Editor, Author at SCC Times

Guilt not established beyond reasonable doubt and to the satisfaction of the judicial conscience; Allahabad High Court acquits acid attack convict

Allahabad High Court said that the Trial Court has erred in scrutinising and analysing the evidence on record and the finding in respect of the guilt of convict is perverse and not according to the law. Therefore, it granted benefit of doubt to the convict on the ground of rule of caution.

Case Briefs Supreme Court

Including parole period while determining 14 years’ actual imprisonment for premature release may lead to influential persons applying for multiple paroles: SC

Supreme court has upheld a decision by the Bombay High Court that the period of parole should be excluded from the period of the sentence when considering 14 years of actual imprisonment for the purpose of premature release of convicts.

Case Briefs Foreign Courts

Court of Appeal | Application of Principle of Separability requires a legally binding arbitration agreement

The Court of Appeal upheld the decision of the High Court setting aside the arbitral award observing that the application for the Principle of Separability requires a binding arbitration agreement.

Case Briefs Tribunals/Commissions/Regulatory Bodies

UPRERA interprets Section 2 (zk) of RERA Act; upholds Saya Cementation Ltd. as a Promoter in ‘Oh My God’ project

“The request of Saya Cementations to be the promoter of the project along with Alisa Infratech to comply with all the pending and forthcoming obligations jointly and severely under the rules and regulations of the RERA Act was accepted by the Authority”

Case Briefs High Courts

Madras High Court directs authorities to impose strict laws on consumption and distribution of alcohol and to curtail accessibility of alcohol, especially to younger generation

Statutory warnings are intended to instill a sense of fear, but they have had very little effect on human attitudes and behaviour towards alcohol consumption. It is also a sorry state of affairs that persons under 21 years, who are specifically prohibited from drinking alcohol, are in fact addicted to it. Therefore, it is incumbent on the State Government to reduce alcohol dependence and addiction as a public health measure by restricting and effectively regulating its sale and consumption.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT refuses to grant interim relief to Google; directs to deposit 10% of ₹ 936 crore penalty

National Company Law Appellate Tribunal, New Delhi: While deciding an appeal filed against the Competition Commission of India's (CCI) order imposing a

Case Briefs High Courts

Karnataka HC | Memorandum of settlement arrived during divorce proceedings cannot be questioned on the ground of husband’s re-marriage, unless an element of fraud is involved

The Karnataka High Court strictly admonished the petitioner for abusing every jurisdiction of law but refused to impose exemplary costs as the same would only increase the agony of the petitioner, whose marriage was annulled albeit with consent.

Case Briefs District Court

Haryana Court | Right to earn in consideration of work done under an employment is an essence covered by Article 21 of the Constitution of India

Vikrant J. recorded that when the benefit of two ACPs was granted to the plaintiff after the completion of 10 and 20 years of service respectively, there is no justification for not granting him the benefit of 3rd ACP after the completion of 30 years of satisfactory service before retirement.

Case Briefs Supreme Court

Assessee not liable to pay interest tax on the interest component imbedded in the hire-purchase instalment; Supreme Court upholds ITAT order

The Supreme Court observed that taxation depends upon the language of the charging section and what is brought to tax within the four corners of the charging section.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Adjudicating Authority is obligated to give direction for liquidation only when CoC’s decision is in accordance with IBC: NCLAT

In the instant matter, an appeal was filed challenging NCLT's order directing the CoC to reconsider its decision. Upholding the NCLT's order, the Tribunal held that when the CoC's decision for liquidation is in accordance with IBC, then only NCLT's obligation to direct liquidation will arise.

Legislation Updates Notifications

RBI modifies BASEL III Capital Regulations- Eligible CRAs

On 9-1-2023, the Reserve Bank of India (‘RBI') modified the Master circular on Basel III Capital regulations revising the list of the

Case Briefs High Courts

Bombay High Court | Denial by wife to go through DNA test in order to prove legitimacy of child not a sufficient ground to draw adverse inference against the wife

Bombay High Court: In a petition filed by the husband challenging on the ground of legitimacy of the child born from wedlock,

Legislation Updates Notifications

Goa Government notifies Goa Drone Policy, 2022

On 5-1-2023, the Government of Goa notified the Goa Drone Policy, 2022 recognizing the potential of the drone sector and foreseeing the

Case Briefs High Courts

Delhi High Court dismisses petition of the student seeking admission under the ‘Disadvantaged Group Category’ for the academic year 2021-2022 and 2022-2023

The Court held that the student cannot be granted admission in primary school for the academic year 2023-24 based on allotment letter issued for the academic sessions 2021-22 and 2022-23

Case Briefs High Courts

Delhi High Court dismisses Dabur’s plea of restraining Advertising Standards Council of India from taking down advertisement of ‘Dabur Vita’

The Delhi High Court dismissed Dabur's plea of passing an interim direction to stay the order of Advertising Standards Council of India and held that Dabur's product ‘Dabur Vita' was violating advertisement code.

Case Briefs High Courts

Calcutta High Court dismisses plea by Kamal Nath, Former Madhya Pradesh Chief Minister challenging transfer of IT proceedings from Kolkata to New Delhi

In a high profile case involving senior Congress leader and former Madhya Pradesh Chief Minister Kamal Nath, challenging the order of transfer of proceedings by Income Tax Department involving several transactions of large scale collection of illegal money, the Court opined that (i) there is no absolute right to be assessed in a particular territory and (ii) the inconvenience of assessee has to be balanced against department's right to carry its functions and scope of judicial review is limited.

Case Briefs High Courts

Whether excess amount liable to be recovered from the beneficiary Government employee where the actual medical expenditure is more than the approved rates? Delhi High Court rules

Justice CD Singh expressed his deep dismay as to how a petition seeking reimbursement for only Rs. 51, 824/- has been pending since 16 years, and is being vehemently contested by the GNCTD.

Legislation Updates Notifications

SEBI notifies limited relaxation on Reg 58 of SEBI (LODR) Regulations, 2015

On 5-1-2023, the Securities and Exchange Board of India (‘SEBI') has notified a limited relaxation on Regulation 58 of SEBI (Listing Obligations

Case Briefs High Courts

Delhi High Court acquits a man who faced trial for 15 long years without proper legal representation

Absence of cross-examination of witnesses resulted in gross miscarriage of justice. The omission of fair and proper trial is not only a violation of fundamental principles of judicial procedure and constitutional mandate but is also a violation of mandatory provisions of Section 304 CrPC

Case Briefs Supreme Court

SARFAESI Act recoveries with respect to the secured assets to prevail over the recoveries under the MSMED Act: Supreme Court

The Supreme Court considered the provisions of Section 15 to 23 read with Section 24 of the MSMED Act and the provisions of SARFAESI Act and stated that there is no repugnancy between the two enactments and no conflict between the specific subject of ‘priority' . It, hence, upheld the subsequent enactment of law with non-obstante clause in SARFAESI Act over MSMED Act.