Editor, Author at SCC Times

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.

Case Briefs District Court

Mumbai Court refuses permission for undertrial prisoner to undergo IVF treatment

The Court said that the application was not sustainable as it will affect the trial.

Know thy Judge

Know Thy Judge| Supreme Court of India: Justice Jitendra Kumar Maheshwari

In August 2021, Justice J.K. Maheshwari became the first Chief Justice from Sikkim High Court to be elevated to the Supreme Court.

Case Briefs High Courts

Reasonable and Adequate opportunity required to file reply to Income Tax Notice; Gujarat HC quashes Assessment Order

A show cause notice-cum-draft assessment order was issued on 29-03-2022 to the petitioner at 11:41 a.m. and the petitioner was asked to submit a reply before 23:59 p.m. on the very same day.

Case Briefs International Courts

Singapore International Commercial Court| Refusal to grant extension after repeated non-compliance, does not amount to breach of Natural Justice

“Acausal nexus must be established between the breach of Natural Justice and the award made. An inquiry should be made as to whether the breach was merely technical and inconsequential or whether it has resulted in denial of benefit to the Tribunal to decide on crucial evidences.”

Case Briefs High Courts

Husband-Wife crossed point of ‘No Return’; Gujarat HC upholds Divorce on grounds of Desertion and Cruelty by Wife

The Court said that the parties had reached a stage from where they cannot reconcile themselves, bury their differences and live together forgetting their past as a bad dream.

Case Briefs High Courts

[Section 498-A] Gujarat HC quashes FIR against 86 years old mother-in-law

The Court said that Section 498-A is being rampantly misused by the complainants and all the family members are roped in the complaint only with a view to harass them.

Case Briefs High Courts

[Stay on Look Out Circular] Bombay High Court reprimands party for finalizing itineraries before seeking Court’s leave

The petitioner had to travel to the USA and London to attend a conference and travel arrangements were already made for other attendees.

Case Briefs High Courts

Inter-Faith Marriage by Major Daughter with her own Free Will; Gujarat HC rejects Habeas Corpus plea by Mother

The Court said that it cannot be concluded that the petitioner’s daughter was abducted against her will and that she was being illegally confined.

Case Briefs Foreign Courts

[Boeing 777-212] Singapore Court of Appeal explains role of Courts in evaluating factual vis à vis expert evidence for calculating damages

CoA dismisses appeal against SICC Judge’s decision regarding the calculation of damages for breach of an aircraft purchase agreement.

Case Briefs High Courts

Gujarat High Court issues Notice to State Government and Junagadh Municipal Corporation on plea Opposing Demolition of Dargahs

The petitioner was aggrieved by the illegal and unconstitutional demolitions, contrary to the provisions of the GPMC Act, the Waqf Act, 1995 and the Places of Worship (Special Provisions) Act, 1991.

Case Briefs High Courts

Gujarat High Court quashes Order cancelling firm’s GST Registration for serving cryptic and vague Show Cause Notice

The Court granted liberty to the respondent authorities to issue fresh notice, including the detailed reasons and thereafter to provide reasonable opportunity of hearing to the petitioner.