Editor, Author at SCC Times

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

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Determination of Liability and Interpretation of Terms of the Contract | DLF Ltd. v. Leighton India Contractors (P) Ltd.: A case comment

by Love Kumar Gupta†

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Without going into merits, adjudication proceedings abated considering the death of the Noticee

Securities and Exchange Board of India (SEBI): Prasanta Mahapatra, Adjudicating Officer, was of the view that the adjudication proceedings against the Noticee

Case Briefs High Courts

Kar HC | “Supplementary charge sheet is only an additional material collected against the accused persons”; S. 167(2) CrPC not applicable on supplementary charge sheets filed

Karnataka High Court: Rajendra Badamikar, J., dismissed the petition being devoid of merits. The factual matrix of the instant case is that

Case Briefs High Courts

Sikk HC | Court directs State to examine grievances; ensuring proper implementation of NFSA, 2013

Sikkim High Court: The Division Bench of Jitendra Kumar Maheshwari and Bhaskar Raj Pradhan, JJ., heard a petition which was filed seeking

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Resolution is Always Preferable to Liquidation

by Ivan† and Vivek Mathur††

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Trademarks: Distinctiveness is an Exception of Descriptiveness

by Tejas Singh*

Case Briefs High Courts

P&H HC | “Unholy Alliance”; HC denies protection to married woman who was residing in live-in with another man

Punjab and Haryana High Court: Calling it “unholy alliance”, Sant Parkash, J., denied protection to a married woman who was residing in

Case Briefs High Courts

J&K and Ladakh HC | “Specific mention of particular Court at particular place excludes jurisdiction of other courts”, says HC while addressing syllogistic issue of ‘venue’ and ‘seat’ of arbitration

Jammu & Kashmir and Ladakh High Court: Tashi Rabstan, J., while addressing the syllogistic issue of ‘venue and ‘seat’ of arbitration dismissed

Case Briefs Foreign Courts

SL CoA | Delay is a fatal error that would cause an application to be dismissed in limine; Revisionary power cannot be invoked due to callous disregard

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Division Bench of Menaka Wijesundera and Neil Iddawala JJ., dismissed

Case Briefs High Courts

Gau HC | “Both victim and accused are State’s future assets”; HC grants bail to IIT student accused of raping his junior

Gauhati High Court: Ajit Borthakur, J., granted bail to an IIT student accused of raping his junior. The Bench stated, “Both the

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Matter getting protracted, defeating the purpose of IBC; Orders NCLT to pass orders ‘one way or the other’

National Company Law Appellate Tribunal (NCLAT): The Coram of Judicial A.I.S. Cheema (The officiating Chairperson) and Dr Alok Srivastava (Technical Member) while

Case Briefs High Courts

Guj HC | State Authorities cannot be permitted to resort to stringent provisions like detention under PASA; Court allows petition

Gujarat High Court: Paresh Upadhyay, J., allowed the petitions which were filed apprehending detention under PASA in connection with the Complaint filed

Case Briefs Supreme Court

Supreme Court directs Madhya Pradesh HC to immediately decide validity of 100% reservation in more than 600 P.G. medical seats

Supreme Court: The Division Bench of L. Nageswara Rao and B. R. Gavai, JJ., directed the Madhya Pradesh High Court to immediately

Case Briefs High Courts

Ker HC temporarily suspends sentence of imprisonment to allow the applicant to perform religious rites and rituals of his deceased mother

Kerala High Court: The Division Bench comprising of K. Vinod Chandran and Ziyad Rahman A.A., JJ., temporarily suspended the sentence of the

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Guarantors: The Unspoken Exception to the Clean Slate Theory

by Amir Bavani* and Rhea Jayakumar**

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | With no prospects, substance and bleak chances of recovery, Resolution Professional seeks liquidation — With its acceptance, Nirav Modi’s Firestar dooms

National Company Law Tribunal (NCLT): The Coram of H.V. Subba Rao (Judicial Member) and Chandra Bhan Singh (Technical Member) while allowing the

Case Briefs High Courts

Guj HC | Appellate court’s reasoning of non-examination of scribe of Will wrong; Court allows appeal calling it serious error of law

Gujarat High Court: A.P. Thaker, J., allowed a petition which was filed aggrieved and feeling dissatisfied with the judgment and decree of

Case Briefs High Courts

J&K and Ladakh HC dismisses quashment petition of a person accused of causing detention of detenue by BSF due to personal enmity; allows bail application

Jammu & Kashmir and Ladakh High Court: Sanjeev Kumar, J., refused to quash trial against the petitioner who had been facing trial

Case Briefs Supreme Court

[Women in Army] Supreme Court issues interim direction allowing women to participate in NDA exams

Supreme Court: Taking a significant step towards gender equality, the Division Bench of Sanjay Kishan Kaul and Hrishikesh Roy, JJ., issued interim