Editor, Author at SCC Times

Delhi High Court grants bail to an accused in an illegal international telephone exchange setup located in Chawri Bazar, Old Delhi

The case involves illegal international telephone exchange setup was found in Chawri Bazar, Old Delhi run by one Zulifiqar Ali alias Raja by using new era software-driven technology for routing calls from foreign countries like USA, UAE, Canada, Australia, etc. to India via illegal route of internet by passing the legal international and national call gateways of India.

Case Briefs High Courts

Mere disagreement with decision-making process of tender authority not a reason for a Constitutional Court to interfere; Allahabad High Court allows State to go ahead with tendering process as per law

Allahabad High Court viewed that the tender authority, has been given a certain degree of leverage by the courts, being the best person to understand its requirements. Hence, a mere disagreement with the authority's decision-making process is not a reason for a constitutional court to interfere.

Legislation Updates Notifications

RBI announces Series III and IV Sovereign Gold Bond Scheme 2022-23

On 16-12-2022, the Reserve Bank of India (‘RBI') has announced Series III and IV of Sovereign Gold Bond Scheme 2022-2023.

Know thy Judge

Justice Sanjay Kishan Kaul — A torch bearer of Freedom of Speech and Expression

“An outsider is often as oblivious about the human behind the lawyer as he is about the working of the judicial system.

Case Briefs High Courts

Allahabad High Court grants bail to journalist Siddique Kappan in PMLA case

Allahabad High Court said that even if it is believed that part of proceeds of crime was transferred in the bank account of Atikur Rahman, that itself may not be sufficient to prove that Siddique Kappan has dealt with the proceeds of crime which had been allegedly received by K.A. Rauf Sherif. Thus, granted him bail.

Case Briefs High Courts

Allahabad High Court| No illegality in taking written statement of witness under Section 161 CrPC when reduced into writing in presence of witnesses as well as I.O.

A written statement sent by post or deliver by another person, may not fall under ‘to examine orally' but a written statement submitted by witness himself to I.O., and if the I.O. has assured its genuineness and reduced it in writing, shall be a statement duly recorded under Section 161 CrPC.

Cases Reported SCC Weekly

2022 SCC Vol. 10 Part 4

Civil Procedure Code, 1908 — Or. 12 R. 6 — Grant of relief on the basis of admission — When

Case Briefs High Courts

Kerala High Court | Teaching experience can be gained only after obtaining the essential qualification necessary for the post of professor

According to a ruling by the Kerala High Court, if there is any requirement of educational qualification for a position then experience for that position will be counted after obtaining the essential qualification and the quality of experience should be same throughout.

Case Briefs Supreme Court

Inter-se-seniority -Promotees versus Direct Appointees: ‘K. Meghachandra requires reconsideration’; Supreme Court’s 5-judge bench to hear the matter

The Supreme Court said that the seniority list was correctly published by interspacing those direct recruits who were eligible in the recruitment year 2009-10 and were appointed against the vacancies of the said year with 53 promotees who were promoted. However, it recommended a reference to a 5-judge bench for reconsideration.

Legislation Updates Notifications

RBI issues Master Directions on Foreign Exchange Management (Hedging of Commodity Price Risk and Freight Risk in Overseas Markets) Directions, 2022

On 12-12-2022, the Reserve Bank of India (‘RBI’) has issued Master Directions on Foreign Exchange Management (Hedging of Commodity Price

Case Briefs High Courts

Delhi High Court | Tax, interest and penalty collected by Revenue during the investigation, without following due procedure, is involuntary; Assessee entitled to refund

Delhi High Court: In a case filed questioning whether the cumulative sum of Rs. 1,80,10,000/- deposited on behalf of the

Case Briefs High Courts

Karnataka HC | Private sector employees cannot be specifically excluded from registration of their vehicles under new BH- Series

Karnataka High Court was deliberating over petitions filed by two private sector employees, who were denied BH-Series vehicle registration in pursuance of a communication issued by the State Government dt. 20-12-2021, which excluded private sector employees in the first phase

Case Briefs High Courts

Allahabad High Court reiterates law on interdicting unconditional bank guarantee; Sets aside interim injunction order passed by Commercial Court

Fraud, as an exception to the rule of non-interference with encashment of bank guarantees, is not any fraud, but a fraud of an egregious nature, going to the root i.e., to the foundation of the bank guarantee and an established fraud. The entire case of the respondent fails to qualify for this.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Rule 11 of NCLAT Rules 2016 cannot be invoked even if there is no provision in IBC to deal with certain circumstances: NCLAT

National Company Law Appellate Tribunal | Dismissing the appeals, a bench comprising of Rakesh Kumar Jain*, J. and Kanthi Narahari

Case Briefs High Courts

[Rooh Afza v Dil Afza] Delhi High Court restrains Sadar Laboratories from manufacturing or selling products containing trademark ‘DIL AFZA’ till final disposal

The three tests of sound, sight and meaning are now well accepted for determining the similarity between competing marks and, similarity in any of the three aspects – visual impression, verbal sound, and meaning – may be sufficient to result in confusion. The question of similarity and the likelihood of confusion between two competing marks is determined on the basis of their overall commercial impression.

Case Briefs High Courts

Punjab & Haryana High Court orders for release of Stridhan to deceased’s father instead of her husband

Punjab and Haryana High Court held that after the death of wife custody of dowry articles belongs to the family of the deceased wife.

Case Briefs High Courts

Allahabad High Court grants interim anticipatory bail to former Union Minister Swami Chinmayanand in a rape case

Allahabad High Court: In an anticipatory bail application plea filed by former Union Minister for Home Affairs and spiritual personality

Case Briefs High Courts

Allahabad High Court imposes fine of Rs.25,000 along with simple imprisonment of one week to Deputy commissioner of Income tax for Contempt of Court

Disobedience of this Court’s order strikes at the very root of the rule of law on which the judicial system rests. The rule of law is the foundation of a democratic society, and the Judiciary is the guardian of the rule of law. Hence, it is not only the third pillar but also the central pillar of the democratic State

Case Briefs Tribunals/Commissions/Regulatory Bodies

Plea of pre-existing dispute must co-relate with amount claimed by Operational Creditor: NCLAT

National Company Law Appellate Tribunal | Allowing the appeal as the impugned order is contrary to law, the bench comprising of Rakesh

Case Briefs High Courts

Delhi High Court| Not duty of constitutional courts but civic bodies to regulate public movement and their choice of urinating, spitting and littering on walls having sacred images

Delhi High Court: In a PIL filed seeking a prohibition of affixing photographs of gods/goddesses on walls to prevent public