Editor, Author at SCC Times

Scope of Interference under Article 226 of the Constitution of India in Contractual Matters – Need for Certainty in Jurisprudence

by Ashwini Chawla† and Aditya Pratap Singh Rathore††

SC resolves quandary over interplay of S. 9 and S. 17 of Arbitration Act, answers whether court can entertain application for interim measures after arbitral tribunal has been constituted

Supreme Court: A Division Bench comprising of Indira Banerjee and J.K. Maheshwari, JJ. held that once an Arbitral Tribunal is constituted, the

Case Briefs High Courts

Tri HC | Service of notice of meetings of the advisory board necessary specifying list of business to be transacted; Court allows appeal explaining Tripura Plantation Labour Rules, 1954

Tripura High Court: The Division Bench of Akil Kureshi, CJ. and S.G. Chattopadhyay, J., allowed an appeal which was filed challenging the

Case Briefs High Courts

[Post Poll Murder] Ker HC | Rejection of bail would result in protraction of trial and indefinite detention; HC grants bail to Communist Party activists in post-poll murder case

Kerala High Court: K.Haripal, J., granted bail to the accused involved in post poll murder case of a Muslim League member. The

Case Briefs Supreme Court

Resolution Applicant under IBC not allowed to withdraw/modify its Resolution Plan, once submitted for approval of NCLT: Supreme Court

Supreme Court: A Division Bench of Dr D.Y. Chandrachud and M.R. Shah, JJ. has held that under Insolvency and Bankruptcy Code, 2016,

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | What is the role of will/intention in evasion of payment of duty? Tribunal explains

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Rachna Gupta (Judicial Member) allowed an appeal in relation to evasion of payment of

Case Briefs High Courts

MP HC | Transfer of the only teacher in school stayed until State’s reply; Court holds order as illegal, without application of mind and contrary to the public policy

Madhya Pradesh High Court: Sanjay Dwivedi, J., decided in the matter of a petition which was filed challenging an order whereby the

Case Briefs High Courts

Jhar HC | “Duty of Forest Guards is to guard not only forest but also animals”; HC emphasises on need to protect fauna along with flora

Jharkhand High Court: The Division Bench of Ravi Ranjan, CJ., and Sujit Narayan Prasad, J., addressed the disturbing incident pertaining to death

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Everything You Need to Know About Music Sampling: The Indian Perspective

by Prashanth S. Shivadass and Rachana Pise*

Case Briefs High Courts

Raj HC | Court directs State to abide by the guidelines framed by the Centre for vaccination of the Transgenders

Rajasthan High Court: The Division Bench of Sangeet Lodha and Vinit Kumar Mathur, JJ., disposed off a petition with directions which was

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The Singapore Mediation Convention: A Long Pending Catharsis for Mediation and an Urgent Need for India to Ratify

by Iram Majid†

Case Briefs High Courts

Pat HC | Difficult to fathom Corpn. was oblivious of Statutory requirements; HC comes down heavily on Patna Municipal Corpn. for failure to get its vehicles registered under MV Act

Patna High Court: The Division Bench of Sanjay Karol, CJ., and Partha Sarthy, J. slammed Patna Municipal Corporation for operating its vehicles

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Refusal to sign Form FA- A material irregularity but the other relevant considerations to not initiate CIRP gains primacy-Abuse of process obviated

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

Case Briefs Supreme Court

Mere legal principles not sufficient in medical negligence cases: SC absolves doctor and hospital of liability for medical negligence

Supreme Court: A Division Bench comprising of Hemant Gupta and A.S. Bopanna, JJ. absolved a doctor and a hospital of liability for

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Whether Section 148-A CPC applies to writ petitions filed under Article 226 of the Constitution

by Dormaan Jamshid Dalal*

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Is demand of service tax of reverse charge basis in respect of commission to a foreign entity valid? Tribunal explains

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Raju (Technical Member) partly allowed an appeal which was field against the demand of

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Decriminalisation of Politics: Does Section 8 of the Representation of the People Act, 1951 Pass the Muster of Rationality

by Wasim Beg*, Swarnendu Chatterjee**, Garvish Jain*** & Monika Prajapat****

Case Briefs High Courts

Jhar HC | Mere holding ticket for passenger train will not suffice purpose to declare deceased not a bonafide passenger under S. 2 (29) in a benevolent legislation like Railways Act, 1989; Contrary evidence must

Jharkhand High Court: Kailash Prasad Deo J. allowed the appeal and directed respondent-Railway to pay a sum of Rs 8 Lacs in

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The AGR case — Aggressively Gathering Revenue | Union of India v. Assn. of Unified Telecom Service Providers of India: A case comment

by Kajol A. Punjabi†

Case Briefs Supreme Court

“There is a disturbing tendency of courts setting aside arbitral awards …”: SC upholds arbitration award of Rs 2728 crore plus interest in favour of Delhi Airport Metro Express (P) Ltd.

Supreme Court: A Division Bench comprising of L. Nageswara Rao and S. Ravindra Bhat, JJ. upheld the arbitral award of Rs 2782.33