Editor, Author at SCC Times

Delhi High Court initiated criminal contempt proceedings after Registrar’s (Vigilance) inquiry revealed fabricated IPAB Order was placed on record

The Delhi High Court had initiated criminal contempt proceedings against defendants in a suit after the Registrar (Vigilance)’s inquiry revealed that the defendants placed a fabricated Intellectual Property Appellate Board’s Order on record.

Case Briefs High Courts

Participation in the elections of college union is an integral part of the education; Uttaranchal High Court grants age relaxation of two years to the student for participating in the college election

The Uttaranchal High Court held that participation in the elections of college union was an integral part of the education, and it was an opportunity that was given to the students for developing their leadership qualities, therefore, two years age relaxation was granted to the student for participating in his college elections.

Case Briefs High Courts

Accused cannot be held in indefinite custody having completed 50% of his sentence; Delhi High Court grants bail

Delhi High Court grants bail to accused persons reiterating that, no accused can be indefinitely detained in custody having already undergone 50% of the sentence.

Case Briefs High Courts

Gujarat High Court issued show cause notice to 9 Judicial officers for disobeying the order of the High Court and not disposing of the case pending since 1977

Judicial Officers were given a show-cause notice by the Gujarat High Court for not following the Court’s orders and directions

Case Briefs High Courts

[Drug Menace] Delhi High Court directs State and NCB to take appropriate measures within 12 weeks regarding mechanism for registration and investigation of complaints under NDPS Act

The present petition is filed by a doctor, an ophthalmologist due to the unavailability of any procedural provision or mechanism for the registration / receipt of a complaint regarding cognizable offences declared under the NDPS Act with the Narcotics Control Bureau

Case Briefs High Courts

Bail should not be granted only when person was in the condition of dying; Delhi High Court direct authorities for avoid giving long dates for medical check-up

The Delhi High Court held that grant of bail should not be considered only when the person was in the condition of dying and the authorities should not give long dates to the prisoners for their medical check-up and instead act with promptness, so that check-up could be conducted early.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Fictional Scheme to benefit few selected related parties; NCLAT upholds Liquidation of Corporate Debtor

National Company Law Appellate Tribunal | A bench comprising of Ashok Bhushan, J., Dr. Alok Srivastava* (Technical Member) and Barun

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | No provision for making any modification in the resolution plan; Adjudicating Authority can either approve or reject it

National Company Law Appellate Tribunal held that there is no provision in Insolvency Bankruptcy Code, 2016 for alteration or modification in the resolution plan by the Adjudicating Authority

Case Briefs High Courts

MoEA notification that even during the pendency of criminal case, passport could be issued/renewed; Allahabad High Court reiterates

The reports of non-cognizable cases in which the Magistrate had not even ordered for investigation were being considered for rejection of passport, thus, the Allahabad High Court directed the DG of Police to instruct his officers to give a report regarding the pendency of reports in non-cognizable cases after proper application of mind.

Case Briefs High Courts

Delhi High Court | Review is permissible against an order dismissing a petition under S. 11 of the Arbitration and Conciliation Act

While exercising the power conferred by Section 11 of the Act, the Court ceases to be a Court of Record and the review or reopening of proceedings which is sought is not with respect to any power exercised by the Court under Section 11 on merits but on account of the evident factual mistake in that order.

Case Briefs Supreme Court

Supreme Court grants bail to accused of transporting illegal ‘raw unmanufactured Tobacco’

The petitioner had undergone incarceration for more than 4 months and completion of trial would take some time, thus, the Court enlarged him on bail

Case Briefs High Courts

Madras High Court directs State to pay Rs. 1 Lakh compensation to family of a man, missing since he was taken from his house for Covid-19 treatment

The missing person has not been traced either dead or alive and the stalemate continues, thus, taking into consideration the overall situation and without being too harsh on the State Government and instead, on humanitarian ground, the Madras High Court directed the State to pay compensation to the missing man’s family.

Legislation Updates Notifications

SEBI issues Master Circular for Foreign Portfolio Investors, Designated Depository Participants and Eligible Foreign Investors

On 19-12-2022, the Securities and Exchange Board of India (‘SEBI’) has issued Master Circular for Foreign Portfolio Investors, Designated Depository

Case Briefs High Courts

Delhi High Court upholds compulsory retirement of a teacher accused of sexual harassment and molestation of a Class IX student

In a case where a physics teacher was accused of sexual harassment and molestation of a minor girl, the Delhi High Court held that in dealing with such matters, paramount consideration must be given to the well-being of the child whose mental psyche was vulnerable, impressionable and in a developing stage.

Case Briefs Supreme Court

Supreme Court| Invocation of incorrect methodology for arriving at assessable value is immaterial to show cause notice’s validity, provided that the power itself existed

Supreme Court held that the CBEC circular was not contrary to the intent of the Central Excise Act and Rules. Thus, the show cause notice is not defective and unenforceable. However, the order of the Commissioner regarding the value of the goods sold to the Assessee’s sister concerns is in consonance with the Court’s earlier judgments and CBEC Circular.

Case Briefs High Courts

Delhi High Court | Cancellation of lease deed of Institution running a charitable hospital on public land a travesty of justice

It is travesty of justice that an institution contributing for noble cause being that of running a charitable hospital on a public land and providing for sound research and treatment facilities has been made to suffer the rigors of cancellation of the Lease Deed and vacation of the property. Being a constitutional court and the conscience-keeper of the democracy, this Court cannot lend a blind eye when the ends of justice are being bulldozed in broad daylight.

Interviews

In Conversation with Claudia Salomon, President ICC, International Court of Arbitration

Interviewed by Bhumika Indulia

Case Briefs High Courts

Kerala High Court grants anticipatory bail to snake expert Vava Suresh accused of displaying a cobra while delivering speech at a college

Kerala High Court granted anticipatory bail to Wildlife conservationist and snake expert Vava Suresh accused under the Wildlife Protection Act, for displaying a highly poisonous cobra while delivering his speech at a Government Medical College

Case Briefs High Courts

Vendors have no vested or legal right to continue to be nominated for Town Vending Committees in perpetuity; Government well within its right to reconstitute the Town Vending Committees: Delhi High Court

The Delhi High Court stated that the Government had a right to reconstitute the Town Vending Committees and the vendors did not possess any fundamental or legal right to be nominated for membership of these Town Vending Committees.

Case Briefs High Courts

Delhi High Court upholds ICAI’s suo motu power to initiate disciplinary proceedings under S 21 of the Chartered Accountants Act, 1949

“Section 21 does empower the Institute to proceed suo motu and unhindered by the absence of a written complaint or allegation that may be submitted. A written complaint or allegation in writing cannot, in any manner, be understood to be a pre-requisite or a sine qua non for the initiation of action under Section 21.”