Editor, Author at SCC Times

Pat HC | Constable dismissed from service after video of him consuming alcohol went viral on internet; HC sets aside dismissal for lack of evidence

Patna High Court: Chakradhari Sharan Singh, J., set aside the order of dismissal of a constable who was removed from service in

Case Briefs Supreme Court

‘Half a century old litigation, we wish it is the knock out round!’ SC holds objections can’t be raised in instalments; Res judicata applicable on execution proceedings

“…the case on hand is fit to be included in the syllabus of a law school as a study material for students to get equipped with the various provisions of the Code relating to execution.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

CBI | Cremation of rights could not burn Justice on pyre | Lambasted UP Police for ‘shoddy investigation’, orders for further investigation

Central Bureau of Investigation, CBI, Ghaziabad- Shivank Singh, Special Judicial Magistrate (CBI), while rejecting the closure report of the CBI, accepted the

Case Briefs Supreme Court

Municipal Council Delhi, whether owner or licensee of the land transferred by the Government? Supreme Court clarifies nature of the title

“…the letters dated 21-05-2008 and 08-07-2008 are interdepartmental communication and not any policy decision or circular meant for public. Thus, such interdepartmental communications are not the enforceable orders of the Union or of the Council.”

Case Briefs High Courts

Utt HC | Bail granted in Narcotic Drugs and Psychotropic Substances Act, 1985 case; Court differentiates possession of small quantity from commercial quantity

Uttaranchal High Court: Alok Kumar Verma, J., allowed a bail application which was filed for grant of regular bail for the offence

Case Briefs High Courts

Guj HC | Man’s conviction set aside in charges for raping minor wife; Non-interference by Court would reduce the lady and two children without shelter

Gujarat High Court: Paresh Upadhyay, J., allowed an appeal which was filed against the judgment and order passed by the Special Judge

Case Briefs High Courts

Ker HC | Militant Trade Unionism, Gawking wages; HC emphasises over need for proactive approach by the government and stringent actions against the wrongdoers

Kerala High Court: Commenting on the history of militant trade unionism in the State of Kerala Devan Ramachandran, J. called it an

Case Briefs

Jawaharlal Nehru Urban Housing and Slum Development Scam; Supreme Court refuses to stay proceedings, upholds High Court’s order

“…the absence of reasons struck at the legitimacy of the impugned judgment. It caused prejudice no doubt, to the extent that the appellants were unable to furnish grounds on which their special leave petitions were based.”

Case Briefs High Courts

J&K and Ladakh HC | Teenager dies due to electrocution; HC grants 3 lakhs compensation holding State strictly liable for negligence in maintaining transmission lines

Jammu & Kashmir and Ladakh High Court: Sanjeev Kumar, J., applied the principle of strict liability to grant compensation to the petitioners

Case Briefs High Courts

Tri HC | Whether mere act of a bandh call and blocking of a highway would constitute the offence punishable under S. 8-B of the National Highways Act, without any element of mischief? Court analyzes

Tripura High Court: Akil Kureshi, CJ., decided on a matter wherein the petitioners had prayed for quashing and setting aside various first

Op Eds OP. ED.

Decoding Winding up by Special Resolution under the Companies Act, 2013

by Saai Sudharsan Sathiyamoorthy and Chandramouli Prabhakar*

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Calibrated efforts cancelling out the chance of coincidence of matching trades in illiquid scrip does not go scot free-Restricted from the market for manipulation

Securities and Exchange Board of India (SEBI)-Madhabi Puri Buch, Whole Time Member, while exercising powers under Section 19 read with Sections 11(1),

Case Briefs High Courts

Ker HC | “No matter how old she may be, sometimes a girl just needs her mom.” HC holds a married daughter and maternal parents are entitled to claim compensation under MV Act

Kerala High Court: C.S. Dias, J., held that a married daughter and parents of the deceased woman are legal representative under the

Op Eds OP. ED.

Contempt of Court

by Nihit Singhal†

Op Eds OP. ED.

Arbitrability of Disputes under Sections 241 and 242 of the Companies Act, 2013

by Shreni Shetty†

Case Briefs High Courts

Ori HC | Adverse possession is a right which comes into play not just because someone loses his right to reclaim the property out of continuous and wilful neglect but also on account of possessor’s positive intent to dispossess-one

Orissa High Court: D. Dash J. dismissed the second appeal being devoid of merits. The Appellant filed the instant appeal under Section

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | Debt acknowledged in emails, CIRP initiated resultantly-Appoints IRPM and declares moratorium

National Company Law Tribunal, New Delhi Bench, New Delhi –The Coram of P.S.N Prasad, Judicial Member and Narender Kumar Bhola, Technical Member

Case Briefs High Courts

[RTI] HP HC | Birth and Death Register are public documents and admissible under S. 35 of the Indian Evidence Act, 1872; To be given even if asked on a simple paper

Himachal Pradesh High Court: Tarlok Singh Chauhan J. directed all the Panchayat Secretaries in the State of Himachal Pradesh to provide death

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | GDR| Catches the principal architect in activation & orchestration of the fraudulent scheme –Leaves one being ‘under liquidation’, rest restrained from accessing the market

Securities and Exchange Board of India (SEBI)-G Mahalingam, Whole Time Member, restricted the entities from the securities market, involved in the fraudulent