Editor, Author at SCC Times

Delhi High Court dismisses PIL challenging notification allowing Sikhs to carry Kirpans on flights; says it is a policy decision

The Delhi High Court dismissed a Public Interest Litigation (PIL) challenging the Government’s notification which allowed the Sikh travellers to carry a Kirpan on their person while on domestic flights. The Court further held that the notification was issued after due deliberations and the issue raised was entirely a matter of policy decision.

Authority for Advance Ruling (Karnataka)

Advance Rulings Case Briefs

KAAR | Reverse Charge Mechanism not applicable on reimbursement of expenses on actuals to a whole-time director of the company

KAAR ruled that reimbursement of expenses at actual cost which are incurred by the employee on behalf of the company is not liable to tax and reverse charge mechanism is not applicable on reimbursement of expenses on actuals to a whole-time director of the company who is also an employee of the company.

Case Briefs High Courts

‘Amicable settlement between parties is unwarranted when the serious offence of murder is committed’; Gujarat High Court denies bail

Gujarat High Court while deciding the bail application strikes the balance between personal liberty of accused and seriousness of offences committed.

Legal RoundUp Legislation Roundup

Legislation December 2022 Round Up | Top 16 Stories on Under-17 Women’s World Cup , Registration of regular vehicles into Bharat Series, National Geospatial Policy, SEBI’s Master Circular for FPIs, DDPs and Eligible Foreign Investors, RBI’s Series III & IV Gold Bond Scheme; and more

MINISTRY OF FINANCE CBDT notifies Under-17 Women’s World Cup, 2022 as the international sporting event The Central Government has notified

Case Briefs High Courts

No interference in case of well-founded, unshaken ocular and documentary evidence: Calcutta High Court upholds conviction in Acid Attack case

Calcutta High Court based its ruling on the well settled principle of law that where oral evidence is convincing, reliable and trustworthy, the motive behind the occurrence loses its relevance.

Legislation Updates Rules & Regulations

MoF notifies the Securities Contracts (Regulation) Amendment Rules, 2022

On 2-1-2023, the Ministry of Finance has notified the Securities Contracts (Regulation) Amendment Rules, 2022 to amend the Securities Contracts

Hot Off The Press News

“Statement passed by a Minister cannot be vicariously attributed to the State”; Supreme Court Constitution Bench rules against imposing further restrictions on freedom of speech of Ministers

Supreme Court: A Constitution Bench of S Abdul Nazeer, AS Bopanna, BR Gavai, V Ramasubramanian & BV Nagarathna, JJ, delivered

Case Briefs Supreme Court

Explained | Is land covered under Section 4 of Punjab Land Preservation Act, 1900 a ‘forest land’ under Forest (Conservation) Act, 1980?

“The Supreme Court held that the lands covered by the special orders issued under Section 4 of PLPA have all the trappings of forest lands within the meaning of Section 2 of the 1980 Forest Act and, therefore, the State Government or competent authority cannot permit its use for non-forest activities without the prior approval of the Central Government with effect from 25-10-1980.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Commissioner ought to have followed Supreme Court’s Ranbaxy Laboratories verdict’; CESTAT grants interest on delayed sanction of Refund claim under Rule 5 of CENVAT Credit Rules

“When series of decisions of Constitutional Courts are available then the Principle of Judicial discipline cast a duty on me to follow those and nothing else”, observed the Tribunal.

Case Briefs High Courts

State must follow the specific method stipulated in the enactments for determining the value of the property, Madras High Court reiterates

A welfare State has necessarily to balance augmenting of its revenues to provide for sources of funds for welfare measures and other expenses of the State on the one hand and mitigating the hardship of taxes as far as possible to its citizens, on the other.

Case Briefs High Courts

Last date for admission in EWS category is 31st December of any given academic year; belated admission impermissible: Delhi High Court

The Delhi High Court held that belated admission in a particular academic year would be totally dehors the scheme of the Delhi School Education Act and Rules, 1973 and would be counterproductive to the very purpose of reserving seats for children belonging to the EWS category.

Case Briefs High Courts

Explained | Why Rajasthan High Court denied relief to Robert Vadra in Money Laundering Case

“The Courts must certainly step in and thwart any and all kinds of injustice, malafide and/or arbitrary exercise of executive power on the liberty of the citizens of this country; however, in absence of the same, any judicial interference in the domain of the executive, would be unwarranted.”

Hot Off The Press News

Supreme Court upholds Centre’s decision of demonetising Rs. 500 and Rs. 1000 currency notes

Supreme Court: In a petition against the demonitisation of Rs. 500 and Rs. 1000 currency notes in 2016, the Constitution Bench of

High Court Round Up Legal RoundUp

[High Court Monthly Round Up] | December 2022 | 100 + Legal Stories including U.P ULB elections; PIL against Koffee with Karan; Bail to journalist Siddique Kappan; Right to be forgotten; Sexual harassment at workplace; Trade mark infringement cases and more

A quick legal roundup to cover important stories from all High Courts in December 2022

Case Briefs High Courts

Karnataka HC refuses to entertain writ petition against Bharat Biotech vis-à-vis a private contract with United Brothers Healthcare Services for supply of Covaxin doses

Karnataka High Court observed that merely because Covaxin is being taken by public, it will not make a private contract enforceable or justiciable in the Courts of law, which are pre-dominantly meant for public law remedy.

Case Briefs High Courts

Allahabad High Court | Removing the corpse from place of murder does not cause disappearance of evidence of murder

Allahabad High Court observed that Section 201 IPC looks upon a person giving false information with intent to screen an offender as an accessory after the fact and makes him culpable as an offender committing an offence against public justice. It partly allowed the appeal against conviction under Section 201 IPC, but upheld the conviction for murder.

Cases Reported SCC Weekly

2022 SCC Vol. 10 Part 5

Criminal Procedure Code, 1973 — Ss. 437 to 439 — Bail applications: If more than one bail application is filed

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can lease be cancelled on the ground of ecological repercussion? NGT to determine the scope of its jurisdiction

It has been alleged that the Ecological concerns have not been taken into consideration while granting lease to certain Salt Plants. NGT will now decide if it has the power to cancel the lease on the grounds that the lease has an adverse impact on the environment.

Case Briefs High Courts

Delhi High Court directs GNCTD to follow the guidelines laid down by the Supreme Court and Animal Welfare Board of India while dealing with the feeding of stray dogs

The Court directed the respondents to identify a place to feed the stray dogs in accordance with the guidelines laid down by the Courts, Supreme Court and AWBI.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Leniency application is like admission of guilt in a cartel; NCLAT upholds penalty imposed on United Breweries, Carlsberg and All India Breweries Association

NCLAT while deciding the issue of cartelisation by breweries observed that lesser penalty application indicates admission of guilt and held United Breweries, Carlsberg India Pvt. Ltd. and All India Breweries Association liable for cartelisation.