Editor, Author at SCC Times

“One Part to Guide Them All”: Preamble- The Constitution’s ‘Adi- Vakya’

by Sucheta Sarkar†

Supreme Court grants interim bail to Ashish Mishra in Lakhimpur Kheri Case

Supreme Court grants interim bail to Ashish Mishra, son of Union Minister Ajay Mishra in an unfortunate and grave incident at Lakhimpur Kheri which led to the loss of eight lives, consisting of four protesting farmers, one journalist and three others

Case Briefs High Courts

“Fundamental Right to Speedy Trial has been violated”: Allahabad High Court quashes criminal proceedings in electricity theft case, pending for more than 18 years

The Right of speedy trial is a fundamental right, and its violation causes prejudice even to the accused person

Case Briefs High Courts

Delhi High Court quashes FIR registered against the law intern who projected himself as a proxy counsel on the instructions of his Advocate

The Delhi High Court quashed the FIR registered against the law intern who projected himself as a proxy counsel on the instructions of his Advocate and the Court observed that the law interns who were merely students should be counselled, properly informed, and instructed instead of registering FIRs against them.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Successful Auction Purchaser can withdraw from e-Auction; NCLAT upheld refund of EMD and first instalment

In a case challenging the Adjudicating Authority’s order to withdraw from e-auction process and refund of EMD and first instalment, the Tribunal held that the Adjudicating Authority can allow the Successful Auction Purchaser to withdraw from e-auction process when the balance bid amount is due because of the attachment of the assets of the Corporate Debtor.

Case Briefs High Courts

Kerala High Court directs Central and State Government to consider penalty against obstruction of free flow of traffic at toll plaza

The Court said that the National Highways Authority and the Concessionaire are bound to device ways and means to ensure smooth and uninterpreted flow of traffic through the Paliyekkara Toll Plaza with immediate effect.

Hot Off The Press News

Supreme Court simplifies procedure to withhold life support of a terminally ill patient; Modifies guidelines given in 2018 Euthanasia Judgment

5-Judge Constitution Bench of SC was hearing application to modify guidelines prescribed in 2018 Euthanasia Judgment and viewed that the guidelines need modifications. Thus, simplified the process for passive euthanasia. A detailed order with specific directions is awaited.

Case Briefs Supreme Court

EXPLAINED| Why Supreme Court finds no fault in cinema hall owners prohibiting outside food and beverages

The Supreme Court held that the J&K High Court transgressed its jurisdiction under Article 226 of the Constitution by directing the cinema hall owners not to prohibit movie goers from carrying eatables and beverages from outside within the precincts of a cinema hall and by directing the State to enforce this direction to the cinema hall owners.

Case Briefs High Courts

Allahabad High Court orders interim stay on the GST demand of Rs. 1,081 crores against Paytm’s parent company, One 97 communications

Allahabad High Court adjourned the tax writ of Paytm’s parent company, will decide the issue that whether the supply of mobile recharge coupons and DTH recharge vouchers to recipients, who are in other States, would be interstate supply or intra-state supply.

Legislation Updates Rules & Regulations

MCA revises Form MGT —3 and 14 vide Companies (Management and Administration) Amendment Rules, 2023

On 23-1-2023, the Ministry of Corporate Affairs notified Companies (Management and Administration) Amendment Rules, 2023 to amend the Companies (Management and Administration)

Case Briefs Tribunals/Commissions/Regulatory Bodies

CERC| Imposition of Safeguard Duty on import is a ‘Change in Law’ event in Power Purchase Agreement

The Central Electricity Regulatory Commission held that the imposition of Safeguard Duty through notification issued by Department of Revenue is a ‘Change in Law’ event as per Article 12 of Power Purchase Agreement.

Case Briefs High Courts

Several questions are unanswered by the NIA in Antilia Bomb Scare case; Bombay High Court rejects bail to Pradeep Sharma for alleged involvement in Mansukh Hiren murder case

NIA has not done an investigation with respect to the co-conspirators involved in planting gelatin sticks in the Scorpio vehicle. We hope and trust that NIA, in right earnest, will investigate this aspect since further investigation under Section 173(8) is pending.

Case Briefs Supreme Court

Supreme Court berates Rajasthan government for allowing State’s heritage property to disintegrate into shambles

“We are shocked and amazed at the manner in which the State of Rajasthan has permitted its heritage to be destroyed and continues to permit it to be destroyed while claiming its rights under the Rajasthan Escheats Regulation Act, 1956!” exclaimed the Supreme Court.

Case Briefs High Courts

[Arbitration Agreement] Delhi High Court reiterates the law of interpretation with respect to two inconsistent clauses of a same instrument/document/deed

Where there exists any iota of inconsistency between two provisions of a same instrument, the former clause shall prevail over the latter one

Legislation Updates Rules & Regulations

Live Streaming and Recording of Court Proceedings Rules of the High Court of Delhi, 2022

On 13-1-2023, the High Court of Delhi notified the Live Streaming and Recording of Court Proceedings Rules of the High Court of

Cases Reported SCC Archives

From the archives| Trespasser’s right to protect his person & property against true owner

In Ram Rattan v. State of U.P., (1977) 1 SCC 188, the 3-judges Bench comprising S. Murtaza Fazal Ali, P.N. Bhagwati, and V.R. Krishnaiyer, JJ., delved into the scope of a trespasser to exercise the right of private defence of property and person.

Case Briefs Supreme Court

Supreme Court sets aside history sheeter’s bail in an air firing and deadly assault case resulting in one death

The Supreme Court stated that the Allahabad High Court erred in granting bail to the respondent, keeping in view the nature and gravity of the offence, the relationship between the parties and the prima facie evidence on record with reference to common intention as well as antecedents of the respondent.

Case Briefs Supreme Court

Interlocutory order in one case cannot be treated as precedent for cancellation of bail of accused in other cases: Supreme Court

Supreme Court has ordered that the Rajasthan High Court's impugned order being interlocutory in nature, shall not be treated as precedent for cancellation of bail granted to the petitioner in other cases, and the question of law was kept open to be decided in an appropriate case.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT| After closure of Challenge Process and consequent receipt of resolution plan, Adjudicating Authority cannot direct consideration of the revised plan submitted thereafter

National Company Law Appellate Tribunal observed that once the CoC has decided to vote on the resolution plans after closure of challenge process, the Adjudicating Authority cannot direct the CoC to consider any revised plan submitted thereafter.

Case Briefs High Courts

Clauses in Information Brochure based on statutory Master Circular is enforceable; Bombay High Court sets aside Administrator decision to write down AT-1 bonds once Yes Bank stood reconstituted

The clauses in the Information Memorandum are based on the Master Circular which is issued by the Reserve Bank under its statutory powers. Information Memorandum and its clauses refer to Master Circular. The said Information Brochure has a statutory flavour. In that event, the agreement would have a statutory base and such an agreement can certainly be enforceable.