Editor, Author at SCC Times

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Merely mentioning in Discharge book that cause of death was aggravated by military service not sufficient; Tribunal emphasises on need for medical opinion for Special Pension

Armed Forces Tribunal (Lucknow Bench): The Division Bench of Justice Umesh Chandra Srivastava, Member (J) and Vice Admiral Abhay Raghunath Karve, Member

Case Briefs Supreme Court

“NCLT can encourage settlements, it cannot direct it by acting as courts of equity” SC holds NCLT has limited powers to either admit or reject an application u/s 7(5) of IBC

Supreme Court: The Division Bench comprising of Dr Dhananjaya Y Chandrachud* and A S Bopanna, JJ., held that the powers of NCLT

Case Briefs Foreign Courts

SL CoA | Can a conviction stand solely on the uncorroborated testimony of the complainant? Court clarifies

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Division Bench of Devika Abeyratne and P. Kumararatnam, JJ., allowed

Case Briefs Foreign Courts

SL CoA | Defence of sudden and grave provocation can’t be granted; Court explains

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Division Bench of K Priyantha Fernando and Sampath B Abayakoon,

Op Eds OP. ED.

Residential Status of a Company under the Income Tax Act, 1961

by Paridhi Jain*

Case Briefs Foreign Courts

Is rejection to issue “X” marker (unspecified) passport for non-gendered people violative of right to respect for private life and discriminatory under EU Convention? UK SC decides

United Kingdom Supreme Court: Rejecting the demand for “X” marker passport (unspecified gender) for non-gendered people, the Bench of Lord Reed, President

Case Briefs Supreme Court

Conspiracy and abetment of corruption; SC holds section 13 of Prevention of Corruption Act cannot be invoked against non-public servant

Supreme Court: While dealing with a case of abetment and conspiracy for commission of criminal misconduct by public servant, the Division Bench

Case Briefs High Courts

Cal HC | “Circumventing invocation of Bank Guarantee justified in matters of irretrievable injustices and special equities”: Court rejects application

Calcutta High Court: Moushami Bhatacharya J., while rejecting vacating application of an order of injunction on Yes Bank held that “an unconditional

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Suppression of facts in the nature of ‘undeclared goods’ and ‘misdeclared good’ resulting in confiscation made under S. 28 (4), held to be valid and proper

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Sulekha Beevi (Judicial Member), dismissed the appeal against the order of Commissioner of Customs

Case Briefs High Courts

Trafficked then thrown into prostitution; HC addresses plight of minor girl, directs District Judges to sensitize judicial officers about provisions of POCSO and JJ Act

Patna High Court: While addressing the plight of a minor girl who was first trafficked by her own maternal uncle and was

Case Briefs Supreme Court

Bank not a trustee of money deposited by Customers; Supreme Court holds the relationship between customer and Bank is one of a creditor and a debtor and not of a trustee

Supreme Court: The 3-Judge Bench of N.V. Ramana, CJ., Surya Kant* and Hima Kohli, JJ., held that the Bank is not the

Legislation Updates Statutes/Bills/Ordinances

National Institute of Pharmaceutical Education and Research (Amendment) Act, 2021 declares six institutes of national importance

The Ministry of Law and Justice has passed the National Institute of Pharmaceutical Education and Research Act, 2021 on December 18, 2021.

Op Eds OP. ED.

Hunch to Preserve the Telecom Sector Becomes a Window to Sabotage Concluded Resolution Processes

by Anurag Tripathi* and Naman Singh Bagga**

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Rejection of refund on the ground of limitation not justified; Appeal allowed

Customs, Excise & Service Tax Appellate Tribunal (CESTAT): Sulekha Beevi C.S., J. (Judicial Member) allowed an appeal wherein the refund was rejected

Case Briefs High Courts

What is the legal status in case of a Muslim man regarding payment of maintenance to ex-wife beyond iddat period if she remains un-remarried and unable to maintain herself? Kar HC analyses

Karnataka High Court: Krishna S. Dixit dismissed the petition being devoid of merits. The facts of the case are such that the

Case Briefs High Courts

Megh HC | Constitution of the new School Managing Committee ordered; Petition held to be infructuous

Meghalaya High Court: W. Diengdoh, J. dismissed a petition which was to decide on the issue of revocation of the constitution of

Case Briefs District Court

Call records alone cannot be pressed into service for framing charges; Court discharges accused of Organized Crime Syndicate under MCOC Act holding CDRs not sufficient evidence

Patiala House Courts (New Delhi): While discharging the accused from alleged offences under Sections 3 and 4 of MCOC Act, Sh. Parveen

Case Briefs Supreme Court

“Contempt is between contemner and the Court”; SC cites R.N. Dey’s case to hold aggrieved party has no right to insist that court should exercise contempt jurisdiction

Supreme Court: The Division Bench of R. Subhash Reddy* and Hrishikesh Roy, JJ., held that once the fresh notification is issued by

Legislation Updates Statutes/Bills/Ordinances

Election Laws (Amendment) Bill to link electoral rolls with Aadhar

The Lok Sabha has passed the Election Laws (Amendment) Bill, 2021 on December 20, 2021 which seeks to link electoral rolls with

Case Briefs High Courts

Chh HC directed orders against moratorium/ban on the opening of the new Colleges and Institutions for imparting B. Pharma and D. Pharma courses in the entire Country for a period of five years

Chhattisgarh High Court: P. Sam Koshy allowed the interim application and stated that the final approval and permission is subject to the