Editor, Author at SCC Times

Master Direction Asset Reconstruction Companies

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.

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