Editor, Author at SCC Times

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.

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT reverses SEBI’s order in Arshad Warsi’s pump and dump case

Securities Appellate Tribunal: In the instant appeal filed against the ex parte ad-interim order passed by the Whole Time Members (WTM) of

Case Briefs Supreme Court

No person accused of trading commercial quantity of narcotics is liable to be released on bail unless Court is satisfied of reasonable grounds proving innocence| SC

A regular offender, mastermind, kingpin of “ganja” trade cannot be granted bail if prima facie guilt is established and is likely to commit the same offence when enlarged on bail.

Op Eds OP. ED.

Ban on the Operation of Bike Taxi is Bad in Law — An Analysis of the Maharashtra Government’s Decision

by Kumar Aditya† and Subham Dubey‡

Op Eds OP. ED.

Sealing a Deal for the Seas: The Ocean Treaty — A Win-Win for Nature and Humankind

by Esha Maken†

Case Briefs Supreme Court

Nature of allegations, Seriousness and Gravity of the offence must be considered along with cogent reasons for granting bail in serious offences; Supreme Court sets aside bail order of Allahabad HC

Supreme Court noted that one of the reasons for overcrowding of jails given by the Allahabad High Court in the impugned order cannot be considered for releasing on bail in the offences of serious nature

Op Eds OP. ED.

Why Section 34 (A&C Act) Challenge is Not Efficacious for MSME Awards? Making a Case Exercise of Article 227

by Tahir Ashraf Siddiqui*, Shireen F. Khan** and Sameer Mishra***

Case Briefs High Courts

Power to expand scope of ‘individual borrowers’ under RBI Circular, 2014 vests with RBI and not with High Court: Madras High Court

Madras High Court said that the circular dated 2-08-2019, cannot have any implication in respect of the sole proprietary concern of the petitioner i.e., “M/s. Murugan Idli Shop”.

Op Eds OP. ED.

Conflict of Laws vis-à-vis Foreign Seat of Arbitration

by Mayank Singh†

Case Briefs High Courts

Madras High Court orders disciplinary action against Deputy Secretary, Law Department for unruly behavior in Court premises

Ruckus and unruly behavior inside the Court amounts to scandalizing and lowering the authority of the Madras High Court, as well as interfering and obstructing with the administration of justice.

Case Briefs Supreme Court

For proving threat under S. 364-A IPC, intimidation of kidnapped victim, for the purpose of making him silent, cannot be enough.: SC

Supreme Court said that if the sentence carrying a maximum sentence of death and a minimum sentence of life sentence has such low evidentiary threshold, the difference between punishments for kidnapping under 363, 364 and 364-A shall become meaningless.

Advance Rulings Case Briefs

Gujarat AAR| 28 percent GST rate is applicable on PVC floor mats used in Four-wheel Motor Vehicles

The Gujarat AAR ruled that the PVC foot mats used in cars are classified under CTH 8708 and attract 28 percent GST

Foreign Legislation Legislation Updates

U.S. Copyright Office Issues Guidelines for AI- Generated Work

On 16-03-2023, the Copyright office (office) has issued the guidelines for Copyright Registration for AI Generated Material to elucidate its practices for

Case Briefs High Courts

Meghalaya High Court| Governor has residuary power to carve out authority already conferred under 6th Schedule and vest the same in some other Court or officer

Meghalaya High Court said that there is no limitation on the powers of the Governor in conferring a part of the authority pertaining to the Penal Code or some special law, to a particular Court or officer appointed in that behalf.

Op Eds OP. ED.

164 Statement: A Judicial Cloak of Justice for Victims

by Tanya Agarwal†

Case Briefs High Courts

Unilateral action of bank withholding security documents is illegal and arbitrary: Kerala High Court

Kerala High Court held that once loan is repaid, the bank is not entitled to withhold the title deed merely on the grounds that the petitioner has transferred the property during the subsistence of mortgage.

Case Briefs High Courts

[Right to be forgotten]|Orissa High Court directs State to remove intimate video of the victim from all social media platforms

Orissa High Court said that the legal possibilities of being forgotten On-line and Off-line, cries for widespread debate. It is also an undeniable fact that the implementation of the right to be forgotten is a thorny issue in terms of practicality and technological nuances.

Case Briefs High Courts

Technical objection cannot be taken at the stage of appeal: Allahabad HC upholds Trial Court’s conviction order in fake marksheet case

Allahabad High Court said that the convicts are not in a position to say that they were prejudiced in any manner by common FIR, one charge sheet and same charge for all three convicts and one trial.