformation goal under JJ Act 2015 making juveniles more emboldened in committing heinous crimes? SC asks Centre to take steps before it’s too late

Supreme Court: In the Kathua Rape and murder case where one of the accused was found to be taking the statutory shelter

Case Briefs Supreme Court

‘First committed a ghastly crime then took shelter under the guise of being a minor’; ‘Juvenile’ in Kathua rape-murder case to be tried as an adult: SC

“A casual or cavalier approach while recording as to whether an accused is a juvenile or not cannot be permitted as the courts are enjoined upon to perform their duties with the object of protecting the confidence of a common man in the institution entrusted with the administration of justice.”

Case Briefs Supreme Court

Property Tax under MMC Act: Future prospects of land/building not to be considered for determining capital value; Only present physical attributes relevant: SC

Supreme Court: In a case challenging the validity of computation and levy of property tax based on capital value system under the

Know thy Judge

Not here to do miracles but to work on bringing institutional changes: Justice DY Chandrachud shares his to-do list as the 50th CJI

Changing the face of the District Judiciary, institutionalising processes like listing of matters and E-filing in the Supreme Court, elevation of members of the Bar to High Courts and filling up of judicial vacancies, would be some of the key focus areas of Dr Justice DY Chandrachud as the 50th Chief Justice of India.

Case Briefs Supreme Court

Judicial order cannot be passed on application requesting hearing of review by a particular judge; It’s Chief Justice’s administrative call: SC

Supreme Court: In an interesting question raised before it that compelled the bench of Aniruddha Bose and Vikram Nath*, JJ to reserve

Case Briefs High Courts

Punjab and Haryana High Court stays arrest of Deepak Chaurasia; directs him to appear before Trial Court

Punjab and Haryana High Court: While deciding the instant petition preferred by Deepak Chaurasia, against the order dated 28-10-2022 whereby his bail

Case Briefs Supreme Court

PILs against Jharkhand CM Hemant Soren ‘bald allegations’ & ‘abuse of process of court’; High Court should have dismissed the PILs at the very threshold: SC

Supreme Court: The 3-judge bench of UU Lalit, CJ and S. Ravindra Bhat and Sudhanshu Dhulia*, JJ has set aside the order

Legislation Updates Notifications

SEBI modifies circular on Handling of Clients’ Securities by Trading Members/ Clearing Members

On 11-11-2022, the Securities and Exchange Board of India (‘SEBI’) has issued circular revising the Handling of Clients’ Securities by

Case Briefs Supreme Court

Civil Court can try debt recovery suit against bank or financial institution; Scope & effect of parallel proceeding before DRT explained: SC

Supreme Court: The 3-judge bench of Sanjay Kishan Kaul*, Abhay S. Oka and Vikram Nath, JJ, while dealing with the issue relating

Case Briefs Supreme Court

“Left with no alternative”, Supreme Court acquits all 3 accused in Chhawla Gang Rape and Murder case

“The prosecution has to bring home the charges levelled against them beyond reasonable doubt, which the prosecution has failed to do in the instant case, resultantly, the Court is left with no alternative but to acquit the accused, though involved in a very heinous crime.”

SCC Times Newsflash WATCH NOW

‘Juvenile’ in Kathua rape-murder case an adult; JJ Act needs review: SC

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

‘Identifier for 10% Quota for EWS is economic deprivation; Social or educational backwardness irrelevant’: Key takeaways from Dissenting opinion

While Dinesh Maheshwari, Bela M Trivedi and JB Pardiwala, JJ wrote separate but concurrent opinions forming majority, S. Ravindra Bhat, J wrote the minority opinion for himself and U.U. Lalit, CJ.

Case Briefs High Courts

Interim moratorium under S. 96 IBC in respect of one of the guarantors would not ipso facto apply against a co-guarantor; Delhi HC stays suit in view of bar under S.96 IBC

Delhi High Court: In two separate suits filed seeking recovery of amount from the defendants, being ex- promoters and personal guarantors of

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

Constitutionality of 10% Quota for EWS upheld in 3:2 verdict: Key takeaways from Majority Ruling including suggestion for prescribing time limit for reservation

While Dinesh Maheshwari, Bela M Trivedi and JB Pardiwala, JJ wrote separate but concurrent opinions forming majority, S. Ravindra Bhat, J wrote the minority opinion for himself and U.U. Lalit, CJ.

Case Briefs Supreme Court

Supreme Court upholds validity of amended Employees’ Pension Scheme but reads down certain provisions; Explains applicability of pre & post amendment Scheme

The requirement of the members to contribute at the rate of 1.16 per cent of their salary to the extent such salary exceeds Rs.15000/- per month as an additional contribution under the amended scheme has, however, been held to be ultra vires the provisions of the 1952 Act. The Court has given 6 months’ breather to the authorities make adjustments in the scheme.

Case Briefs Supreme Court

Explained| Can GPU Charities involved in trade claim tax exemption? [Section 2(15) of the Income Tax Act, 1961]

Supreme Court: Interpreting the proviso to Section 2(15) of the Income Tax Act, 1961 (IT Act) introduced by amendment w.e.f. 01.04.2009, the

Case Briefs Supreme Court

Non-reporting of POCSO offence despite knowledge a serious offence; Bombay High Court’s quashment of FIR against accused Medical Practitioner unfortunate: SC

“Non-reporting of sexual assault against a minor child despite knowledge is a serious crime and more often than not, it is an attempt to shield the offenders of the crime of sexual assault.”