Editor, Author at SCC Times

Sikk HC | Second appeal is maintainable if only the case involves a substantial question of law; Court dismisses appeal

Sikkim High Court: Bhaskar Raj Pradhan, J., dismissed the second appeal explaining that the second appeal is maintainable before the High Court

Case Briefs High Courts

Pat HC | Can a person be convicted for murder solely on the evidence gathered by the police sniffer dog? Court answers

Patna High Court: Noticing discrepancies in the Trial the Division Bench of Ashwani Kumar Singh and Anil Kumar Sinha, JJ., acquitted a

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether refund claim under R. 5 of CCR can be rejected on the ground that appellant did not debit amount of refund claimed at the time of filing refund claim, but have debited such amount subsequent to the filing of refund claim but before adjudication?

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial Member) allowed an appeal which was filed bearing the issue as

Case Briefs High Courts

Ker HC | “There is gulf of difference between consent and submission”; HC affirms conviction of person accused of raping his own daughter

Kerala High Court: R. Narayana Pisharadi, J., confirmed the conviction of person accused of raping his own daughter. Rejecting the defence that

Case Briefs High Courts

Pat HC | “Whether the firm was a partnership or proprietorship would be answered by way of a declaration in a proper constituted suit”; HC dismisses appeal seeking misguided relief

Patna High Court: The Division Bench of Sanjay Karol, CJ., and S. Kumar, J., denied to entertain an intra-court appeal against the

Case Briefs High Courts

Tri HC | Special Investigation Team constituted to conduct fair investigation in case of mob lynch of ST member; Court issues directions

Tripura High Court: The Division Bench of Akil Kureshi, CJ and S.G. Chattopadyay, J., decided in a petition which was filed by

Case Briefs High Courts

Ori HC | Whether the Commissioner/Director, Consolidation can entertain the petition at any point of time, where no period of limitation has been prescribed for invoking jurisdiction under S. 37 of the OCH & PFL Act?

Orissa High Court: A Division Bench of S K Mishra and Savitri Ratho, JJ., answered both the questions posed before it elaborately.

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Is hypertension a disability attributable to or aggravated by Military Service? Will Invalidation make one entitled to disability pension? Tribunal decides

Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava and Vice Admiral Abhay Raghunath Karve, Member (A) granted disability

Case Briefs High Courts

Ori HC | Whether Proviso to Sub-Section (5) of S. 43 of Real Estate (Regulation and Development) Act, 2016 is ultravires of Constitution of India? HC denies

Orissa High Court: A Division Bench of S.K. Mishra and Savitri Ratho, JJ., dismissed the petition being devoid of merits. The instant

Case Briefs High Courts

P&H HC| Whether derogatory remarks made during private conversation would attract provisions of SC & ST Act? Can a stranger to dispute invoke provisions of the Act?

“No FIR under SC&ST Act (can) be registered at the instance of third party, unless an opinion is sought from the District Attorney (Legal) that the complainant falls within the definition of victim as per SC&ST Act.”

Case Briefs High Courts

Utt HC │Article 21 is very precious fundamental right and should be curtailed only when it becomes imperative; Court grants anticipatory bail

Uttaranchal High Court: Alok Kumar Verma, J., allowed an application for anticipatory bail which was filed in connection with FIR registered for

Case Briefs Tribunals/Commissions/Regulatory Bodies

CAT| When subjective satisfaction of dispensing with the inquiry is not supported by any independent material, dispensing with holding the inquiry would be illegal

“If a preliminary inquiry could be conducted, there may not be any reason as to why formal departmental inquiry could not have been initiated against the delinquent.”

Case Briefs High Courts

Tri HC │TPSC directed to act in accordance with the recommendation made by the State to fill up the post of TCS

Tripura High Court: Arinadm Lodh, J., decided in the matter wherein four of the petitioners were holding the post of Chief Inspector

Case Briefs High Courts

HP HC | An apology for criminal contempt of court must be offered at the earliest since the belated apology hardly shows the “contrition which is the essence of the purging of contempt”

Himachal Pradesh High Court: Tarlok Singh, J., discharged the contempt notice and accepted the unconditional apology. The present petition was filed suo

Case Briefs High Courts

[Public Trust Doctrine] Kar HC | State largesse should not be marred by any arbitrariness while dealing with alienation of natural resources

Karnataka High Court: A Division Bench of Satish Chandra Sharma CJ and Sachin Shankar Magadum J allowed the petition, quashed the initial

Case Briefs Supreme Court

“Revenue record is not a document of title”; Mere mentioning of name in revenue records will not create any right, title or interest over forest land: SC

“It would be sufficient to describe the limits of the forest by roads, rivers, ridges or other well-known or readily intelligible boundaries for notification Section 4 of the Forest Act…specific details are not required.”

Case Briefs High Courts

Jhar HC | “A woman employee cannot be discriminated on the basis of mode of appointment”; HC holds a contractual employee is equally entitled to maternity benefits

Jharkhand High Court: S. N. Pathak, J., directed the State of Jharkhand to provide maternity benefits to a contractual employee whose demand

Legislation Updates Rules & Regulations

Applicant shall submit an undertaking for registration of medical device vide Draft Medical Devices (Amendment) Rules, 2021

The Ministry of Health and Family Welfare has notified the Draft Medical Devices (Amendment) Rules, 2021 vide notification dated October 12, 2021.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether the services provided by subsidiary company to its parent company in a foreign country could be treated as export of services? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial Member) allowed the appeals which were filed against the common Order-in-Appeal

Case Briefs High Courts

J&K and Ladakh HC | “Anyone possessing knowledge of who is who can name the Minister holding portfolio of works”; HC quashes defamation complaint against Arnab Goswami and Aditya Raj Kaul

Jammu & Kashmir and Ladakh High Court: Sanjay Dhar, J., quashed a defamation complaint filed against the Editor-in-Chief of Republic TV, Arnab