Editor, Author at SCC Times

Non-filing of affidavit in Form 25; Is it fatal for maintainability of election petition? Supreme Court decides

“Once there is an affidavit, albeit not in Form 25, the appropriate course would be to permit an affidavit to be filed in Form 25.”

Yearly Round-up 2021| Supreme Court Constitution Bench

Unlike the year 2020, the Supreme Court Constitution Bench has functioned limitedly in the year 2021, with the number of judgments delivered

Case Briefs High Courts

Can FIR/ complaint in non compoundable offences pertaining to matrimonial disputes be quashed? HP HC lays down under what circumstances

Himachal Pradesh High Court: Chander Bhusan Barowalia J. disposed of the petition and quashed the FIR/complaint. The facts of the case are

Case Briefs Foreign Courts

SL CoA | Is it practically impossible to commit Rape without committing Grave Sexual Abuse? Court discusses

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Division Bench of K Priyantha Fernando and Sampath B Abayakoon,

Case Briefs High Courts

J&K and Ladakh HC | Divisional Commissioner not empowered to issue orders under S. 144 of CrPC; HC sets aside order declaring Unit dealing with Plastic Scrap a public nuisance

Jammu & Kashmir and Ladakh High Court: Sanjeev Kumar, J., held that the Divisional Commissioner, Kashmir, or the Deputy Director (E&S), is

Case Briefs Supreme Court

Notification to exempt land from acquisition under LA Act is not a quasi-judicial order; will not confer any vested rights to the landowner: Supreme Court

“It is trite to point out that an order secured by fraud and misrepresentation will not confer any vested right and that, therefore, the land owners cannot pitch their claim either on the basis of vesting or on the basis of Article 300A.”

Case Briefs High Courts

[RTI] Kar HC Bar on grant of information regarding investigation only when the matter is under investigation, contrary to which, no bar applies

Karnataka High Court: N S Sanjay Gowda J dismissed the petition being devoid of merits. The respondent 1’s son has ended his

Case Briefs Foreign Courts

SL SC | “Due Diligence necessary for exemption under Supreme Court Rules, 1990”; appeal rejected

Supreme court of Sri Lanka: The Full Bench of Justice Vijith K. Malalgoda, PC, Justice S. Thurairaja, PC and Justice E. A.

Case Briefs Supreme Court (Constitution/Larger Benches)

Aadhaar| When 4:1 majority refused to review the Aadhaar-5 Judges verdict but Justice Chandrachud dissented

Supreme Court: In spite of going through several rounds of litigation and long hours consideration, the Adhaar Controversy had once again popped

Case Briefs Foreign Courts

Equitable Apportionment applicable even where the natural flow is “extremely low”; SCOTUS dismisses Mississippi’s absolute ownership claim on its underground water

Supreme Court of the United States: While addressing inter-state water dispute between Mississippi and Tennessee, the Full Bench held that Mississippi’s ownership

Case Briefs High Courts

Manipur HC | Protection Officer and Legal-cum-Probation Officer to be a feeder post of the Deputy Director, Social Welfare

Manipur High Court: The Kh. Nobin Singh, J., directed that the Respondents shall consider the representation dated 2-12-2021 and dispose of the

Op Eds OP. ED.

Alive or Dead: Why the Concept of Investment in International Commercial Arbitration is the Definitive Thought Experiment in International Investment Arbitrations

by Mikhail Behl*

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Merely mentioning in Discharge book that cause of death was aggravated by military service not sufficient; Tribunal emphasises on need for medical opinion for Special Pension

Armed Forces Tribunal (Lucknow Bench): The Division Bench of Justice Umesh Chandra Srivastava, Member (J) and Vice Admiral Abhay Raghunath Karve, Member

Case Briefs Supreme Court

“NCLT can encourage settlements, it cannot direct it by acting as courts of equity” SC holds NCLT has limited powers to either admit or reject an application u/s 7(5) of IBC

Supreme Court: The Division Bench comprising of Dr Dhananjaya Y Chandrachud* and A S Bopanna, JJ., held that the powers of NCLT

Case Briefs Foreign Courts

SL CoA | Can a conviction stand solely on the uncorroborated testimony of the complainant? Court clarifies

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Division Bench of Devika Abeyratne and P. Kumararatnam, JJ., allowed

Case Briefs Foreign Courts

SL CoA | Defence of sudden and grave provocation can’t be granted; Court explains

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Division Bench of K Priyantha Fernando and Sampath B Abayakoon,

Op Eds OP. ED.

Residential Status of a Company under the Income Tax Act, 1961

by Paridhi Jain*

Case Briefs Foreign Courts

Is rejection to issue “X” marker (unspecified) passport for non-gendered people violative of right to respect for private life and discriminatory under EU Convention? UK SC decides

United Kingdom Supreme Court: Rejecting the demand for “X” marker passport (unspecified gender) for non-gendered people, the Bench of Lord Reed, President

Case Briefs Supreme Court

Conspiracy and abetment of corruption; SC holds section 13 of Prevention of Corruption Act cannot be invoked against non-public servant

Supreme Court: While dealing with a case of abetment and conspiracy for commission of criminal misconduct by public servant, the Division Bench

Case Briefs High Courts

Cal HC | “Circumventing invocation of Bank Guarantee justified in matters of irretrievable injustices and special equities”: Court rejects application

Calcutta High Court: Moushami Bhatacharya J., while rejecting vacating application of an order of injunction on Yes Bank held that “an unconditional