Editor, Author at SCC Times

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.

Case Briefs High Courts

‘Objections under S. 47 CPC are applicable only to execution of decrees not maintainable against arbitral awards’; Allahabad HC imposes Rs 5 lakhs cost on State

“Imposition of costs in cases of frivolous litigation is essential to maintain the integrity, efficiency, and fairness of the judicial system. By deterring abuse of the legal process, promoting judicial efficiency, and upholding the principles of fairness and justice, cost imposition serves to safeguard the rights of individuals, protect the integrity of the legal system, and bolster public confidence in the administration of justice.”

Case Briefs High Courts

Admissions and jobs based on 10% reservation to Maratha under SEBC, subject to final outcome of pleas challenging Maharashtra Reservation Act: Bombay HC

The Act grants 10 percent reservation to the Maratha community under the Socially and Educationally Backward Class (SEBC) category. A report of MSBCC cited ‘exceptional circumstances and extraordinary situations’ for surpassing the total reservation limit of 50 percent.

Case Briefs High Courts

Man fakes own death to claim insurance after allegedly murdering neighbor : Bombay HC refuses to grant bail

To avail the benefit of insurance policy of Rs.1,50,00,000/-, an innocent person was killed to portray that the accused had met with an accident and in the said accident, the car in which the accused was travelling caught fire and got burnt.

Case Briefs High Courts

[Special Law v. General Law] Bombay HC deciphers interplay between IPC and IT Act in punishing for overlapping offences

“For a special statute, such as the IT Act, to override the general law, such as the IPC, the ingredients of the offence under both laws must be the same. If any ingredient of an offense under the IPC is missing in the act made punishable under the special statute, the IPC will not be excluded, and it can still be resorted to.”

Case Briefs High Courts

Convicts under MCOCA can’t be excluded from availing the benefits of 2006 State Remission Policy: Bombay HC

The High Court held that Arun Gawli is entitled to the benefits flowing from the State Remission Policy dated 10-01-2006, which was prevailing on the date of his conviction.

Case Briefs High Courts

‘Shocking and Astounding order’; Bombay HC quashes CGIT’s order reinstating employee who slapped supervisor

The Court found it shocking that the CGIT did not find the act of an employee slapping his supervisor without provocation to be serious, and such misconduct ought to be visited with penalty of termination.