Editor, Author at SCC Times

MP HC | Desirable to stay the departmental proceedings till conclusion of the criminal case; Court prohibits Department to continue inquiry

Madhya Pradesh High Court: Atul Sreedharan, J. decided on a petition which was filed by the petitioner who was aggrieved by the

Musing on Mental Health – Bench and the Bar

by Justice Sanjay Kishan Kaul† and Radhika Bishwajit Dubey††
Assisted by Aman Singhania

Know thy Judge

Know Thy Judge | Justice Surya Kant

by Ritu Singh†

Case Briefs Supreme Court

5-year moratorium on new Pharmacy Colleges: Chh HC’s interim order directing PCI to consider application for affiliation stayed; Matter to be disposed of in 4 weeks: SC

Supreme Court: In a case related to PCI’s decision to impose 5-year moratorium on the opening of new Pharmacy Colleges for degree

Case Briefs High Courts

Raj HC | Money cannot substitute a life lost but an effort has to be made for grant of just compensation having uniformity in approach; Court observes in a MV accident case demanding higher compensation

Rajasthan High Court: Birendra Kumar J. allowed the appeal and enhanced the award considering the settled guidelines in the subsequent judgments to

Case Briefs High Courts

Tri HC | Exclusion of married daughters from the die-in-harness scheme of the State Government discriminatory? Court discusses

Tripura High Court: The Division Bench of Indrajit Mahanty, CJ. and S.G. Chattopadhyay, J. decided over a bunch of petitions which had

Case Briefs High Courts

Kar HC | Bail rejected as the Court cannot decide whether it attracts the offence under Ss. 302 of IPC or 304 Part-II IPC at this stage

Karnataka High Court: H.P Sandesh, J. rejected bail as at this stage no offence can be attracted and the same is left

Case Briefs Supreme Court

“Debt arising out of advance payment for supply of goods or services is an operational debt”; SC allows operational creditor to initiate CIRP

Supreme Court: While dealing with a case involving two controversial terms; “operational debt” and “operational creditor” of IBC, the 3-judge Bench of

Case Briefs High Courts

Chh HC | If the party is able to make out an exceptional case and the court finds irretrievable injustice would occur if writ jurisdiction is not invoked, High Courts do have the power to entertain the writ petition

Chhattisgarh High Court: Sam Koshy J. partly allowed the petition and partly disposed of the petition expressing no opinion on the termination

Case Briefs High Courts

Cal HC | Disparagement or mere puffery? Court decides in matter of offending/misleading advertisements [Dabur India v. Baidyanath Ayurved]

Calcutta High Court: Shekhar B. Saraf, J. decided on a petition which was filed seeking remedy against impugned advertisements disparaging the goodwill

Case Briefs High Courts

Couples have to make their choice at the threshold between career prospects and family life; HP HC observes in a case where a mother seeks job transfer to be with her daughter

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Satyen Vaidya, JJ. dismissed the petition being devoid merits. The

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Unless 7.5% of the penalty is deposited when the penalty is in dispute, the appeal cannot be entertained by the Tribunal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Sulekha Beevi, C.S. (Judicial Member) and P. Anjani Kumar (Technical Member)

Case Briefs Supreme Court

Whether relinquishment of right to promotion once made exists perpetually or is it for specific term? Supreme Court answers

Supreme Court: While addressing the question of law with regard to lifespan of relinquishment of claim for consideration for promotion in educational

Op Eds OP. ED.

Conundrum of Going Concern and Ipso Facto Clause

by Nishita Agrawal* and Anurag Tripathi**

Case Briefs High Courts

Tri HC │Whether maintenance granted to the wife under S. 125 CrPC can be cancelled in view of husband’s obtaining a decree for restitution of conjugal rights and wife’s refusal for the same?

Tripura High Court: S.G. Chattopadhyay, J., decided on a petition which was filed by the petitioner challenging order passed by the Additional

Case Briefs High Courts

Ker HC | “Marrying a Christian man would not wipe off the benefit of reservation granted to a scheduled caste persons”, HC reiterates caste of a person is to be decided on the basis of birth

Kerala High Court: Raja Vijayaraghavan V, J., held that marrying a Christian man would not wipe off the benefit of a reservation

Case Briefs High Courts

Utt HC | Compelling to continue pregnancy, infringement under Art. 21; Rape victim allowed to terminate Intrauterine Fetus of 28 weeks 5 days

Uttaranchal High Court: Alok Kumar Verma, J., decided on a petition which was filed by the father of the minor petitioner to

Case Briefs Supreme Court

SCC Times

MP HC | Desirable to stay the departmental proceedings till conclusion of the criminal case; Court prohibits Department to continue inquiry

Musing on Mental Health – Bench and the Bar

Know Thy Judge | Justice Surya Kant

5-year moratorium on new Pharmacy Colleges: Chh HC’s interim order directing PCI to consider application for affiliation stayed; Matter to be disposed of in 4 weeks: SC

Raj HC | Money cannot substitute a life lost but an effort has to be made for grant of just compensation having uniformity in approach; Court observes in a MV accident case demanding higher compensation

Tri HC | Exclusion of married daughters from the die-in-harness scheme of the State Government discriminatory? Court discusses

Kar HC | Bail rejected as the Court cannot decide whether it attracts the offence under Ss. 302 of IPC or 304 Part-II IPC at this stage

“Debt arising out of advance payment for supply of goods or services is an operational debt”; SC allows operational creditor to initiate CIRP

Chh HC | If the party is able to make out an exceptional case and the court finds irretrievable injustice would occur if writ jurisdiction is not invoked, High Courts do have the power to entertain the writ petition

Cal HC | Disparagement or mere puffery? Court decides in matter of offending/misleading advertisements [Dabur India v. Baidyanath Ayurved]

Couples have to make their choice at the threshold between career prospects and family life; HP HC observes in a case where a mother seeks job transfer to be with her daughter

CESTAT | Unless 7.5% of the penalty is deposited when the penalty is in dispute, the appeal cannot be entertained by the Tribunal

Whether relinquishment of right to promotion once made exists perpetually or is it for specific term? Supreme Court answers

Conundrum of Going Concern and Ipso Facto Clause

Tri HC │Whether maintenance granted to the wife under S. 125 CrPC can be cancelled in view of husband’s obtaining a decree for restitution of conjugal rights and wife’s refusal for the same?

Ker HC | “Marrying a Christian man would not wipe off the benefit of reservation granted to a scheduled caste persons”, HC reiterates caste of a person is to be decided on the basis of birth

Utt HC | Compelling to continue pregnancy, infringement under Art. 21; Rape victim allowed to terminate Intrauterine Fetus of 28 weeks 5 days

Whether promotion scheme implemented by office memorandum supersedes recruitment regulations? Supreme Court answers

Analysing the Pegasus Case: Sentinel Reins in the Winged Horse