Editor, Author at SCC Times

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

Case Briefs High Courts

Sikk HC | Sole testimony of a deaf and dumb woman, unable to answer questions not reliable enough to convict rape accused; Court dismisses petition

Sikkim High Court: The Division Bench of Jitendra Kumar Maheshwari, CJ. and Meenakshi Madan Rai, J., dismissed a criminal leave petition which

Case Briefs High Courts

[Tikri Border Rape] P&H HC | Evidences point towards complicity of the accused; HC rejects plea for anticipatory bail

Punjab and Haryana High Court: Rajesh Bhardwaj, J., denied anticipatory bail to the petitioner, a member of Kisan Union Delegation who was

Case Briefs Foreign Courts

SCOTUS decides to go with the landlords and end the federal moratorium on residential evictions imposed by the CDC

Supreme Court of The United States: While deciding upon the instant emergency application brought in by the Alabama Association of Realtors challenging

Case Briefs Supreme Court

Idiosyncrasies of colloquial terms, used for naming accused, could well be the difference between his conviction and acquittal: Supreme Court

Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hrishikesh Roy, JJ. took the liberty of disagreeing with one of the

Case Briefs High Courts

J&K and Ladakh HC | Can FIR containing allegations which set police in motion, be quashed at threshold stage? HC answers

Jammu & Kashmir and Ladakh High Court: Ali Mohammad Magrey, J., held that FIR under Section 482 of CrPC cannot be quashed

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT| Evaluation of CoC wisdom, beyond the purview of NCLT-Is expected ‘just’ to initiate liquidation process rather

National Company Law Tribunal, Hyderabad Bench: The Coram of Madan B Gosavi (Judicial Member) and Veera Brahma Rao Arekapudi (Technical Member) was

Case Briefs High Courts

HP HC | Victim of sexual offence cannot have any locus standi to approach Court for quashing FIR registered for the sexual assault alleged

Himachal Pradesh High Court: Anoop Chitkara, J. dismissed the petition being devoid of merits. The factual matrix of the case is such

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Titan on Insider Trading-Violations by 6 employees of TCL attracts Penalty | Holds-contravention disregards both honest and dishonest ignorance

Securities and Exchange Board of India (SEBI): Soma Majumdar, Adjudicating Officer, in six separate Adjudication Orders, while holding the Noticees liable for

Case Briefs High Courts

Ker HC | CGST registration; HC dismisses petition challenging cancellation registration on observing undue delay and carelessness on part of petitioner

Kerala High Court: A.M. Badar, J., dismissed the petition challenging cancellation of CGST registration observing that the petitioner had remedy of challenging

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Can service tax be charged on the commission which is the difference between the telephone recharge amount received from customers and amount out of the same paid to telecom companies? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Ramesh Nair (Judicial Member) and Raju (Technical Member) allowed an appeal

Case Briefs High Courts

Chh HC | “Sexual intercourse by husband would not constitute an offence of rape even if it was by force or against her wish”; Can a wife initiate proceedings against her husband for unnatural sex under S. 377 IPC?

Chhattisgarh High Court: N K Chandravanshi, J. partly allowed the revision petition by discharging the applicant of charge under Section 376 Penal

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | On not finding any justifiable reason to revoke interim ex-parte order, continues to stand–Protects the interests of investors

Securities and Exchange Board of India (Sebi): Madhabi Puri Bach, Whole Time Member, on not finding any justifiable reason to revoke or

Case Briefs High Courts

J&K and Ladakh HC | Can Shayara Bano’s judgment be invoked retrospectively to declare triple talaq pronounced before Sharaya Bano’s case null and void? HC answers

Jammu & Kashmir and Ladakh High Court: Sanjeev Kumar, J., held that the judgment of Shayara Bano v. Union of India,(2017) 9

Case Briefs High Courts

Tri HC | Mere honesty and admission of charge are not the grounds for tempering with the order passed by disciplinary authority; Court dismisses appeal

Tripura High Court: Akil Kureshi, CJ., dismissed a petition which was filed challenging an order passed by the Director of Elementary Education

Case Briefs High Courts

Ker HC | Syllogistic scope of Ss. 11(5) and 11(6) of the Arbitration Act, 1996; HC unclouds the line

Kerala High Court: Devan Ramachandran, J., held that parties to arbitration cannot nominate the arbitrator even if the Arbitration Agreement provides so.

Case Briefs High Courts

Chh HC | “Petitioners’ status is that of a Guest Lecturer but that does not mean that they do not have any right”; Protection granted to contractual Guest Lecturer from being replaced by another set of Guest lectures

Chhattisgarh High Court: P. Sam Koshy, J. held that protection granted to the petitioner will not preclude the State Government from going

Case Briefs Supreme Court

Economic criterion cannot be sole basis of identifying ‘creamy layer’ amongst backward classes: SC strikes down 2016 Notification issued by Haryana Govt.

Supreme Court: A Division Bench of L. Nageswara Rao and Aniruddha Bose, JJ., quashed the notification dated 17-8-2016 issued by State Government

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | ‘The moment a pre-existing dispute is established, IBC disenthralls itself’– Dismisses Application

National Company Law Tribunal, New Delhi: The Coram of Abni Ranjan Kumar Sinha, (Judicial Member) and L.N. Gupta (Technical Member) dismissed an

Case Briefs High Courts

Utt HC | Right to promotion is not a vested right, however, right to be considered for promotion is a FR; Court issues directions to the State

Uttaranchal High Court: The Division Bench of Manoj Kumar Tiwari and Alok Kumar Verma, JJ., heard and disposed of a petition which