Editor, Author at SCC Times

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Stock brokers restricted from accepting new clients for making third party transfers-Usual practice for Fraudulent Trade Practices

Securities and Exchange Board of India- Ananta Barua, Whole Time Member, while agreeing with the Enquiry Report, restrained SIC Stocks and Services

Case Briefs High Courts

Raj HC | Constitutional Morality to override societal morality; Directs live in partners where the lady is married to another man to make representation before the Station House Officer and necessary orders may be passed

Rajasthan High Court: Pushpendra Singh Bhati J. disposed of the instant petition with a direction to the petitioners to appear before the

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | On not finding flaws in the NCLT order, abstains from interfering- Petitioner not being authorised under S.7 IBC, lacks locus standi

National Company Law Appellate Tribunal (NCLAT)- The Coram of Justice Jarat Kumar Jain (Judicial Member), Ashok Kumar Mishra (Technical Member), and Alok

Case Briefs Supreme Court

“Strict rules of evidence are not applicable to a Departmental Enquiry”; Supreme Court permits to exhibit case diary as a document in a departmental proceeding

Supreme Court: The Division Bench of L. Nageswara Rao and B.R. Gavai, JJ., held that strict Rules Of Evidence do not apply

Hot Off The Press News

CCI | Breweries brewing bilious buzz busted-United Breweries, Carlsberg, SABMiller involved in Cartelisation suffers a 750 Crore penalty

Competition Commission of India (CCI): In its recent press release, Competition Commission of India, while giving benefit of reduction in penalty under

Op Eds OP. ED.

Critical Analysis of the Need for “Authorised User Registration” and “Quality Monitoring” under GI Law

by Meenal Garg†

Op Eds OP. ED.

A Comprehensive Analysis on Reproductive Health and Surrogacy in India: A Study on the Law, Policy, and Practice

by Dr D. Radhika Yadav† and Pavan Kasturi††

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Principle of unjust enrichment wrongly invoked by the Commissioner in case of provisional assessment; Court allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Rachna Gupta (Judicial Member) allowed an appeal which was filed against the order of

Case Briefs High Courts

[Fake Lawyer] Ker HC | “If leniency is taken, just considering the fact that she is a young lady, it will be a shame for the whole judicial system”; HC dismisses bail application of infamous fake lawyer

Kerala High Court: Shircy V., J., dismissed the bail application of one Sessy Xavier, the infamous fake lawyer. The Bench stated, “The

Op Eds OP. ED.

Section 34 of the Arbitration and Conciliation Act, 1996: Whether Courts have the Power to Modify or Vary Arbitral Awards

by Rohan Tigadi*

Case Briefs High Courts

Ori HC | Discretion not to be exercised in blanket form which may otherwise lead to improper exercise of such power and will frustrate object of grant of compensation under Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 2020

Orissa High Court: K. R Mohapatra J. allowed the appeals and directed to disburse the awarded amount by liquidating the fixed deposits,

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | In last meeting of CoC, unreasonable pushed in ‘success fee’ appears like an afterthought-Affirms proportionate distribution

National Company Law Appellate Tribunal (NCLAT): The Coram of Justice A.I.S. Cheema, Officiating Chairperson and Alok Srivastava, Technical Member while dismissing an

Case Briefs Foreign Courts

Pak SC | “Courts around the globe have a role to play in reducing effects of climate change for our generation and for generations to come”, Notification banning establishment and expansion of existing cement plants in “Negative Area” challenged; Court dismisses petition explaining environmental concerns

Supreme Court of Pakistan: The Division Bench of Manzoor Ahmad Malik and Syed Mansoor Ali Shah, JJ., heard petition which arose from

Case Briefs High Courts

Jhar HC | S. 106 of the Factories Act is of mandatory nature, courts cannot condone delay; Says HC

Jharkhand High Court: Sanjay Kumar Dwivedi, J., held that Section 106 of the Factories Act is mandatory in nature and the Courts

Case Briefs High Courts

Ker HC | A case of wanton negligence and callousness of petitioner; HC rejects application for amendment making inconsistent and alternative pleadings in written statement

Kerala High Court: V.G.Arun, J., held that no amendment can be allowed in written statement where it seeks to change former admissions.

Case Briefs High Courts

J&K and Ladakh HC | Will a rumourous tweet make one legally liable even when one deletes it on coming to know it to be untrue? HC decides

Jammu & Kashmir and Ladakh High Court: Rajnesh Oswal, J., quashed the FIR against activist Sushil Pandit with regard to one of

Case Briefs

MP HC | Rule 2(13) read with Entry 3 and 4 of Schedule I of the Madhya Pradesh Medical Admission Rules, 2018 violative of Articles 14 and 19(1)(g) of the Constitution? Court explains in writ filed by Private Universities

Madhya Pradesh High Court: The Division Bench of Mohammad Rafiq, CJ. and Vijay Kumar Shukla, J., heard a writ petition which was

Case Briefs High Courts

HP HC | “Granting interim maintenance is similar to giving first aid”; Maintenance granted to wife under S. 125 CrPC; Solemnization of marriage under challenge is subject to proof

Himachal Pradesh High Court: Anoop Chitkara J. remarked “There is neither any illegality nor the maintenance beyond the petitioner’s means; as such,

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Even when an assessee has suppressed facts, the extended period of limitation can be invoked only when “suppression‟ or “collusion” is wilful with an intent to evade payment of duty; Tribunal decides

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Dilip Gupta (President) and C.J. Mathew (Technical Member) allowed an appeal