Editor, Author at SCC Times

“Voluntary retirement v/s Resignation”; Supreme Court cogitates technicalities of legal terms and their implication in Armed Forces

“Having tendered ‘resignation’, the respondent had to suffer the consequences and could not be permitted to take ‘U’ turn and say that what the respondent wanted was ‘premature retirement’ and not ‘resignation’.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | Deducing from the acts and the tactics of the corporate debtor failing the test of legality, initiates CIRP

National Company Law Tribunal, Mumbai Bench, Mumbai- The Coram of Ashok Kumar Borah, Judicial Member, and Shyam Babu Gautam, Technical Member while

Op Eds OP. ED.

What is the Impact of the FPCE Judgment on MOFA

by Dormaan Jamshid Dalal*

Case Briefs High Courts

MP HC | Whether the accused can be allowed to languish in jail or not when the prosecution itself is not in a position to provide DNA test report? Court answers

Madhya Pradesh High Court: G.S. Ahluwalia, J., allowed a bail application which had been filed in connection with Crime No.337/2020 registered by

Op Eds OP. ED.

The Model Tenancy Act, 2021: A Step Forward

by Abhishek Gulatee[1]

Case Briefs Tribunals/Commissions/Regulatory Bodies

CBI | Does not find any fault in the coda but questions the agenda | Accepts CBI’s closure report but questions the investigation

Central Bureau of Investigation (CBI): Shivank Singh, Special Judicial Magistrate (CBI), while accepting the closure report questioned the delayed investigation by the

Case Briefs

Tax liability of a power generator (which also manufactures sugar) supplying electricity to a distributor, whether a Question of law or of fact? Supreme Court clarifies

Whether the State had the legislative competence to levy duty on the sale of electricity to an intermediary distributor is a question of law.

Case Briefs High Courts

Gau HC | “Illegal detention or kidnapping is a pre-requisite for invoking writ of habeas corpus”; HC holds habeas corpus doesn’t apply on missing cases

Gauhati High Court: Kalyan Rai Surana, J., held that the writ of habeas corpus cannot be invoked unless there is an allegation

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | “Pandya ka Sauda” turns out to be the “Aakhri Sauda” for anchor and 5 other entities for the fraudulent trade activity-Ex parte interim order

Securities and Exchange Board of India (SEBI): Madhabi Puri Bach, Whole Time Member, in its ex-parte interim order restrained the anchor and

Case Briefs High Courts

Gau HC | Rule 12(3)(iv) of the Assam Secondary Education (Provincialised Schools) Rules, 2018 challenged; Court dismisses petition

Gauhati High Court: Soumitra Saikia, CJ., dismissed a petition which was filed challenging the provisions under Rule 12(3)(iv) of the Assam Secondary

Op Eds OP. ED.

Does Unsecured Loan with No Returns have the Effect of Time Value of Money and be Covered under the Commercial Borrowing under the IBC Code?

by Love Kumar Gupta† and Angad Sandhu††

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Recourse to revocation should be taken in extreme circumstances only and not in respect of violations for which there are other provisions to deal with them; Tribunal partly allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Division Coram of Sulekha Beevi C.S. (Judicial Member) and P. Anjani Kumar (Technical

Case Briefs High Courts

Raj HC | Convenience of the wife is to be preferred over the convenience of the husband in transfer petitions relating to matrimonial disputes

Rajasthan High Court: Chandra Kumar Songara J. allowed the petition of the wife-petitioner on the grounds of having a child, no source

Case Briefs High Courts

Ker HC | No final report and no cognizance signify there is no pending criminal proceeding; HC lays down parameters governing issuance of passport in a criminal case

Kerala High Court: Bechu Kurian Thomas, J., held that if the final report had not been filed and no cognizance had been

Case Briefs High Courts

[Rape] Kar HC | Guilt of the accused can be established only after examination of all the witnesses as desired by the prosecution; Matter remitted back to adduce necessary evidence

Karnataka High Court: A Division Bench of G I Narendar and M I Arun JJ. allowed the appeal and set aside the

Case Briefs Supreme Court

Whether registration of family settlement not “affecting” immovable property compulsory? Supreme Court decides admissibility of such settlement as evidence

“If the Khararunama by itself, does not ‘affect’ immovable property… there would be no breach of Section 49(1)(c), as it is not being used as evidence of a transaction effecting such property.”

Op Eds OP. ED.

Stalemate, Speaker, and the Constitution

by Uday Shankar†

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI| Monotonous modus operandi, modulated endgame |Issue of GDR, artificial arrangement, supported by the subscribing Company itself-Restrained and to disgorge

Securities and Exchange Board of India (SEBI)-G Mahalingam, Whole Time Member, in a detailed 95 paged order, while disposing off the proceedings

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT denies grant of any relief to the person invalidated from service due to Alcohol Dependence Syndrome

“All efforts are made by military doctors and the organization to help a soldier who has become a victim of ‘Alcohol Dependence Syndrome’ and only when all efforts fail the soldier is invalided out on ground of ‘Alcohol Dependence Syndrome”.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT| Finds raising a late ‘pre-existing dispute’, spurious and to avoid action under IBC| Denies to stay CIRP

National Company Law Appellate Tribunal (NCLAT) -The Coram of Justice Jarat Kumar Jain and Alok Srivastava, Technical Member while deciding an appeal