Editor, Author at SCC Times

Orissa HC quashes 6 years old pending criminal proceedings against ex-students of Madhusudan Law College

The Court said that the Damocles sword has been hanging over the petitioners for the past six years, who await for the trial to commence.

Case Briefs Tribunals/Commissions/Regulatory Bodies

State cannot escape liability for violation of environmental norms; NGT grants Compensation of Rs. 20 lakhs to successor of deceased

National Green Tribunal said that the State has to take precautions to prevent such incidents in future, apart from paying compensation with liberty to recover the same from the entity.

Case Briefs High Courts

Dismissing Constable from service was an arbitrary act; Meghalaya High Court sets aside BSF Commandant order

The Court said that no proper show cause notice was served to the petitioner, violating the principle of audi alteram partem, thus, the dismissal from service was not in fair play.

Case Briefs High Courts

Gujarat High Court upholds examination committee’s decision to cancel end semester exam of Nirma University’s law student for indulging in unfair means

The Courtsaid that while determining misconduct one is not to go only by the penalty imposed but the nature of the malpractices committed by the student as well.

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Pricing Algorithm in Competitive Law

by Sankalp Mirani

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Payment of Stamp Duty on Individual Member Agreement for Redeveloped Area Adityaraj Builders v. State of Maharashtra: A case comment

by Nirali Yash Desai†

Case Briefs High Courts

Allahabad High Court refuses to quash proceedings relating to widespread incidents of violation of public order during CAA-NRC protests in India

It is not that democracy and sovereignty are at crossroads. It is only that democratic rights have to be exercised in a lawful manner, so that order in society, which sovereignty has to uphold at all costs, is not lost.

Case Briefs Supreme Court

SC directs all Courts and Tribunals to number paragraphs in Orders and Judgments in seriatim

The Court considered the adoption of uniform format for Judgment and Orders, including paragraphing.

Case Briefs Supreme Court

‘Pension cannot be denied dehors the authority of law’; SC sets aside BSF Commandant’s conviction, allows him to retain superannuation benefits

The Court said that the search of the Commandant’s house did not result in recovery of any incriminating documents/article and without other materials incriminating the appellant or pointing to his guilt, the statement of a single person alone cannot result in conviction of the Commandant and deprive him of his pension benefits.

latest supreme court judgment on ancestral propety

Law made Easy

Ancestral Property: Latest Supreme Court Judgments

We often get to hear the term ‘ancestral property’, but the exact meaning of the term remains unknown to most of us.

Events/Webinars News

SAMADHAN | National Conference on Mediation at the Dawn of Golden Age [14-15 April]

The Delhi High Court Mediation and Conciliation Centre, known as Samadhan organized the Inaugral Session of National Conference on “Mediation: At the

Case Briefs High Courts

Public Interest precedes Private Interest; Gujarat HC rejects plea to standstill housing redevelopment scheme of 32-year-old society

When a redevelopment scheme is in the interest of public at large, the entire project cannot be put to a standstill at the behest of few persons (14 petitioners) when 75% of the occupants have consented to the redevelopment process.

Case Briefs High Courts

Appellate Court can make any just consequential and incidental orders while deciding appeals u/s 373 CrPC: Orissa High Court

The Court clarified that the appellate Court’s power to make just consequential and incidental order in appeals u/s 373 CrPC includes the power to stay the operation of other proceedings.

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POCSO Act v. Personal Law — Application of POCSO Act over Muslim Personal Law

by Vansh Bhatnagar†

Case Briefs Supreme Court

Supreme Court deprecates condition of deposit for bail in offences u/s 132 GST Act

The Supreme Court said that onerous condition requiring deposit of Rs. 2 crores cannot be imposed for bail.

Case Briefs High Courts

Right to food under Art. 21 includes right to food with hygiene: Gujarat High Court dismisses plea to re-open Surat meat shops

The Gujarat HC has observed that right to freedom of trade may be a fundamental right, but not a carte blanche. The right to free trade in food items like meat, or any such food has to be sub-serving to public health and food safety requirements.

Case Briefs District Court

Mumbai Court acquits 4 gang rape accused persons after finding victim’s statement untrustworthy

The Court said that there is several room for doubt about the prosecution story regarding forcible sexual intercourse, the medical evidence is not supportive to the version of the victim that there was forcible intercourse or that there was any physical assault on her.

Case Briefs Supreme Court

Pronouncing unprepared judgments is gross negligence and callousness of Judicial Officer; SC upholds Civil Judge’s dismissal

The Supreme Court upheld the penalty of dismissal of Civil Judge and said that providing an unprepared judgment, fait accompli, is completely unacceptable and unbecoming of a Judicial Officer.

Case Briefs Supreme Court

No penalty leviable under Section 271-C of Income Tax Act on mere belated remittance of TDS by assessee: Supreme Court

The Supreme Court observed that the consequences on nonpayment or belated remittance of the TDS would be under Section 201(1A) and Section 276-B of Income Tax Act, 1961.

Case Briefs High Courts

No proper opportunity given to Defence Council for defending rape convict; Orissa High Court set aside conviction order

Orissa High Court said that a criminal trial is not an IPL T20 match where every ‘substitute player’ can be an ‘impact player’, engaging a new State Defence Council without providing him police papers is gross illegality.