Editor_4, Author at SCC Times

Specific character assumed in a public auction cannot be changed to exploit the situation for personal gain:Bombay High Court

Participants in a public auction must maintain the character they assumed throughout the ensuing litigation, unless legally permitted by the Court. Changing character to exploit the situation for personal gain, especially at the expense of legitimate beneficiaries, is impermissible.

Case Briefs Foreign Courts

Competition Commission of South Africa revises its Public Interest Guidelines relating to merger control

Guided by the Competition Amendment Act, 2018, the revised Guidelines present the general methodology the Commission will follow in assessing Public Interest issues in merger analyses.

Case Briefs High Courts

Tata Steel’s contribution of Rs. 212.52 cr made to Compensatory Afforestation Fund to be treated as Revenue expenditure:Bombay High Court reiterates

The Court held that contribution to Compensatory Afforestation Fund will be considered as revenue expenditure and not capital in nature

Case Briefs High Courts

Tragic death of 8-year-old prompts Allahabad High Court to take suo motu cognizance of open manholes and ducts around Lucknow

Allahabad High Court: In a suo motu cognizance of the issue of open manholes and ducts within the municipal limits of Lucknow,

Case Briefs High Courts

Habeas Corpus writ for grant of visitation rights is not maintainable where matrimonial disputes between parties pending before Family Court: Allahabad HC

“The writ of habeas corpus is a prerogative writ, an extraordinary remedy, evolved under the common law and incorporated in our constitutional law, having the objective to protect and safeguard individual liberty.”

Case Briefs Foreign Courts

FTC issues final rule banning non-competes across the US; Finds them to be violative of S.5 of the FTC Act

The Commission determined that it is an unfair method of competition, for employers to enter into non-competes with workers and therefore a violation of Section 5 of the FTC Act.

Case Briefs High Courts

Bombay HC dismisses challenge to Maharashtra Administrative Tribunal’s 2013 order confirming suspension of a Sales Tax clerk on ground of unjustified delay

The Court was of the view there was no justification in approaching the Court to challenge the order of 2013 after a period of 5 years.

Case Briefs High Courts

Appointment of an Arbitrator from a narrow panel is violative of S. 12(5) of Arbitration Act: Bombay High Court

The vesting of the power for the confirmation of the nomination of arbitrators in the General Manager of the employer, runs contrary to the principle of impartiality and independence of the arbitration process.

Case Briefs High Courts

[Cash for Job Scam] Calcutta HC invalidates 24000 appointments secured through WB-SSC 2016 for State Fund Misappropriation for Illicit Employment

“Documents placed on record suggest that the State Government, at the level of the Cabinet had approved creation of the supernumerary posts to accommodate the persons who had received employment illegally in the selection process”

Restrictions against Kotak Mahindra Bank

Legislation Updates Rules & Regulations

Reserve Bank of India takes Supervisory Action against Kotak Mahindra Limited u/s 35-A of Banking Regulation Act, 1949

RBI directed Kotak Mahindra Bank to “cease and desist” the onboarding of new customers through its online and banking channels

Foreign Legislation Legislation Updates

US Department of Labor finalises rule to revise compensation thresholds for overtime eligibility

The Rule updates the present annual salary threshold from $35,568 to $58,656 by 01 January 2025

Case Briefs High Courts

‘Judges must not tarnish image of the Judiciary’; Bombay High Court upholds removal of Civil Judge

“Judges, while discharging their functions, exercise the sovereign judicial power of State, and hence standards expected to be maintained are of highest nature”

Case Briefs High Courts

Allahabad HC partially sets aside arbitral award; Says Arbitrator’s dangerous precedent undermines sanctity of contracts and trust in arbitration

Arbitral proceedings are not cricket matches, where hitting beyond the boundary is usually rewarded

Case Briefs Tribunals/Commissions/Regulatory Bodies

Maternity leave cannot be denied during probation period : Maharashtra Administrative Tribunal

Period of probation should not be an obstacle in the seniority of a woman who wants to be a mother

Case Briefs High Courts

A Will must be the product of free volition; Conscience of the Court must be satisfied when genuineness of Will is questioned, says Bombay High Court

“When the genuineness of a Will is called into question, the conscience of the Court has to be satisfied that the Will is not only executed and attested in the manner required, but also that the same was the product of free volition of the executant.”

Case Briefs High Courts

Adultery is a ground for divorce, and not a ground for refusal to grant child custody: Bombay HC

The Court, relying on several precedents, held that despite the proof of allegations regarding the wife’s extramarital affairs, custody of minor children can be granted to the wife.

Case Briefs High Courts

Bombay HC quashes criminal case against Raj Thackeray over 2008 stone pelting incident

Aurangabad bench of Bombay High Court set aside orders refusing Thackeray’s discharge in case of abetment of violence

Events/Webinars News

‘India is changing’, ‘Criminal laws direct the moral arch of the nation’: CJI at the conference on India’s Progressive Path in the Administration of Criminal Justice System

In the inaugural address delivered by Dr. DY Chandrachud, Chief Justice of India, he said that the new three new criminal laws are the watershed moment for our society, because no law affects the day-to-day conduct of our society like criminal law.

Case Briefs High Courts

3 years practice or 70% marks in bachelor’s degree mandatory for Civil Judge exam: MP High Court upholds validity of amendment in MP Judicial Service Rules

“The language used in the instant amendment is neither ambiguous nor calls for any interpretation. The expression used in the amendment is clear and cogent.”

Case Briefs High Courts

Bombay HC denies interim relief to filmmaker Ramesh Sippy in inheritance claim on 27 cinematograph films, 500 shares in Sippy Films & Mumbai flat

The Court found no substantial evidence to exercise discretion in favor of Ramesh Sippy’s inheritance claim.