Editor, Author at SCC Times

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Duping investment advisory, non-co-operation in inspection, blaming undocumented employees, request to de-freeze account with Rs 1,298 | Convoluted statements and demands- Affirms Interim Order

Securities Exchange Board of India (SEBI): Madhabi Puri Bach, Whole Time Member, while affirming ex-parte ad Interim Order on not finding any

Case Briefs High Courts

MP HC | Flag Code is not “law” under Art. 13 of Constitution, but mere compendium of executive instructions; flying of National Flag between sunset and sunrise not contemptuous

Madhya Pradesh High Court: S.A. Dharmadhikari, J., allowed a petition which was filed invoking inherent powers of this Court under Section 482

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | ‘Reasonable opportunity to be heard’ to initiate inquiry is ‘unreasonable’: Show cause notice is abundant while ‘opportunity’ is redundant

Securities Appellate Tribunal, Mumbai (SAT): The Coram of Justice Tarun Agarwala, (Presiding Officer) and Justice M.T. Joshi (Judicial Member), while dismissing the

Case Briefs High Courts

Megh HC | State not to insist on production of Aadhaar Card as the only proof of identity for vaccination

Meghalaya High Court: The Division Bench of Biswanath Somadder, CJ. and H.S. Thangkhiew, J. heard a PIL which was filed with two

Case Briefs High Courts

Kar HC granted maternity leave to senior resident doctor employed on contract basis who was denied the same by Joint Director, ESIC Medical College & Hospital, Kalaburagi

Karnataka High Court: Nataraj Rangaswamy, J., allowed the petition and granted maternity leave by setting aside the impugned order. The facts of

Op Eds OP. ED.

The Essentials of an Option Agreement

by Anjana Menon†

Case Briefs Supreme Court

Issue-wise analysis of why SC ordered demolition of illegal twin towers constructed by Supertech, prosecution of NOIDA and Supertech officials for collusion and possible statutory violations

‘The law must step in to protect legitimate concerns of residents whose quality of life is directly affected by the failure of

Case Briefs High Courts

Chh HC | The principle of ‘No Work No Pay’ would not be applicable where the rule expressly direct otherwise; Matter remitted back to consider grant of full pay and allowances

Chhattisgarh High Court: Sanjay K Agrawal, J., allowed the writ petition and remitted the matter to the appellate authority to consider the

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Abysmal standards of service to investors, violation of maturity dates of FMP: Kotak Mahindra mulcted and trammelled from launching FMP

Securities Exchange Board of India (SEBI): S.K. Mohanty, Whole Time Member while imposing penalty under Section 11B(2) read with Section 15D(b) and

Case Briefs High Courts

P&H HC | Huge recovery of contraband drug, failure to register FIR under NDPS Act; HC senses attempt to protect the offender by the authority; hands over the case to CBI

Punjab and Haryana High Court: Arvind Singh Sangwan, J., came down heavily on State Authorities for discrepancies in investigation of the NDPS

Case Briefs High Courts

Pat HC | Victim’s Right to appeal; Is there a right conferred on victim to appeal for enhancement of sentence? HC answers

Patna High Court: The Division Bench of Ashwani Kumar Singh snd Arvind Srivastava, JJ., reiterated that a victim has no right to

Case Briefs High Courts

Ori HC | “India will be free when the women feel safe to walk in the streets of India in the midnight”; Conviction upheld under S. 341 IPC and S. 4 of POCSO Act

Orissa High Court: S. K. Sahoo, J., dismissed the petition being devoid of merits and upheld the conviction passed in the impugned

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Unambiguous Supreme Court, Univocal SEBI | Believes and balked, mens rea to shudder provisions of Chapter VI A- If imputes would impede

Securities and Exchange Board of India (SEBI): Prasanta Mahapatra, Adjudicating Officer, while imposing a penalty of ₹6,00,000/- on Capital First Ltd. (Noticee),

Case Briefs High Courts

J&K and Ladakh HC | Would refusal to repay loan amount to abetment of suicide? HC answers

Jammu & Kashmir and Ladakh High Court: While dealing with the intriguing question regarding criminal liability of a debtor of abetment of

Case Briefs High Courts

Chh HC | Can writ court decide whether Nazul property (lease hold lands) be dedicated for waqf? HC observes

Chhattisgarh High Court: A Division Bench of Prashant Kumar Mishra and Rajani Dubey JJ. disposed of the petition holding that Public Interest

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | The word ‘liquid instrument’ wide enough to include ICDs while ‘Corporate’ substantiates the Prospectus: States assumption ‘stretched a bit too far’

Securities Appellate Tribunal (SAT): The Coram of Tarun Agarwala, Presiding Officer and M.T. Joshi, J. Judicial Member while allowing all the appeals

Case Briefs Supreme Court

Extend benefits of welfare schemes not only to children orphaned by Covid-19 but also to children orphaned during Covid-19: Supreme Court

Supreme Court: The Division Bench of L. Nageswara Rao and Aniruddha Bose, JJ., addressed the plight of children orphaned during Covid-19 pandemic.

Case Briefs High Courts

Guj HC | Distinction between ‘the law and order’ and ‘the public order’ needs to be kept in mind; Court decides in matter of detention under Gujarat Land Grabbing (Prohibition) Act, 2020

Gujarat High Court: Paresh Upadhyay, J., allowed petitions which were filed against the order passed by the District Magistrate whereby the petitioners

Case Briefs Foreign Courts

Supreme Court of Canada clarifies statute of limitation; explains the standard of plausible inference

Supreme Court of Canada: The 7-Judges Bench comprising of Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin and Kasirer, JJ., clarified the law related

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Personal properties of the Corporate Debtor cannot be realised by sale/transfer in the CIRP-NCLT and NCLAT at odds –Order stands quashed

National Company Law Appellate Tribunal (NCLAT): Justice A.I.S Cheema (The Officiating Chairperson) and Dr. Alok Srivastava (Technical Member)while allowing an appeal, quashed