Editor, Author at SCC Blog

Madras High Court directs Union to consider passport application of Srilankan refugees’ daughter

Madras High Court permitted Srilankan refugees’ daughter to apply for passport under Section 20 of the Passports Act and directed the Central Government to consider her application and pass order.

Hot Off The Press News

WhatsApp v Right to Privacy: Supreme Court directs WhatsApp to publicize its May 2021 undertaking; to hear petition in April 2023

Supreme Court took note of an undertaking given to the Ministry of Electronics and Information Technology, Government of India, on 22-05-2021, WhatsApp had given the undertaking its users in India who have not yet accepted the 2021 privacy policy would not face any disruptions in using the application. It also directed WhatsApp to abide by the undertaking till next date of hearing.

Case Briefs High Courts

Non-Applicant does not have a locus-standi to challenge appointment of Junior Assistants for being a stranger; Madras High Court rejects petition

The recruitment process to any public post should be conducted in a fair and transparent manner. If the candidates are selected by any criterion other than merit and efficiency, the public authority will suffer for all the times to come. It is in the public interest that the process of selection and appointment should be transparent to make it foolproof from corrupt practices.

Case Briefs High Courts

Rehabilitation cannot be rejected to jhuggi dwellers only on the ground that their names are not in the voter list: Delhi High Court

The Delhi High Court held that rehabilitation could not be rejected to jhuggi dwellers only on the ground that their names were not in the voter list and the Court further held that the Appellate Authority would have to consider all other documents as well before arriving at a conclusion as to whether the jhuggi dwellers were entitled to rehabilitation or not.

Legal RoundUp Legislation Roundup

LEGISLATION JANUARY 2023 ROUND UP| 18 + Stories on National Green Hydrogen Mission; MCA notifications; IFSCA Regulations on Appointed Actuary; Renewal of registration certificate of Govt. Vehicles and many more

Union Cabinet Cabinet approves National Green Hydrogen Mission The Union Cabinet has approved National Green Hydrogen Mission. The initial outlay for the

Case Briefs High Courts

Why Delhi High Court upheld the award of damages passed by Single Judge on account of mental agony and harassment in the case of a commercial contract?

All that the respondent wished for was a better roof over the head of his family. It was for this objective that the collaboration agreement was devised, but the appellant subjected the respondent to undue harassment on account of his illegal designs which led to the registration of the FIR, and the respondent had to run from pillar to post due to the direct acts of the appellant. Such circumstances do warrant awarding of damages on account of mental agony and harassment.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | IBC overrides Limitation Act; Delay beyond period of 45 days cannot be condoned

While adjudicating an appeal file with a delay of 55 days, the Tribunal held that S. 238 IBC overrides S. 12 of the Limitation Act, 1963 and therefore this Tribunal does not have power to condone a delay beyond a period of 45 days.

Case Briefs High Courts

Delay cannot be condoned under Payment of Gratuity Act by taking the aid of the provisions of Limitation Act

Kerala High Court perused Section 29(2) of the Limitation Act, 1963 and Section 7(7) of the Payment of Gratuity Act, 1972 and held that the authority under the Payment of Gratuity Act cannot condone the delay in filing an appeal by entertaining an application under Limitation Act.

Legislation Updates Notifications

SEBI clarifies on Transaction in Corp Bonds via Request for Quote Platform by AIFs

On 1-2-2023, the Securities and Exchange Board of India has issued a circular on Transaction in Corporate Bonds through Request for Quote

Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

Tribunal, Regulatory Bodies and Commissions Monthly Roundup | January 2023 | 25+ Legal Stories including no relief in CCI penalty on Google, TDS deduction and interest on securities, high-level committee for Yamuna pollution, no clean chit to DLF, and more

APPELLATE TRIBUNAL FOR ELECTRICITY (ATE) Bureau of Energy Efficiency takes suo motu verification test on a sample refrigerator of Whirlpool India and

Case Briefs High Courts

Delhi High Court directs Government to issue a circular for non-disclosure of identity of the minor seeking medical termination and her family in the report of registered medical practitioner to police

The Delhi High Court directed the Government to issue a circular to the effect that in case of any minor’s guardian or family approaching any Registered Medical Practitioner (RMP) for termination of pregnancy of the minor, the identity of the minor, guardian, or the family, should not be disclosed in the RMP’s report to the police, if a request to that effect was made by the guardian or the family to the RMP.

Hot Off The Press News

Union Budget 2023-24 Highlights: What’s in bag for middle-class?

On 1-02-2023, the Union Finance Minister, Nirmala Sitharaman announced the Union Budget 2023. The budget is particularly focused upon inclusive development, especially

Case Briefs District Court

Lucknow Court signs release order of Siddique Kappan after being granted bail for offences under PMLA and UAPA

Sessions Court, Lucknow: In a case filed by the Enforcement Directorate against Kerala journalist Siddique Kappan, who was incarcerated under the Unlawful

Case Briefs High Courts

Punjab and Haryana High Court | Non-Domicile Candidates not entitled to 33% reservation for women under Punjab Civil Services Rules, 2020

The Court acknowledged the Punjab Government’s intention to grant 33% reservation to the women of the ‘State of Punjab’ in direct recruitment of Group-A, B, C and D posts.

Case Briefs High Courts

Magistrate cannot summon accused on a printed proforma without assigning any reason nor can take cognizance on police report without applying judicial mind, Allahabad High Court reiterates

Allahabad High Court remitted back the matter to the Magistrate and directed him to decide afresh the issue for taking cognizance and summoning the applicants and pass appropriate orders in accordance with law.

Cases Reported SCC Weekly

2023 SCC Vol. 1 Part 4

Arbitration and Conciliation Act, 1996 — Ss. 20 and 42 r/w S. 2(1)(e) — Jurisdictional seat of arbitration once fixed under S.

Hot Off The Press News

Supreme Court Collegium recommends two more names for appointment as SC Judges, against the two remaining vacancies

The Collegium recommends two more names of Justice Rajesh Bindal, Chief Justice, Allahabad High Court and Justice Aravind Kumar, Chief Justice, Gujarat

Case Briefs High Courts

Bombay High Court| Procedure of constitution of the Arbitral Tribunal is overshadowed by MSMED Act, but does not eclipse the agreement between parties in case of exclusive jurisdiction

Bombay High Court: In a petition filed by Gammon Engineers & Contractors Pvt. Ltd. under Section 34 of the Arbitration Act, 1996

Case Briefs High Courts

‘Societal interest & purity in politics need to be balanced’; Kerala High Court suspends Lakshadweep MP, Mohammed Faizal’s conviction

Kerala High Court suspended Lakshadweep MP, Mohammed Faizal’s conviction and sentence of imprisonment until the disposal of appeal against the decision of Sessions Court

Case Briefs High Courts

Can Indian revenue authorities go after tax residency certificate issued by other tax jurisdiction and issue a re-assessment notice u/s 147 Income Tax Act? Delhi High Court rules

A clarificatory press release dated 1-03-2013 issued by the Finance Ministry pursuant to the 2013 amendment makes it clear that a Tax Residency Certificate is to be accepted and tax authorities cannot go behind it. Further, based on repeated assurances to foreign investors by way of CBDT Circulars as well as press releases and legislative amendments and decisions of the Courts, the revenue cannot go behind TRC.