Editor, Author at SCC Times

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.

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ChatGPT and the IP Implications of the Output Created by it

by Rohan Khosla†

Case Briefs High Courts

Meghalaya High Court upholds conviction of Ex- Meghalaya MLA Julius Dorphang for minor’s rape

The Meghalaya High Court said that society at large owes a huge apology to the brave young survivor for having failed one of its most precious and tender.

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Sambhal cold storage collapse incident] NGT orders compensation to heirs of deceased and injured persons

If the business entity involved in hazardous activities fails to pay compensation, the State is liable to pay for the failure to ensure safety. Citizens are entitled to safety from hazards of business activities having potential for incidents which may cause death and injuries.

Op Eds OP. ED.

Change in principles for initiation of CIRP by financial creditors

by Disha Jain†

Case Briefs Tribunals/Commissions/Regulatory Bodies

Reopening of the assessment is indemonstrable in law as reasons inserted in Section 147 IT Act were not considered as evidence: ITAT

It is a trite law that the reasons, as recorded for reopening the reassessment, are to be examined on a standalone basis to determine the validity of proceedings under section 147 IT Act.

Case Briefs High Courts

Delhi High Court changes the status of Look Out Circular; directs immigration authorities to inform SFIO about former Director of Techpro Systems Limited arrival and departure

The Court opined that the present case would fall under the Office Memorandum which stated that “where there is no cognizable offence under IPC and other penal laws, the LOC subject cannot be detained/arrested or prevented from leaving the country.”

Case Briefs High Courts

Interim Relief to ‘Phonepe’ denied in trademark infringement suit; Trademarks ‘phonepe’ and ‘postpe’ have no phonetic similarity: Bombay High Court

The court while denying the interim relief to ‘Phonepe’ said that it is settled law that when the plaintiff fails to make out a prima facie case in its favor, the aspects of grave and irreparable loss in the absence of interim reliefs and balance of convenience pale into insignificance.

Case Briefs District Court

‘Minor’s statement not trustworthy’; Dhanbad POCSO Court acquits accused of rape

Dhanbad POCSO Court said that allegation of informant based on an inquiry in a secret manner that rape, and unnatural offence has been committed against victim child could not be established and prosecution’s case against the accused persons remains doubtful.

Case Briefs High Courts

Promissory estoppel inapplicable in a situation where a student has knowledge about failure in examination: Orissa HC holds ‘Charan Panda case’ to be bad in law

Orissa High Court said that it is no doubt true that the Courts have, more often than not, leaned in favour of the students, but as the things stand, a line must be drawn between cases where there have been a bona fide error and cases where the circumstances are dubious.

Admissibility of Evidence in Civil Proceedings

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Admissibility of Documents in Evidence in Civil Cases ― Marking of Documents as Exhibits and Objections to Documents Being Taken on Record

by Amira Abdul Razaq†

Case Briefs Tribunals/Commissions/Regulatory Bodies

State cannot escape liability for violation of environmental norms and negligence by its authorities; responsible to compensate the victims of illegal mining: NGT

NGT said that though basic liability is of violator of law, where law violator is not made to pay compensation, the State is liable to pay compensation as per its duty as a welfare State

Advance Rulings Case Briefs

Supply of goods to overseas customer is treated neither as ‘supply of goods’ nor as ‘supply of services’: Karnataka AAR

Karnataka AAR said that there were two transactions involving the applicant. The first transaction is of supply of goods by the manufacturer to the applicant and the second transaction is of supply of the same goods by the applicant to an overseas customer.

Advance Rulings Case Briefs

18 percent GST rate applicable on sale of independent running business divisions: Karnataka AAR

Karnataka AAR said that transfer of ‘staffing business’, in sale of independent running business division, amounts to “supply of services” and not “supply of goods” under Sections 2(52) and 2(102) of CGST Act.

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Can Spectrum Licence be Treated as an Asset in the CIRP Initiated by a Creditor Under Insolvency & Bankruptcy Code, 2016 | Union of India v. Vijaykumar V. Iyer: A case comment

by Tarun Gulati† and Madhav Goel††

Case Briefs Supreme Court

Imported LCD panels classifiable under chapter 90, entry 9013.8010 of Customs Tariff Act: SC

“It is necessary to refer to ‘general rules of interpretation’ of first schedule of Customs Tariff Act, 1975 for the purpose of relevant classification of the goods under CTA.

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Reassessing Age under POCSO: A Step Forward

by O.P. Harsh Singh Munday† and Tanushi Patel††

Case Briefs Supreme Court

Constitutional Courts can exercise power of imposing a modified or fixed-term sentence even where capital punishment is not imposed or proposed: SC

To identify whether the case of an accused under S. 302, IPC falls in the category of ‘rarest of the rare’ case, for the purpose of modification of sentence, it is no consideration by itself that the accused is a first-time offender and has no antecedents.

Hot Off The Press News

Germany’s auditor supervisory authority APAS bans EY from auditing public interest companies for two years; Fine of Euro 500,000 imposed over Wirecard auditing failure

Germany’s accounting oversight body –APAS, said that this investigation regarding breach of professional duty in the audit of the annual financial statements from 2016 to 2019 for Wirecard, was the most extensive procedure carried out by APAS till date.

Advance Rulings Case Briefs

Real Estate (Regulation and Development) Act, 2016 applicable only to ongoing projects, and which are to be developed after the commencement of the Act: Odisha RERA

ORERA reiterated that the projects which are completed and for which the completion certificate has been issued by the local or competent authority prior to the commencement of the Real Estate (Regulation and Development) Act, 2016, are not covered under the Act and therefore, has no application to such projects.