Editor, Author at SCC Times

‘Computation of 25% students strictly in compliance with S. 12(c) RTE Act’; Gujarat HC dismisses PIL against Gov. Resolution

The instant petition was filed at the verge of commencement of the admission process in the schools in the State and seems to be a result of pre-empting the whole issue.

Case Briefs High Courts

[Death by Suicide] Allegations were general and omnibus in nature; Bombay High Court acquits husband due to insufficient evidence

To attract the charge of Section 306 of the Penal Code, the prosecution must establish incitement, instigation, aiding, or abetment to commit suicide.

ICJ Germany military assistance Israel provisional measures

Case Briefs International Courts

ICJ rejects Nicaragua’s application requesting provisional measures to stop German military aid to Israel amidst the current Gaza Conflict

The Court was of the view that Nicaragua failed to show that Germany’s impugned conduct posed an imminent threat of irreparable prejudice to the rights of Nicaragua.

Case Briefs High Courts

Know why Allahabad HC restrained two advocates from entering Prayagraj District Court and prohibited them from practicing law within the State

“Instances of this kind pose a serious challenge to the very functioning of the judicial system and the incident has to be viewed seriously”

Case Briefs High Courts

Bombay HC falls short of words to describe “mental, psychological and physical state of the victim” while rejecting bail for sexually abusing child for 9 years

Due to the horrendous nature of crime committed by the applicant, the victim, a 17-year-old child, turned into a nymphomaniac.

Foreign Legislation Legislation Updates

Monetary Authority of Singapore introduces new Regulations under Securities and Futures Act for Corporate Governance of approved entities

The Regulations define components relevant to the corporate governance regulation of Approved Exchanges, Clearing Houses, Licensed Trade Repositories, and Holding Companies considering security futures.

Case Briefs High Courts

Bombay High Court directs State to provide information regarding effective implementation of Prohibition of Manual Scavengers Act, 2013

At present, as phase one, Bombay High Court directs that information be called from the Municipal Corporation of Greater Mumbai, Thane Municipal Corporation, Kalyan-Dombivali Municipal Corporation and MiraBhayander Municipal Corporation.

Case Briefs High Courts

Can a married couple seek parenthood under Assisted Reproductive Technology (Regulation) Act, 2021 despite age constraints for one partner? Calcutta HC answers

“Section 21(g) makes no difference between a woman who approaches a clinic for taking resort to such technology individually and a woman who is one of the spouses of a commissioning couple approaching a clinic for similar purposes.”

Case Briefs High Courts

Bombay High Court upholds Cadbury’s termination decision for not being ‘employee’ under MRTU and PULP Act

Both Labour as well as Industrial Court have concurrently held that apart from performing supervisory nature of duties, the petitioner did not himself perform any manual, skilled, unskilled or clerical work.

Legal RoundUp

Bail or Jail | A quick view of top Bail cases in April 2024

A quick recap of Bail cases passed by the Supreme Court and High Courts in the month of April 2024 along with some top stories on Arvind Kejriwal seeking Interim Bail; Puthiyakavu Temple blast; and more.

Case Briefs High Courts

Read why Allahabad HC directed UGC to circulate its guidelines on reform programmes dealing with student misconduct, to all Universities

“Last fetters of colonial legacy which had constrained the Indian educational policy and condemned Indian students have been cast aside by the UGC and the BHU. Reform programmes are liable to imbibe noble ideals and strength of character that insulate students from toxic influences and deter them from deviant actions.”

Master Direction Asset Reconstruction Companies

Legislation Updates Notifications

Reserve Bank of India issues Master Direction to Asset Reconstruction Companies

Reserve Bank of India issues Master Direction to ensure prudent and efficient functioning of Asset Reconstruction Companies

Law made Easy

Paradigm Shift in India’s Criminal Justice System: Dissecting Bharatiya Sakshya Adhiniyam, 2023

The BSA represents a landmark moment in India’s legal landscape, signalling a shift towards modernization and the digital era. It replaces archaic terminologies, expands the admissibility of evidence, and embraces technology.

Case Briefs Foreign Courts

Supreme Court of Appeal of South Africa restores conviction of man accused of raping his love interest

The Court held that ‘act of sexual penetration’ meant that one party must agree/ consent to engage in a particular act of sexual penetration with another, in light of Section 3 of the Sexual Offences Act.

Case Briefs High Courts

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.

Foreign Legislation Legislation Updates

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.”

Foreign Legislation Legislation Updates

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.