Editor, Author at SCC Times

Commencement of Civil Trials and Amendment of Pleadings

by Dormaan Jamshid Dalal*

AAR | Schools are not liable to pay GST on canteen and transportation services furnished by schools

Maharashtra Authority of Advance Ruling (AAR): The Coram comprising Rajiv Magoo (Member) and T.R. Ramnani (Member) has noted that the schools are

Case Briefs High Courts

Tel HC discusses contours of law regarding issuing notice under S. 41 A CrPC vis a vis grant of anticipatory bail

Telangana High Court: Juvvadi Sridevi, J. granted anticipatory bail subject to completion of investigation and filing of the final report. The facts

Case Briefs High Courts

[Fake Rape] Utt HC | Sexual intercourse found to be a voluntary and conscious act of prosecutrix; HC acquits man wrongfully convicted for rape

Uttaranchal High Court: Ravindra Maithani, J. allowed an appeal against an order of the Trial Court which convicted a man of raping

Case Briefs High Courts

“They are majors and they have agreed to live together”; AP HC granted relief to an inter religious married couple

Andhra Pradesh High Court: A Division Bench of Tarlada Rajashekhar Rao and K Manmadha Rao, JJ. disposed of the petition and directed

Case Briefs High Courts

Ori HC analyses Right of Transgender unmarried daughter to choose gender and avail family pension

Orissa High Court: A.K. Mohapatra, J. directed to process the application for grant of family pension to the transgender woman as expeditiously

Case Briefs Foreign Courts

SCOTUS | Courts should not make procedural rules favoring arbitration; FAA Policy not to foster arbitration

Supreme Court of the United States (SCOTUS): Elena Kagan, J. has clarified that a party challenging arbitration does not need to prove

Case Briefs Supreme Court

Consider relocating and rehabilitating 268 Jhuggi Dwellers without insisting on Ration Card proofs; Supreme Court directs Delhi Government

Supreme Court: The 3-Judge Bench of L. Nageswara Rao, B.R. Gavai and A.S. Bopanna, JJ., directed the Delhi Urban Shelter Improvement Board

Case Briefs High Courts

[Res-Judicata] Kar HC | Even if some similarly situated persons have been granted benefit inadvertently or by mistake, the same does not confer any legal right to claim similar relief

Karnataka High Court: A Division Bench of Alok Aradhe and J M Khazi, JJ. dismissed the appeal and quashed the impugned judgment

Op Eds OP. ED.

The Castaways – Resolution Applicants under the IBC

by Aditya Bapat†

Case Briefs High Courts

Ori HC | Government servant should not be permitted to correct the date of birth near/ around superannuation; application to be entertained only within 5 years from joining date

Orissa High Court: S.K Panigrahi, J. dismissed the petition and remarked “no application for alteration of date of birth after five years

Case Briefs Supreme Court

More than one chargesheet is necessary for invoking provisions of Gujarat Control of Terrorism and Organised Crime Act, 2015: Supreme Court

Supreme Court: The Division Bench comprising B.R. Gavai and Hima Kohli, JJ., (Vacation Bench) reversed the order of the Gujarat High Court,

Case Briefs High Courts

[Rape] Kar HC addressed whether offence under S. 376 IPC can be compounded in case of settlement arrived between the parties

Karnataka High Court: M Nagaprasanna, J., quashed the proceedings against the petitioners in Crime No.87 of 2022 of Byadarahalli Police Station pending

Case Briefs High Courts

Cal HC | On failure of State’s duty to disburse the gratuity and pension amount on the due date, interest is obligatory

Calcutta High Court: Amrita Sinha, J. disposed of a petition which was filed by an Assistant Teacher who retired from service on

Case Briefs High Courts

Raj HC | Neither the mere potential to earn, nor actual earning of wife, howsoever meagre, is sufficient to deny claim of maintenance

Rajasthan High Court: Pushpendra Singh Bhati J. modified the impugned order and enhanced the compensation to Rs 75000/- (for wife) and Rs

Case Briefs Supreme Court

Can State deny benefits of New Pension Scheme citing delayed appointments when the delay was not attributable to employees? Supreme Court answers

Supreme Court: The Division Bench comprising Ajay Rastogi and Bela M. Trivedi, JJ., reversed the impugned judgment of the Madras High Court and held that

Case Briefs High Courts

Guj HC | Industrial Tribunal’s award to pay sweeper with arrears for extra hours, preferential regularization upheld; Petition by State dismissed

Gujarat High Court: Biren Vaishnav, J. dismissed a petition which was filed aggrieved by the award dated 14-02-2020 by which petitioner-State of

Case Briefs High Courts

Megh HC | Action of holding hands in public place does not amount to sexual intent, thus not an act of sexual assault; POCSO Case quashed

Meghalaya High Court: W. Diengdoh, J. allowed a petition which was filed with a prayer to set aside and quash the criminal

Case Briefs High Courts

Megh HC | State to set up an adequate number of rehabilitation centres

Meghalaya High Court: The Division Bench of Sanjib Banerjee, CJ. and W. Diengdoh, J. disposed of a PIL which was filed highlighting

Case Briefs Supreme Court

Non-execution of Arbitration Award even after 30 years-long delay: SC slams Allahabad High Court; U.P. Government to consider constituting four Additional Commercial Courts

Supreme Court: On being apprised of 30 years-long delay in execution of an Arbitration Award, the Division Bench comprising M.R. Shah and