Editor, Author at SCC Blog

Disinvesting of Hindustan Zinc Ltd.; SC smells irregularities in bidding process, directs full-fledged CBI enquiry in the matter

“There is a trend of poorly pleaded public interest litigations being filed instantly following a disclosure in the media, with a conscious intention to obtain a dismissal from the Court and preclude genuine litigants from approaching the Court in public interest.”

Legislation Updates Statutes/Bills/Ordinances

Cryptocurrency and Regulation of Official Digital Currency Bill, 2021 to be introduced in Parliament’s winter session; could bar private cryptocurrencies in India

The Central Government has proposed to introduce the Cryptocurrency and Regulation of Official Digital Currency Bill, 2021 in the upcoming winter session

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Existence of Dispute prior to issuance of Demand Notice-NCLT and NCLAT in rhythm, rejects appeal

National Company Law Appellate Tribunal (NCLAT): The Coram of Ashok Bhushan, J (Chairperson), Jarat Kumar Jain, J (Judicial) and Dr Ashok Kumar

Case Briefs High Courts

Ker HC | “Mere abusive, humiliating or defamative words by itself cannot attract an offence of obscenity under Section 294 (b) of IPC”; HC quashes proceedings against person who allegedly harassed the Police

Kerala High Court: Mohammed Nias C.P., J., quashed the proceedings against the petitioner for obstructing a police officer from performing his duty.

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | Relents unrelentingly | Tribunal concerns and the concerns of the concerned counterbalanced- 4 weeks and 2000 crore, to lift attachment order while withdraws for some on exigencies and age

Securities Appellate Tribunal, Mumbai (SAT): The Coram of Tarun Agarwala, J (Presiding Officer) and M.T. Joshi, J (Judicial Member), while withdrawing the attachment

Op Eds OP. ED.

Dealing with Non-Performing Assets: Analysing Bad Bank as a Solution

by Deepanshi Gupta*and Aadesh Shinde**

Case Briefs High Courts

Sikk HC | Prosecution not able to establish beyond a reasonable doubt that the Appellant was the perpetrator of rape of the minor; acquits accused

Sikkim High Court: The Division Bench of Meenakshi Madan Rai and Bhaskar Raj Pradhan, JJ., allowed an appeal which was filed in

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Exception granted for gifting shares in an acquisition| Proposed acquirer to file report within 21 days post-acquisition

Securities and Exchange Board of India (SEBI): S.K. Mohanty, Whole Time Member, while deciding an order, granted exemption to the Anived Family

Op Eds OP. ED.

Determination of Attachment and Sale of Life Insurance Policy for Execution of Decree against Judgment-Debtor

by Love Kumar Gupta*

Case Briefs High Courts

MP HC | Sub committee submits its report and recommendations regarding upgradation of Forensic Science Department; Court ratifies

Madhya Pradesh High Court: As per the order dated 02-09-2021 the Court had passed a detailed while raising an expectation from the

Op Eds OP. ED.

A Regulatory Approach to Cross-Border Transactions through Cryptocurrency in India

by Meenal Garg*

Case Briefs High Courts

[MTP Act] Infringement of fundamental right to life of the victim heavily outweighs the right to life of the child in womb; Ori HC refuses to terminate 24+ week pregnancy of a rape victim

Orissa High Court: S. K. Panigrahi, J. disposed of the petition and refused to terminate 24+ week pregnancy of a rape victim.

Case Briefs High Courts

Ori HC issued directions regarding doctors being attached to Government Health Facilities and carrying on private practice without attending their duties at the Government Health Facilities

Orissa High Court: A Division Bench of S. Muralidhar, CJ and A. K Mohapatra, J., issued directions regarding Doctors being attached to

Op Eds OP. ED.

The Legality of Remand after Completion of Investigation and before Taking Cognizance

by Gaurav Thote*

Case Briefs Foreign Courts

Consumer’s right to know nutritional value; ECJ holds Dr. Oetkar failed to adequately provide nutritional value for its ‘Crunchy Museli’

European Court of Justice: The Bench comprising of J. Passer (Rapporteur), President, F. Biltgen and N. Wahl, JJ., held that the German

Case Briefs High Courts

Ker HC | Swap Kidney Transplantation between non-relatives; HC removes legal hurdles

Kerala High Court: N. Nagaresh, J., allowed swap kidney transplant between non-relatives. Opining that any law prescribing procedure for organ transplantation should

Case Briefs High Courts

Megh HC | ”Bail and not Jail” Court grants bail to accused charge sheeted for raping own mother

Meghalaya High Court: W. Diengdoh, J., allowed a bail application which was filed under Section 439 CrPC with a prayer for grant

Case Briefs High Courts

J&K and Ladakh HC | “Neither irrational, unreasonable nor arbitrary”; HC holds higher qualification than the maximum qualification prescribed is not suitable qualification

Jammu & Kashmir and Ladakh High Court: The Division Bench of Ali Mohammad Magrey, Sanjay Dhar, JJ., held that in case of

Case Briefs High Courts

Jhar HC | Specific ingredients must clearly asserted in the notice so that the noticee has an opportunity to explain and defend himself in accordance with S. 74 of JGST Act, 2007

Jharkhand High Court: A Division Bench of Aparesh Kumar Singh and Anubha Rawat Choudhary, JJ., allowed the petition and directed the respondents

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | “Gross injustice done is a case of mind set and adhering to old junk system”; Tribunal imposes exemplary cost of Rs. 75,000 on government for not implementing the order of the High Court for about 23 years

Armed Forces Tribunal: The Division Bench of Justice Umesh Chandra Srivastava and Vice Admiral Abhay Raghunath Karve, Member (A) slammed the Union

SCC Blog

Disinvesting of Hindustan Zinc Ltd.; SC smells irregularities in bidding process, directs full-fledged CBI enquiry in the matter

Cryptocurrency and Regulation of Official Digital Currency Bill, 2021 to be introduced in Parliament’s winter session; could bar private cryptocurrencies in India

NCLAT | Existence of Dispute prior to issuance of Demand Notice-NCLT and NCLAT in rhythm, rejects appeal

Ker HC | “Mere abusive, humiliating or defamative words by itself cannot attract an offence of obscenity under Section 294 (b) of IPC”; HC quashes proceedings against person who allegedly harassed the Police

SAT | Relents unrelentingly | Tribunal concerns and the concerns of the concerned counterbalanced- 4 weeks and 2000 crore, to lift attachment order while withdraws for some on exigencies and age

Dealing with Non-Performing Assets: Analysing Bad Bank as a Solution

Sikk HC | Prosecution not able to establish beyond a reasonable doubt that the Appellant was the perpetrator of rape of the minor; acquits accused

SEBI | Exception granted for gifting shares in an acquisition| Proposed acquirer to file report within 21 days post-acquisition

Determination of Attachment and Sale of Life Insurance Policy for Execution of Decree against Judgment-Debtor

MP HC | Sub committee submits its report and recommendations regarding upgradation of Forensic Science Department; Court ratifies

A Regulatory Approach to Cross-Border Transactions through Cryptocurrency in India

[MTP Act] Infringement of fundamental right to life of the victim heavily outweighs the right to life of the child in womb; Ori HC refuses to terminate 24+ week pregnancy of a rape victim

Ori HC issued directions regarding doctors being attached to Government Health Facilities and carrying on private practice without attending their duties at the Government Health Facilities

The Legality of Remand after Completion of Investigation and before Taking Cognizance

Consumer’s right to know nutritional value; ECJ holds Dr. Oetkar failed to adequately provide nutritional value for its ‘Crunchy Museli’

Ker HC | Swap Kidney Transplantation between non-relatives; HC removes legal hurdles

Megh HC | ”Bail and not Jail” Court grants bail to accused charge sheeted for raping own mother

J&K and Ladakh HC | “Neither irrational, unreasonable nor arbitrary”; HC holds higher qualification than the maximum qualification prescribed is not suitable qualification

Jhar HC | Specific ingredients must clearly asserted in the notice so that the noticee has an opportunity to explain and defend himself in accordance with S. 74 of JGST Act, 2007

AFT | “Gross injustice done is a case of mind set and adhering to old junk system”; Tribunal imposes exemplary cost of Rs. 75,000 on government for not implementing the order of the High Court for about 23 years

Popular on scc online blog

Dishonour of Cheque | Not filling details in cheque, Non-filing of ITR by complainant, Handing over cheque as security, etc.: Delhi Court discards all defence, orders conviction under S. 138 NI Act

Does an arbitration clause in an agreement bar consumer forum’s jurisdiction? NCDRC answers relying on SC decision

If a wife is able to maintain herself and continue with same lifestyle as she was accustomed to in matrimonial home, can she still be granted maintenance? Court deciphers

Law on appointment of arbitrator | What happens if parties fail to agree on arbitrator within 30 days from receipt of request by one party? Del HC explains

If a cheque was issued in favour of complainant, would she still be required to prove loan transaction as she would have been in civil trial recovery? Court explains

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Dishonour of Cheque | Not filling details in cheque, Non-filing of ITR by complainant, Handing over cheque as security, etc.: Delhi Court discards all defence, orders conviction under S. 138 NI Act

[MTP Act] Infringement of fundamental right to life of the victim heavily outweighs the right to life of the child in womb; Ori HC refuses to terminate 24+ week pregnancy of a rape victim

Land Acquisition| Right under Section 5A of 1894 Act to stave off compulsory acquisition cannot be unjustifiably extinguished: SC

Harassment to grab senior citizen’s property | 94-year old father approaches Court stating he doesn’t want his daughter even for one-minute longer: Read Bom HC’s decision

POCSO | Putting penis into mouth will fall under which category – Aggravated Sexual Assault or Penetrative Sexual Assault? All HC answers

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