Editor, Author at SCC Times

Complainant’s refusal to undergo medical exam despite alleging sexual assault weakens prosecution’s case: Delhi HC grants anticipatory bail to accused

The complainant, being a well-educated woman, preparing for Ph.D. entrance, cannot be considered a gullible or uninformed individual, and her conscious refusal to undergo medical examination despite the nature of allegations, is a relevant factor in the investigation.

Case Briefs High Courts

‘Clear case of malfeasance by the Returning Officer’: Uttaranchal HC stays disqualification of Pradhan candidate over toilet location

“Right to contest the elections is a statutorily guaranteed right, and the same cannot be denied in a completely arbitrary manner and which prima facie appears to be illegal.”

Experts Corner Numen Law Offices

Censorship and Films: Silencing the Cinematic Voice

by C. George Thomas* and Ansh Mittal**

Interviews

In conversation with Senior Advocate Manish Kumar Jha: Insights on developments in the legal field and how to navigate through them

Interviewee: Sr. Adv. Manish Kumar Jha¹
Interviewed by Riya Garg²

Op Eds OP. ED.

Balancing Enforcement and Enterprise: A Case Study on M3M’s Substitution of Attached Property under the PMLA

by Divyangna Malik*, Rahul Suresh** and Sankalp Tewari***

Case Briefs High Courts

Employer liable when former employee forced to reveal defamatory termination reasons; Delhi HC directs Wipro to pay damages for defamation

Where the defamatory statement is repeated by the plaintiff while responding to employment inquiries or during job interviews, the defendant’s liability does not stand extinguished. Where the plaintiff has no meaningful choice but to disclose the defamatory rationale to prospective employers, such compelled republication imposes continuing responsibility upon the defendant.

Case Briefs High Courts

Elephant’s survival and right to quality life is above men’s right to use it for religious rites: Bombay HC

The Court stated that the petitioner fails to clarify how Mahadevi elephant was injured, but the likely cause is the placement of a heavy howdrah, which is used to carry people and loudspeakers during processions. This continued treatment is callous and brutal, and elephants do not deserve to be used to ferry weight humans and equipment.

Law Firms News News

CAM advises Transvolt Mobility on US$50 Million Financing Round, Including IFC’s First Global Investment in EV Platform

Cyril Amarchand Mangaldas advised Transvolt Mobility Private Limited.

Case Briefs High Courts

Bombay High Court dismisses PIL in Kolhapuri Chappal GI violation case against PRADA; Upholds proper statutory remedies

“Both the registered proprietors are well equipped to protect their rights flowing from registered GI in Kolhapuri Chappals by bringing action against PRADA, if they believe that PRADA is unauthorisedly using the registered GI.”

Counter vailing duty on machines for areca nuts

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Adjudicating authority cannot go beyond show-cause notice’; CESTAT sets aside order demanding Countervailing Duty on areca nuts processing machines

“Adjudicating authority has travelled beyond the classification proposed in the show-cause notice by classifying the product under a classification which was neither claimed by the appellant nor was proposed in the said notice.”

Case Briefs High Courts

In absence of Waqf Tribunal, Civil Courts have jurisdiction to entertain waqf disputes: J&K and Ladakh HC

“Even in a case where there is an express bar for exercising jurisdiction by the civil courts, the consideration as to the scheme of the statute in question and the adequacy or sufficiency of the remedy provided, is permissible in law.”

Case Briefs High Courts

‘Domestic Violence Act does not distinguish between first and subsequent marriage for maintenance’; Delhi HC upholds Rs 1 lakh per month maintenance

Once the husband had voluntarily accepted the wife and her kids from her previous marriage, he could not subsequently use that as a defence to resist his statutory obligation of paying maintenance.

Op Eds OP. ED.

Assessing “Loss of Profits or Profitability” in Construction Contracts — Evolution through Judicial Narratives

by Sumit Gehlot* and Vaishnavi Agrawal**

Book Releases/Events

Book Release of Corporate Insolvency: The Road to Viksit Bharat – Law, Policy and Practice

GNLU Advanced Certificate Programme in Corporate Governance

Law School News Others

GNLU, Gandhinagar, in collaboration with Excellence Enablers, invites applications for Advanced Certificate Programme on Corporate Governance

Participants completing this three-months course, including successfully complete the course requirements, including assessments and assignments, will be awarded a certificate of completion.

Scope of Liability on partial payment to MSME

Experts Corner Lakshmikumaran & Sridharan

Partial Payments to MSME under Contractual Agreements — Scope of Liability under the MSMED Act

by Yogendra Aldak*, Pranav Mundra** and Balraaj Singh***

Op Eds OP. ED.

The Fallacies of Consent in Arbitration: Dissecting the Group of Companies Doctrine Across Jurisdictions

by Mohit Mishra*

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC takes suo motu cognizance of reported gang rape in a stationary train’s empty compartment in Panipat

The NHRC issued notices to the Chairman, Railway Board, and DGP Haryana, seeking a detailed report about the incident within two weeks, including health status and compensation.

Case Briefs High Courts

‘Entitled to safeguard his privacy’; Bombay HC grants interim relief to Sonu Nigam against impersonation by Sonu Nigam Singh on ‘X’

“Sonu Nigam Singh’s actions could not be considered innocent, and the misrepresentation caused among members of the general public was not a matter of coincidence and thus his conduct was ex facie dishonest and reeked of mala fide.”

Case Briefs High Courts

Mother is natural guardian after father’s death unless proven unfit or adversely interested: Bombay HC

“Merely because grandparents or other relatives had nurtured the child for some period, the natural guardian cannot be denied right of custody of child unless it is shown that welfare of minor would be jeopardise.”