Editor, Author at SCC Times

SEBI introduces new Alternative Dispute Resolution Mechanism vide ADR Amendment Regulations 2023

On 3-7-2023, the Securities and Exchange Board of India (‘SEBI’) notified the Securities and Exchange Board of India (Alternative Dispute Resolution Mechanism) (Amendment) Regulations, 2023

Case Briefs Supreme Court

Section 180 IPC applies only if the person making a statement refuses to sign it when legally required to do so by a competent public servant: SC

The Court reprimanded the DSP and said that a DSP, ought to know that in terms of Section 162 of Cr.PC, no statement made by a person to a police officer in the course of any investigation, which is reduced to writing, is required to be signed by the person making the statement.

Case Briefs High Courts

Gujarat HC rejects Rahul Gandhi’s plea to stay Conviction in Modi Surname Defamation Case

Rahul Gandhi was sentenced to two years imprisonment for offence under Sections 499 and 500 of IPC for his ‘all thieves have Modi surname’ remark.

Case Briefs High Courts

[Luhri Hydroelectric Project] Himachal Pradesh HC directs DLSA to submit report of muck dumping and damage caused to rock above village Narola

The Court suo motu impleaded the State of Himachal Pradesh as party respondent in the petition.

Case Briefs Supreme Court

Here’s all you need to know about Tandav Web-Series Row as SC directs States to file Status Report of FIRs

The makers and producers of the Amazon web-series ‘Tandav’ were accused of hurting religious sentiments and outraging religious beliefs by inserting controversial dialogues.

Case Briefs High Courts

Orissa HC upholds conviction of a Tantrik for Raping and Trafficking Minor Girl

The Court said that the Trial Court had rightly convicted the appellant under Sections 366, 376(2)(n), 370-A and 506 of the IPC, as it was successfully established by the Prosecution that the victim was a minor and the statement of the victim was clear, cogent, trustworthy.

Case Briefs Supreme Court

[Raw Pet-Coke Allocation]: Supreme Court dismisses appeal by Sanvira Industries against Delhi HC’s Decision

The allocation of quantities of Raw Pet-Coke (‘RPC’), a residue of the leftover from the refining of petroleum products and sand crude as well as other heavy oils was in issue in the present appeals.

Case Briefs High Courts

Meghalaya High Court quashes plea of a Military engineer against her transfer order on the grounds of her minor children

The Court said that petitioner was always aware that her job was transferable and had no cogent grounds to resist the order of transfer.

Case Briefs High Courts

Himachal Pradesh High Court Dismisses Petition challenging Prescribed Age Limit for appointment of Assistant District Attorneys

The Court said that the State Government was well within its powers to carve out exceptions for a particular category of post, in so far as the prescription of age limit by direct recruitment to a was concerned.

Case Briefs High Courts

Orissa HC quashes Criminal Proceedings against OTV Journalist Accused of Dissuading Public from Availing Covid 19 Treatment

The Court said that continuation of such criminal case against the Petitioner, who is an Input Editor of OTV, was likely of having a chilling effect on freedom of the Press.

Case Briefs Foreign Courts

England and Wales High Court of Justice strikes out Breach of Duty Claim against YZMA Director

The allegations against the defendant related to breach of fiduciary duty, trust and statutory duties he owed as director of YZMA.

Case Briefs High Courts

Selection of Auditors for Cooperative banks: Himachal Pradesh High Court upholds NABARD’s guidelines

Himachal Pradesh High Court said that to assist the respective State Governments to choose the right persons to conduct statutory audits, the NABARD had issued the impugned letter prescribing broad guidelines

clarifications of previous law retrospective

Case Briefs Supreme Court

Clarifications, Amendments, Explanations of any previous Law whether Prospective or Retrospective in Nature? Supreme Court answers

Merely because a provision is described as a clarification or an explanation, the Court is not bound by the said statement in the statute itself but must proceed to analyse the nature of the amendment.

Op Eds OP. ED.

Judicial Innovation and Digital Divide: Promoting Access to Justice amidst Rising Inequality

by Shubham Pandey* and Dr Uday Shankar**

Case Briefs High Courts

Mother is entitled to Custody of Minor Children after Father’s death, unless declared incompetent or disentitled: Himachal Pradesh HC

The Court said that the right of a mother to have custody of her children is not absolute, but subject to the welfare of her children.

Case Briefs High Courts

[2002 Godhra Riots] Gujarat HC rejects Regular Bail plea of Civil Rights Activist Teesta Setalvad

The Court said that Teesta Setalvad had started her career as journalist and prima facie it seemed that by using victim and witnesses as ladder for her own benefits, she had ultimately reached on to Padmashree to become Member of Planning Commission.

Case Briefs High Courts

Orissa High Court upholds Acquittal of Accused Persons in witchcraft murder case

The Court said that in the case of circumstantial evidence, the links must form a continuous chain and must point unerringly to the guilt of the accused and to no one else.

Case Briefs High Courts

Meghalaya High Court grants bail to HIV Positive Female Accused under NDPS Act

The applicant was an HIV Positive Patient for which she required specialized treatment, thus, the Court decided to release the applicant on bail.

Case Briefs Supreme Court

Purpose of Auction is to give an opportunity to intending bidders to participate and fetch higher realizable value of a property: SC

The process of bidding takes place in a situation where large number of people show their willingness to buy a particular product or a service and auction is a process that involves buying and selling goods and services by offering them for bids, taking bids and selling the item to the highest bidder.

Case Briefs High Courts

Punjab and Haryana High Court: Woman committing suicide in matrimonial home does not itself make husband and in-laws liable under Section 306 IPC

The Court said that without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained.