Editor, Author at SCC Times

Delhi High Court directs Government to release Rs.5 lakhs for each victim who lost life in fire accident at Anaj Mandi, Sadar Bazar

Children who ought to have been studying in schools are forced to work in unhygienic, inhabitable places where accidents await. What is more saddening is that these units are working right under the nose of the Government which includes Police officers who are aware of these factories being run, and yet no steps are being taken by the State to curb this menace.

Case Briefs International Courts

ECHR condemns Lithuania for marking LGBTQI+ fairy tale book with a warning label depicting it “unsafe for children”

“The General Court reiterated that a legislative ban on “promotion of homosexuality or non-traditional sexual relations” among minors does not serve to advance the legitimate aims of protection of morals, health or the rights of others and that by adopting such laws, the authorities reinforce stigma and prejudice and encourage homophobia, which is incompatible with the notions of equality, pluralism, and tolerance inherent in a democratic society.”

Advance Rulings Case Briefs

KAAR| Input Tax Credit can be claimed on trade of fresh and semi processed meat products and packed cold cuts spices and masala powder

KAAR ruled that input tax credit must be availed in terms of Section 16, 17 of Central Goods and Services Tax Act, 2017 read with Rule 42 of CGST Rules, 2017.

Case Briefs High Courts

Delhi High Court applies the doctrine of kompetenz-kompetenz to refer the dispute to an Arbitral Tribunal

An arbitration agreement that is embedded within a contract would always be considered as a separate and severable clause, and despite a reference being made by the court the arbitrator is free to decide on their jurisdiction including the existence of the arbitration agreement in accordance with the kompetenz-kompetenz principle

Case Briefs High Courts

“Institutional framework in National Trust Act not confined only to persons with autism, cerebral palsy, and mental retardation”; Madras High Court allows appointment of legal guardian for schizophrenic woman

Madras High Court stated that the expression “person suffering from multiple disability” under 1999 Act will be equivalent in meaning to “person with benchmark disability” under Persons with Disabilities Act, 2016. Thus, allowed the petitioner to be appointed as a guardian to her sister, suffering from schizophrenia.

Appointments & Transfers Know thy Judge News

Know Thy Judge| 5 Judges who have received President’s nod for appointment as Supreme Court Judges

With the Govt. of India notifying the appointment of the Judges, read more about the new appointees and what it means for Supreme Court’s Judges’ strength.

Legal RoundUp Supreme Court Roundups

A zestful beginning of 2023 for Supreme Court as Constitution Benches assemble regularly in 10 matters in the month of January

This report revisits all the riveting and paramount Supreme Court Constitution Bench cases that were delivered, reserved for judgement and heard in the month of January 2023.

Case Briefs High Courts

Madras High Court| Non-signatories can join as parties to arbitral proceedings, if they are the ‘alter ego’ of the signatory

Madras High Court held that the petitioners are not entitled to join respondents 3 to 5 as parties to arbitral proceedings, as they do not qualify as “alter egos” of the first respondent or as successors-in-interest.

Case Briefs High Courts

Delhi High Court applies the rule of ‘contra proferentem’ to uphold the arbitral award not being hit by ‘patent illegality’

The ground of Patent illegality gives way to setting aside an Arbitral Award with a very minimal scope of intervention. A party cannot simply raise an objection on the ground of patent illegality if the Award is simply against them. Patent illegality requires a distinct transgression of law, the clear lack of which thereof makes the petition simply a pointless effort of objection towards an Award made by a competent Arbitral Tribunal.

Case Briefs Tribunals/Commissions/Regulatory Bodies

National Company Law Appellate Tribunal | Adjudicating Authority cannot direct Resolution Professional to pay lease amount during CIRP

National Company Law Appellate Tribunal held that Adjudicating Authority cannot direct Resolution Professional to pay lease amount under Section 14(1)(d) of Insolvency and Bankruptcy Code, 2016, during CIRP

Case Briefs Supreme Court

Mere availability of an alternative remedy of appeal or revision would not oust High Court’s jurisdiction and render a writ petition “not maintainable”: Supreme Court

The Supreme Court observed that availability of an alternative remedy does not operate as an absolute bar to the “maintainability” of a writ petition and that the rule, which requires a party to pursue the alternative remedy provided by a statute, is a rule of policy, convenience and discretion rather than a rule of law.

Hot Off The Press News

Explained| Eknath Shinde versus Uddhav Thackeray: Why is Shinde’s appointment as the Maharasthra CM under challenge before Supreme Court?

The petitioner contended that Eknath Shinde’s appointment as the CM violates Article 164(1-B) of the Constitution and that the provisions for prevention of defection serves no purpose, as defectors were being rewarded for committing the constitutional sin of defection. The matter will next be heard on 14.02.2023.

High Court Round Up Legal RoundUp

High Court January 2023| Revisiting bundle of stories on Live-in relationships; Motor Accident Claims; Trademarks; Yashraj Copyright’s case; Toxic work culture; Medical termination of pregnancy and more

The High Court Roundup brings a curated list of the top stories of the month to ensure that our readers do not miss out any important updates. This month’s roundup covers the stories Live-in relationships; Motor Accident Claims; medical treatment of HIV positive person; Trademarks; Yashraj Copy Rights case; problem of toxic work culture; termination of pregnancy of rape victims; Sexism not accessible, no means no; allowing Sikhs to carry Kirpans on flights….

Case Briefs High Courts

Whether Air Force Group Insurance Society, Air HQs Non-public Fund Organization, and CRPF Employees Educational Society be treated as ‘State’ under Article 12? Delhi High Court rules

Even though petitioners have claimed that deduction of an amount of their contribution to the Society is permitted by the Ministry of Finance and that the land to run the Society is allocated by the Government, we find that purpose to provide aid in the form of sanction and land to the Society is to enable it to function smoothly to the benefit of its members. However, this does not establish that these functionaries are being run by the Air Force or the Central Government.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Nature of Financial Debt does not change on account of breach of consent terms | NCLAT

While upholding the NCLT’s order of admission of fresh application and initiation of CIRP against the Corporate Debtor, the Tribunal held that the nature of financial debt would not change on account of breach of the consent terms.

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

Explained| Supreme Court’s order modifying guidelines given in 2018 Euthanasia Judgment

5-Judge Constitution Bench in a miscellaneous application filed to seek modifications of guidelines prescribed in 2018 Euthanasia Judgment, viewed that the guidelines need modifications. Thus, simplified the process for passive euthanasia.

Case Briefs High Courts

P & H High Court denies bail to Punjab IAS Officer, Sanjay Popli in corruption case

A Huge number of valuables including gold and silver bricks were recovered at Sanjay Popli’s home during investigation. Thus, the Punjab and Haryana High Court found it unsafe to release him at this stage while investigation is still underway for another case pertaining to accumulation of disproportionate assets.

Case Briefs High Courts

Madras High Court directs Union to consider passport application of Srilankan refugees’ daughter

Madras High Court permitted Srilankan refugees’ daughter to apply for passport under Section 20 of the Passports Act and directed the Central Government to consider her application and pass order.

Hot Off The Press News

WhatsApp v Right to Privacy: Supreme Court directs WhatsApp to publicize its May 2021 undertaking; to hear petition in April 2023

Supreme Court took note of an undertaking given to the Ministry of Electronics and Information Technology, Government of India, on 22-05-2021, WhatsApp had given the undertaking its users in India who have not yet accepted the 2021 privacy policy would not face any disruptions in using the application. It also directed WhatsApp to abide by the undertaking till next date of hearing.

Case Briefs High Courts

Non-Applicant does not have a locus-standi to challenge appointment of Junior Assistants for being a stranger; Madras High Court rejects petition

The recruitment process to any public post should be conducted in a fair and transparent manner. If the candidates are selected by any criterion other than merit and efficiency, the public authority will suffer for all the times to come. It is in the public interest that the process of selection and appointment should be transparent to make it foolproof from corrupt practices.