Editor, Author at SCC Times

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.”

Appellate Authority for Advance Ruling (Maharashtra)

Advance Rulings Case Briefs

Providing medical education and health care services through a hospital amount to business; Maharashtra Appellate Authority for Advance Ruling upholds

The service of medical education falls under the category of “educational institution” as defined under the GST law, and accordingly, it was held that the medical education services provided by the appellant to the students will attract nil rate of GST. Further, as the appellant’s hospital is engaged in providing diagnosis and treatment of the patients, hence, their services can be termed as “health care services”, and accordingly held that the said services will be exempt from the payment of GST.

Case Briefs High Courts

Bar under Section 33(5) of POCSO Act is not absolute; Kerala High Court allows recalling of child witness for examination for the just decision of the case

Kerala High Court held that child witness can be recalled for examination; bar under Section 33(5) of POCSO Act is not absolute.

Case Briefs High Courts

Delhi High Court | All Paramilitary personnel entitled to grant of HRA irrespective of rank

The Delhi High Court held that every personnel in the paramilitary forces should be entitled to the benefit of House Rent Allowance (HRA), irrespective of the rank as per their entitlement

Case Briefs High Courts

Whether electro-magnetic radiation from a mobile tower would cause irreparable harm to children with disabilities? Bombay HC answers in negative

Bombay High Court: The Division Bench of M. S. Sonak and Bharat P. Deshpande, JJ., quashed the impugned order of

Cases Reported SCC Weekly

2022 SCC Vol. 10 Part 3

Civil Procedure Code, 1908 — Or. 22 Rr. 3 and 4 — Abatement of appeal: Appeal as a whole cannot

Case Briefs Tribunals/Commissions/Regulatory Bodies

Approval/Non-approval of Resolution Plan is a commercial wisdom and Tribunal can’t interfere with the commercial wisdom: NCLAT

National Company Law Appellate Tribunal | Dismissing the appeal, Ashok Bhushan, J., Kanthi Narahari (Technical Member) and Barun Mitra (Technical

Case Briefs High Courts

[Mangrove Deforestation] Bombay HC allows felling of about 22,000 mangrove trees for Mumbai-Ahmedabad bullet train project

Bombay High Court: In a matter relating to India’s first bullet train project, which has received criticism from environmental activists

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC expresses severe displeasure over the conduct of PIO for denying providing of information on 2022 DDA Policy

PIO was directed to file a written submission to justify why actions should not be initiated against him/her under section 20 of the RTI Act, 2005 for furnishing misleading and contradictory information.

Case Briefs High Courts

Andhra Pradesh High Court explains scope of the residuary provision provided under Article 113 of the Limitation Act

When a case falls under any specific provision of law, their residuary clauses cannot be resorted to and the parties cannot seek shelter under the residuary provision under Article 113 of the Limitation Act, 1963.

Case Briefs High Courts

Kerala High Court | Courts should carefully analyse cases while dealing with pre-arrest bail pleas under SC/ST Act

It is shocking, rather a mind-blowing fact that many innocent persons are victims of false implication under the SC/ST Act

Case Briefs High Courts

[Pilibhit encounter 1991] Allahabad High Court commutes life sentence of 43 police personnel to seven years' rigorous imprisonment

“It is not the duty of the police officers to kill the accused merely because he/she is a dreaded criminal. Undoubtedly, the police must arrest the accused and put them up for trial”.

Case Briefs High Courts

All Hydro Power Projects across the State must comply with directions in ‘Zangpo Sherpa case’ in letter and spirit; Sikkim High Court condemns GATI’s careless attitude, resulting in death of two innocent boys

“Should every Hydro Power Project get away with token compensation for loss of life despite standing directions of the highest Court of the State to take precautions, utter chaos would abound on account of their carelessness, which would be unaccountable. It must be borne in mind that human life is as precious, regardless of the geography of the area”