Editor, Author at SCC Times

SEBI extends timeline until 1-3-2023 to Online Bond Platform Providers for making an application for registration certificate

On 7-2-2023, the Securities and Exchange Board of India (‘SEBI’) extended the timeline for entities operating or desirous of operating as Online

Case Briefs High Courts

Rejection of Compassionate Appointment for married daughters violative of Articles 14 and 15: Punjab and Haryana High Court

The division bench of Punjab and Haryana High Court noted that the object of such schemes is to grant appointments to dependent family members falling under specific categories on compassionate grounds.

Case Briefs High Courts

Pensionary benefit to “part time tube well operators” cannot be granted from date of granting pay parity with regular operators; Allahabad High Court reiterates

Article 14 of the Constitution of India has withstood the temperts of classification and discrimination, but the emerging disparity to regulate the condition of pension as a result of service ought not to obliterate the object of equality in a level playing field.

Case Briefs High Courts

Karnataka HC | Charges under Prevention of SC/ ST (Atrocities) Act are applicable only when name of a victim’s caste is taken with the intention to insult and humiliate them

The Karnataka High Court held that merely mentioning an individual’s caste during an altercation with no intention to insult, would not attract the provisions of the SC/ ST Act

Case Briefs Supreme Court

EXPLAINED| The Bhopal Gas Tragedy victims’ case before Supreme Court’s Constitution Bench

The Union of India had approached the Supreme Court in 2010 for enhancement of compensation for Bhopal Gas Tragedy victims through a Curative Petition based on different data recorded by the Courts and actual figures submitted by Union of India in the estimated number of deaths, injuries, expenditure incurred, etc. The Constitution Bench has reserved the verdict on 12-01.2023.

Case Briefs High Courts

Virginity test conducted on a female detainee/accused under investigation/custody whether judicial/police is unconstitutional; Delhi High Court issues directions

To hold that conducting virginity test on a woman who is victim of sexual assault and on a woman who may be an accused of an offence will be on different footing or that the earlier will be unconstitutional and the later constitutional, will be a perverse finding and against the intent of the Constitution of India and Article 21. However, this should not mean to be taken to be a shield for the detainee from legitimate interrogation by police as per the procedure established by law.

Case Briefs High Courts

Bombay High Court refuses to exercise power under Art 226 and deprecates filing another petition when it failed to get relief from Delhi High Court

The entire trajectory of this case must be deprecated. When a principle challenge against the termination fails and while an appeal is pending, one distress warrant is challenged in Delhi only to be allegedly later withdrawn and other distress warrants are now brought before this Court.

Case Briefs Supreme Court

Explained| How in the fight between Justice LC Victoria Gowri’s ‘eligibility’ versus ‘suitability’ to become a judge, ‘eligibility’ won

Supreme Court dismissed the petitions filed by lawyers from Madras HC alleging that Gowri is disqualified from being appointed a judge of a Constitutional Court, as there was no fruitful consultation between the executive and the collegium regarding her antecedents that could reveal her biasness against the minorities in the country.

Case Briefs Supreme Court

Supreme Court stays Kerala HC order directing a woman in same-sex relationship to undergo counselling

The 3-judges Bench of Supreme Court has stayed the impugned order of the Kerala High Court whereby the High Court had asked DLSA to record statements of the detenu and make her undergo counselling. Allegedly, the woman has been kept in illegal detention by her parents.

Case Briefs High Courts

Allahabad High Court| No CIC charges can be demanded from the company, if there is merely a change in name of the allottee company and no change in shareholding

Allahabad High Court held that the demand notice is illegal, as no CIC charges can be demanded from the petitioner company, if there is merely a change in the name of the original allottee/leasee company and there is no change in the ownership or shareholding of the allottee company

Case Briefs High Courts

Bombay High Court directs State police to stop conducting mock drills depicting persons of Muslim religion as terrorists

Bombay High Court: In a PIL filed by the petitioner who is a social activist highlighted the issue of conduct of mock

Case Briefs High Courts

‘Body Building Competition’ a secular and neutral activity; Bombay High Court quashes communication by Kalyan-Dombivali Municipal Corporation for being arbitrary and bad-in-law

The Bombay High Court found the ‘Body Building Competition’ unfit among the categories of acts which are per se obnoxious, unpleasant, avoidable, illegal or negative with respect to the Code of Conduct issued by the Election Commission of India.

Hot Off The Press News

“Supreme Court cannot be immune to globalisation. Since the nature of challenge is global, our response cannot afford to be local”: Justice Sanjay Kishan Kaul

Justice Sanjay Kishan Kaul stated that the Supreme Court is under intense scrutiny on a daily basis while emphasizing that functioning of the Apex court was always influenced by the dynamics of contemporary political forces, dominant economic realities and landmark social events.

Hot Off The Press News

“The World is facing a ‘Perfect Long Storm’, ‘Truth Decay’ has been finding its way into Courtrooms”: Singapore’s CJ Sundaresh Menon

The phenomenon of ‘Truth Decay’, i.e., the proliferation of misinformation and devaluation of truth, would spread into court proceedings and attack the justice system by, inter alia, diminishing the legitimacy of judgments and judges, and eroding public confidence in the institution, says Chief Justice Menon

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT| A mistake in demand notice does not make an application defective unless some prejudice is suffered resulting from such mistake

While deciding the present matter dealing with mistake in demand notice, NCLT held that “the Corporate Debtor has not and would not be prejudiced by fact that Operational Creditor has mentioned the wrong date of default due to its inadvertence.”

Case Briefs Supreme Court

Section 149 CPC acts as an exception, or even a proviso to Section 4 of Court Fees Act ,1870; Supreme Court reiterates

Supreme Court reiterated that in terms of Section 4, an appeal cannot be filed before a High Court without court fee, if the same is prescribed. But this provision must be read along with Section 149 of CPC.

Case Briefs High Courts

Delhi High Court permits mother to relocate to USA with the minor child on remarriage

Technology has advanced so much that regular interactions between two individuals living in different countries or even continents can easily be maintained through video calls and video conferencing. In fact, in the last three years, when the world was grappling with the Covid pandemic, interactions through video calls have become the new norm. Even when Courts today are functioning fully physically, lawyers are being permitted to join through video conferencing only because of the advancements in technology.

Hot Off The Press News

“Need to adopt innovative and technological solutions with the ever changing, dynamic World”: CJI Chandrachud

Justice Chandrachud referred to the recent 2023 budget and stated that Government of India had announced a provision of 7000 crores for Phase III of E-Courts project which would enhance the accessibility of the judicial institutions and improve the efficiency of the justice delivery system in India. He also informed that the Supreme Court heard 3.37 lakhs cases through VC during the Covid period.

Case Briefs Supreme Court

EXPLAINED| Stamp Act versus Arbitration Act issue on validity of an Unstamped Arbitration Agreement as Supreme Court reserves Judgment

The Constitution bench considered a question of law : whether the instrument was duly stamped or not, was not only contrary to the plain language of Section 11(6A) of the Arbitration Act, but also wholly defeated the legislative intention of the Arbitration and Conciliation (Amendment) Act, 2015, and puts a spoke in the wheel of conduct of the arbitration process at its very inception.

Case Briefs Supreme Court

Supreme Court upholds NCLAT order on payment of dues to former employees of Jet Airways

Supreme Court refused to entertain a plea moved by the consortium and upheld the National Company Law Appellate Tribunal’s order directing the consortium to pay the provident fund and gratuity dues of the employees of Jet Airways