Editor, Author at SCC Times

Cal HC | ”Jurisdiction of suspicion” regarding order of preventive detention, Court sets aside order, suggesting it to be construed strictly

Calcutta High Court: The Division Bench of Rabindranath Samanta and Soumen Sen, JJ., allowed a writ petition which was filed invoking the

Case Briefs High Courts

Ker HC | “No other person whether a passenger or owner of the vehicle was supposed to share seat of the driver”; HC exonerates insurer, Bajaj Allianz from liability to pay compensation

Kerala High Court: A. Badharudeen, J., exonerated the insurance company, Bajaj Allianz from liability to pay compensation in a motor accident case.

Case Briefs Supreme Court

[Military Services] “Much water has flown in the Ganges”; SC expresses dismay over appointments made from 1983 select panel after a lapse of 4-5 years

“No one has questioned their appointments…more than 34 years have rolled by and much water has flown in the Ganges and persons have later promoted to their promotional posts and few of them have retired.”

Case Briefs Foreign Courts

Subway Restaurant Robbery; Canada Court holds Appellate Court cannot not mechanically limit scope of re-trial to a particular theory of liability on a single charge

Supreme Court of Canada: The Bench comprising of Wagner C.J. and Moldaver, Côté, Brown, Rowe, Martin and Kasirer JJ., held that appellate

Case Briefs High Courts

Kar HC directs to make specific complaint to the Chief Commissioner, BBMP regarding statues or flag post causing inconvenience to the public or creating traffic hazard

Karnataka High Court: A Division Bench of Ritu Raj Awasthi CJ and Sachin Shankar Magadum, J disposed of the petition and directed

Case Briefs High Courts

Ori HC | Auction of milching cows with calves do not amount to cruelty under PC Act 1962 or Orissa Prevention of Cow Slaughter Act, 1960

Orissa High Court: A Division Bench of Jaswant Singh and S.K. Panigrahi, JJ., dismissed the petition being devoid of merits. The present

Case Briefs High Courts

Megh HC | Even bare consumption of electricity energy by a person who generates the same is permissible to be taxed; Court upholds constitutionality of the Act

Meghalaya High Court: The Division Bench of Ranjit More, CJ. and H.S.Thangkhiew, J., dismissed a petition which was filed challenging the constitutional

Case Briefs

We have our own doubt whether High Court can permit one of the bidder to modify its offer under Article 226: SC

“High Court has used the word writ petition is disposed of. Once the writ of mandamus was issued, instead of disposing of the writ petition, the High Court ought to have allowed the writ petition.”

Case Briefs High Courts

MP HC | Recovery of interest not justified as benefit of increment was faulty at the part of the department; Court partly allows appeal

Madhya Pradesh High Court: Subodh Abhyankar, J., partly allowed a petition which was filed aggrieved whereby respondent 3 had initiated the recovery

Case Briefs High Courts

P&H HC | Merely informing accused he has a right without specifying the same is not enough to meet requirements of S. 50(1) of NDPS Act

Punjab and Haryana High Court: B.S. Walia, J., held that merely informing that accused has rights under the NDPS Act, without specifying

Case Briefs High Courts

Utt HC | State directed to release the arrears of the deceased-in harness in the favour of the family along with interest

Uttaranchal High Court: The Division Bench of Raghvendra Singh Chauhan, CJ. and Sanjaya Kumar Mishra, J., allowed a petition which was filed

Case Briefs

CESTAT | Can refund of the IGST paid on the imported goods be demanded when there is no intention to take release of goods? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Sulekha Beevi C.S. (Judicial Member) allowed an appeal brief facts of which were that

Case Briefs High Courts

[VAT] Kar HC | ‘Common parlance test, ‘Marketability test’ are tools for interpretation to arrive at a decision on proper classification of a tariff entry

Karnataka High Court: A Division Bench of S. Sujatha and Ravi V Hosmani, JJ., allowed the revision petition and set aside the

Case Briefs High Courts

Raj HC issued directions to provide a pan-Rajasthan solution for persisting problem of encroachment on the land of public way, johar paitan, river bed etc.

Rajasthan High Court: A Division Bench of Vinit Kumar Mathur and Sangeet Lodha, JJ., disposed of the petition and issued directions to

Case Briefs High Courts

Ker HC | “Illegal and Unconstitutional”; HC declares stipulations prohibiting residents from keeping pets void and unenforceable

Kerala High Court: The High Court of Kerala has once again advocated for animal rights and welfare as the Division Bench of

Case Briefs Supreme Court

Mere renumbering of case file by the NIA Mumbai does not take away power of the ATS to continue investigation; SC affirms HC’s decision in Bombay bomb blast conspiracy case

“Mere receipt and recording of such information (through an FIR) by itself does not mean that the investigation has also commenced. Rather, the investigation commences when the police takes the first step (of proceeding to the spot or collecting evidence or speaking to a witness or arresting the accused person) on the basis of such information.”

Case Briefs High Courts

P&H HC | Challan filled without FSL report is not a complete challan under NDPS Act; HC grants bail to the man in alleged possession of 1.6 kg ganja

Punjab and Haryana High Court: Anupinder Singh Grewal, J., granted bail to the person accused of carrying 1.6 kg of ganja on

Case Briefs High Courts

Utt HC | Compartmentalization of vacancies based on academic qualification challenged; Court decides claims

Uttaranchal High Court: The Division Bench of Manoj Kumar Tiwari and Alok Kumar Verma, JJ., decided on a petition which was filed

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether the supplementary invoices relate to the date of original clearance or the date on which the supplementary invoice was raised? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Dilip Gupta (President) and P.V. Subba Rao (Technical Member) partly allowed

Case Briefs High Courts

Ker HC | No appeals will lie against ad interim orders in a pending case

Kerala High Court: P.B. Suresh Kumar and C.S. Sudha, JJ., held that ad interim orders cannot be impugned in an appeal under