Editor, Author at SCC Times

Case Briefs Supreme Court (Constitution/Larger Benches)

Eknath Shinde v Uddhav Thackeray| SC Constitution bench reserves order on question of reference of 5-judge bench ‘Nabam Rebia’ verdict to a 7-judge bench

The Supreme court while considering the plea posed by Senior Advocate Kapil Sibal appearing on behalf of Uddhav Thackeray faction seeking reference of the Nabam Rabia judgment reserved its order dated 16-02-2023.

Case Briefs High Courts

Court cannot interfere with the enforcement of a bank guarantee except cases where fraud or special equity is prima facie made out so as to prevent irretrievable injustice: Delhi High Court

A Single Judge Bench of Chandra Dhari Singh, J. disposed of the petition and restrained from invoking/encashing the bank guarantee.

Case Briefs High Courts

Tribunals have no authority to issue instructions determining dress code for appearance of Advocates: Madras High Court

Madras High Court reiterated that wearing “gown” is only optional and not mandatory before any Courts other than the Supreme Court or the High Courts. Thus, it held that the order of the National Company Law Board imposing a dress code for Advocates for appearance before the Tribunal is without authority and hence, illegal.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Deduction of TDS itself is not sufficient to conclude the transaction: NCLAT

While dismissing the appeal challenging the order of Adjudicating Authority which dismissed a S. 7 IBC application on the ground of want of limitation, the Tribunal held that there is no question of going into the merits of the case and the application is barred by limitation.

Events/Webinars News

Live | First edition of Delhi Arbitration Weekend 2023 [16-19 February, 2023]

DAW-2023 : Unlearn, relearn and reflect better over emerging challenges, trends and traditions in the sphere of domestic and international arbitration

Appointments & Transfers Know thy Judge News

Justice Sonia G. Gokani takes oath as First Woman Chief Justice of Gujarat High Court

In a historic moment for Gujarat High Court, today Justice Sonia G. Gokani took oath as the High Court’s First Woman Chief Justice. The Supreme Court Collegium recommended as her name for the post stating that her elevation will bring a sense of inclusion and facilitate representation.

Case Briefs Supreme Court

‘Amount deposited with the Registry should be deposited with banks to avoid loss’; Supreme Court asks Courts/Judicial Forums to frame guidelines

In a builder-home buyers’ dispute, the Supreme Court agreed with the builder ‘s argument that the rule embodied in Order XXI, Rule 4 of CPC, was applicable and the builder could not be fastened with any legal liability to pay interest after April 2005. The bench further opined that all courts and judicial forums should frame guidelines in cases where amounts deposited with the office or registry of the court or tribunal, should mandatorily be deposited in a bank or some financial institution, to ensure that no loss is caused in the future.

Case Briefs High Courts

Delhi High Court finds no ground for interference as reappreciation of evidence is beyond the scope of Section 37 Arbitration Act

The scope of a challenge under Section 34 Arbitration and Conciliation Act, 1996 and Section 37 of the Arbitration Act, 1996 is limited to the grounds stipulated in Section 34 Arbitration Act.

Op Eds OP. ED.

Supreme Court’s Tale of Strength

The discourse around judicial vacancies and 7 new Supreme Court appointments have created quite a curiosity regarding the workings of the Supreme Court. With the Supreme Court now functioning at its full sanctioned strength, there is however, an interesting history of this Sanctioned Strength- (hint: it was not always 34!)

Legislation Updates Rules & Regulations

SEBI introduces Chapter VIB on Obligations of Investment Managers vide SEBI (InvIT)(Amendment) Regulations, 2023

On 14-2-2023, the Securities and Exchange Board of India (‘SEBI’) issued the SEBI (Infrastructure Investment Trusts) (Amendments) Regulations, 2023 to amend the

Case Briefs Supreme Court

‘Additional Special Road Tax not manifestly unjust’; Supreme Court upholds validity of Section 3A (3) of Himachal Pradesh Motor Vehicles Taxation Act, 1972

The State of Himachal Pradesh had appealed against the High Court’s decision which held Section 3A (3) of Himachal Pradesh Motor Vehicles Taxation Act, 1972 as ultra vires of the powers conferred upon the State Government under the Constitution of India. The Supreme Court set aside the said judgment of Himachal Pradesh High Court upholding the validity of Section 3A (3) and related notifications.

Case Briefs High Courts

‘Great risk involved in witnesses evidence based on pure memory’; Ingredients of Section 50 of Evidence Act not satisfied: Jharkhand High Court

While dealing with an appeal in a Title suit for partition, Jharkhand High Court considered the admissibility of disputed relationship of a mother and son through witnesses lacking ‘special means of knowledge’ as required under Section 50 of the Evidence Act, 1872.

Case Briefs High Courts

Can a foreigner claim right to be appointed as a guardian under National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Rules, 2000? Delhi High Court answers

The mere usage of the word “parent”, “relative” or “any person” in Section 14 of National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities Act, 1999 does not convince this Court to conclude that a non-citizen could also claim a right to be appointed as a guardian of a person with a disability. Neither of those three expressions can be possibly understood as constituting a legislative intent to recognise foreign nationals as being entitled to be appointed as guardians.

Legislation Updates Rules & Regulations

CBDT revises Income-tax Return Form ITR-7 vide Income-tax (Second Amendment) Rules, 2023

On 14-2-2023, the Ministry of Finance notified the Income-tax (Second Amendment) Rules, 2023 to amend the Income-tax Rules, 1962 (‘IT Rules). The

Case Briefs Tribunals/Commissions/Regulatory Bodies

Debt and default are sine qua non and only condition for admitting S. 7 IBC application: NCLAT

While hearing an appeal challenging an impugned order passed by the Adjudicating Authority dismissing a S. 7 IBC application on the ground that the appellant was not able to establish debt and default, the Tribunal held that it is clear from the facts and circumstances the definition of debt and default is rightly established by the appellant and the Adjudicating Authority has committed a patent error while passing the impugned order.

Case Briefs High Courts

Delhi High Court| A legal representative with conflicting interest with that of the deceased cannot be permitted to represent the estate of the deceased

The relief claimed in the present suit by Late Shri S.K. Beri was specifically against Deepak Beri and his family members. Deepak Beri has contested the suit by filing a written statement controverting the averments made to the plaint and seeking dismissal of the present suit.

Case Briefs District Court

[Medical Negligence] FIR cannot be registered on complaint guided by unsubstantiated assumptions only to satisfy discontentment with the treatment of child; Tis Hazari Court sets aside Trial Court’s direction

In a medical negligence case, the Tis Hazari Court held that since there was no justifiable reason to assume that the doctor committed any offence into the allegations made by the complainant, no FIR could be registered on the whims and fancies of the complainant guided by unfounded and unsubstantiated assumptions only to satisfy his discontentment with the treatment of his child.

Case Briefs High Courts

Women cannot commit rape, but if she facilitated the act of rape with a group, she may be prosecuted for gang rape: Allahabad High Court

Allahabad High Court held that a woman can also be held guilty of sexual offences and can also be held guilty of gang rape if she has facilitated the act of rape with a group of persons.

Case Briefs High Courts

‘Procedural difficulties may affect quantum of compensation, not validity of land acquisition’; Bombay High Court refuses to interfere with proceedings of land acquisition

Bombay High Court refused to exercise its discretionary powers under Article 226 of Constitution of India keeping in view that the Bullet Train Project is an Infrastructural Project of national importance.

Case Briefs Supreme Court

SC Constitution Bench| Eknath Shinde v Uddhav Thackeray: Uddhav Thackeray faction seeks a 7-judge bench reference to reconsider 5-judge ‘Nabam Rebia’ verdict

Senior Advocate Kapil Sibal went on to argue that the ‘rebel’ MLA’s action was a misuse of the Nabam Rebia principle as this could mean that the disqualification proceedings could be stalled by merely sending a notice seeking the Speaker’s removal. He placed heavy reliance on Article 179 and 181 and the 10th Schedule of the Constitution of India. The hearing before the Supreme Court will continue tomorrow i.e., 15-02-2023.