Editor, Author at SCC Times

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”

Case Briefs High Courts

Delhi High Court grants interim injunction in favour of WhiteHat Education Technology in a trade mark infringement suit for its mark ‘WhiteHat Jr’

The Delhi High Court held that the marks ‘WhiteHat Jr’ and ‘WhiteHat Sr’ were deceptively similar and therefore, restrained the defendants from using any trade mark, trade name and domain name which would amount to infringement of plaintiff’s mark ‘WhiteHat Jr’.

Case Briefs High Courts

Characterising it as ‘sketchy’ and ‘non-speaking’, Rajasthan High Court sets aside the order of the Joint Commissioner, GST

It suffered from non-application of mind and was in violation of mandatory requirement of section 75 (6) of the CGST Act.

Case Briefs Supreme Court

Candidate cannot challenge selection process after consciously participating in the interview; SC sets aside Allahabad HC’s order in Gram Panchayat Adhikari recruitment case

“The approach of the High Court is like a visually impaired person looking for a black cat in a dark room when the cat itself is not there.”, observed the Supreme Court.

Case Briefs High Courts

Jharkhand High Court | A married woman cannot invoke section 376(2)(n) of the IPC on the pretext of false promise of marriage

Jharkhand High court held that amarried woman cannot invoke section 376(2)(n) of the IPC, after establishing a relationship with man other than her husband

Case Briefs High Courts

Madras High Court directs Additional Chief Secretary to Government of Tamil Nadu, to get sensitization programmes conducted for police force regarding the rights of persons with disabilities

Upon learning that the police had violated the human rights of a physically challenged person, Madras High Court gave directions to police officials to sensitize police force regarding rights of persons with disabilities and ensure proper functioning of CCTV cameras in all police stations.

Case Briefs High Courts

Allahabad High Court denies bail to two members of Popular Front of India accused of planning an attack on different Hindu Religious Organisation

Ansad Badruddin and Firoz Khan, members of PFI were denied bail by Allahabad High Court, as various contraband articles were recovered from their possession, including a diary disclosing their aim and object of fighting against Hindu religious organisations and to promote the ideology of PFI.

Case Briefs High Courts

Loss of human life should not be permitted merely at the altar of technicalities; Punjab and Haryana High Court allows Swap Transplantation of kidneys

Punjab and Haryana High Court deemed mother-in-law as near relative and allowed swap transplantation of kidneys.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Principle that governs compensating a party for the time value for money would be applied for grant of interest on carrying cost on account of a change in law event; Appellate Tribunal for Electricity reiterates

The interest in ‘carrying cost' is nothing but time value for money and the only way a party can be afforded the benefit of restitution in every which way.

Case Briefs High Courts

ECI is free to proceed in the Shiv Sena Election Symbol dispute; Delhi High Court refuses to entertain the appeal seeking to quash ECI restraint order

Delhi High Court: In the instant appeal filed challenging the order and judgment of a Single Judge bench which refused

Case Briefs High Courts

Delhi High Court stays CCI’s order for recovery of Rs. 223.48 crore from MakeMyTrip Private Limited

The Delhi High Court stayed the recovery of a Rs. 223.48 crore penalty imposed by Competition Commission of India (CCI) on MakeMyTrip (P) Ltd. for abuse of its dominant position.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Application under Section 7 IBC relating to the interest component due even if principal amount is not due, held maintainable

National Company Law Appellate Tribunal | Upholding the maintainability of an application filed under S. 7 IBC, a bench comprising of Rakesh

Case Briefs Supreme Court

Explained | Why Supreme Court transferred former Andhra Pradesh Minister Y.S. Vivekananda Reddy’s murder trial to CBI Special Court at Hyderabad

Supreme Court observed that the principles of Administration of Justice states that justice should not only be done but it should be seen to be done and free and fair trial is sine qua non of Article 21 of the Constitution.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Builder deliberately not handing over the possession to the allottee despite receiving the whole of consideration; Haryana RERA modifies order of the State Authority to extend due date of delivery of the unit

The appellant was given ample opportunity to represent and defend itself, therefore, the contention of the appellant that the authority had not complied with the RERA Rules was found to be meritless.

Authority for Advance Ruling (Karnataka)

Advance Rulings Case Briefs

KAAR| Maintenance and repair services of test bench equipment used for testing air worthiness of an aircraft does not qualify to be an aircraft or its engine or other aircraft components

KAAR ruled that as the applicant is providing maintenance and repair services of test bench equipment used for testing air worthiness of an aircraft that does not qualify to be an aircraft or an aircraft engine. Further, to be termed as other aircraft components it should form a component of aircraft and, hence, not taxable at the rate of 5 percent GST.

Case Briefs High Courts

Delhi High Court grants permanent injunction to Microsoft Corporation and awards damages of Rs. 20 lakhs in a 12-year-old copyright infringement suit

Microsoft filed the present suit for permanent injunction against the defendants restraining them from directly or indirectly reproducing/storing/installing and/or using pirated/unlicensed software programmes, thereby infringing the copyright in the plaintiffs’ computer programmes/software titles.

Legislation Updates Notifications

Govt allows conversion of regular vehicle registrations into Bharat Series vide Central Motor Vehicles (Twenty-third Amendment) Rules, 2022

On 14-12-2022, the Ministry of Road Transport and Highways notified Central Motor Vehicles (Twenty-third Amendment) Rules, 2022 to amend Central

Case Briefs Foreign Courts

Can’t allow collateral attack on the criminal convictions: High Court of the Republic of Singapore dismisses constitutional challenge by 4 inmates against provisions in drug law

“Despite the claimants’ assertion that they seek only to examine the Constitution, the true subject matter of the present application is the propriety of the claimants’ convictions, which were the remit of their respective cases in the High Court and Court of Appeal. This application for permission amounts to a collateral attack on the earlier criminal decisions.”