Editor, Author at SCC Times

Pak SC | “Courts around the globe have a role to play in reducing effects of climate change for our generation and for generations to come”, Notification banning establishment and expansion of existing cement plants in “Negative Area” challenged; Court dismisses petition explaining environmental concerns

Supreme Court of Pakistan: The Division Bench of Manzoor Ahmad Malik and Syed Mansoor Ali Shah, JJ., heard petition which arose from

Case Briefs High Courts

Jhar HC | S. 106 of the Factories Act is of mandatory nature, courts cannot condone delay; Says HC

Jharkhand High Court: Sanjay Kumar Dwivedi, J., held that Section 106 of the Factories Act is mandatory in nature and the Courts

Case Briefs High Courts

Ker HC | A case of wanton negligence and callousness of petitioner; HC rejects application for amendment making inconsistent and alternative pleadings in written statement

Kerala High Court: V.G.Arun, J., held that no amendment can be allowed in written statement where it seeks to change former admissions.

Case Briefs High Courts

J&K and Ladakh HC | Will a rumourous tweet make one legally liable even when one deletes it on coming to know it to be untrue? HC decides

Jammu & Kashmir and Ladakh High Court: Rajnesh Oswal, J., quashed the FIR against activist Sushil Pandit with regard to one of

Case Briefs

MP HC | Rule 2(13) read with Entry 3 and 4 of Schedule I of the Madhya Pradesh Medical Admission Rules, 2018 violative of Articles 14 and 19(1)(g) of the Constitution? Court explains in writ filed by Private Universities

Madhya Pradesh High Court: The Division Bench of Mohammad Rafiq, CJ. and Vijay Kumar Shukla, J., heard a writ petition which was

Case Briefs High Courts

HP HC | “Granting interim maintenance is similar to giving first aid”; Maintenance granted to wife under S. 125 CrPC; Solemnization of marriage under challenge is subject to proof

Himachal Pradesh High Court: Anoop Chitkara J. remarked “There is neither any illegality nor the maintenance beyond the petitioner’s means; as such,

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Even when an assessee has suppressed facts, the extended period of limitation can be invoked only when “suppression‟ or “collusion” is wilful with an intent to evade payment of duty; Tribunal decides

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Dilip Gupta (President) and C.J. Mathew (Technical Member) allowed an appeal

Case Briefs High Courts

Kar HC | “Act of perjury is treated as a heinous offence in all civilized societies”; Delay in consideration of such complaints can pollute the fountain of justice

Karnataka High Court: Krishna S Dixit, J., allowed the petition and set aside the impugned order highlighting the importance of perjury applications

Case Briefs High Courts

Tri HC | No mechanism available to determine as to how and whether the biometric impression was genuine or not; Court suggests assistance of forensics

Tripura High Court: Arindam Lodh, J., decided on a matter wherein the petitioner, in response to an advertisement notified by the respondents,

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Abnormalities, established relations and phone calls forms basis of strong preponderance of probabilities-Insider trading out of doors

Securities and Exchange Board of India (SEBI): S.K. Mohanty, Whole Time Member, in a detailed order held that the Managing Director, Abhay

Case Briefs High Courts

Utt HC | State directed to ensure that land owner who donated the land for establishment of sugar mill, their future generation should not be left starving

Uttaranchal High Court: Lok Pal Singh, J., allowed a petition which was filed mainly seeking a writ, order or direction directing the

Case Briefs High Courts

Tri HC | Factual issue in absence of any material produced not acceptable; Court dismisses appeal

Tripura High Court: Akil Kureshi, CJ., dismissed a petition which was filed challenging an order passed by the disciplinary authority imposing punishment

Case Briefs High Courts

[Honour Killing] P&H HC | “Culpable failure to supervise investigation”; HC slams police for laxity in investigation, issues detailed directions for effective dealing of Honour Killing cases

Punjab and Haryana High Court: Arun Kumar Tyagi, J., while addressing bail application of accused in a case pertaining to Honour Killing,

Case Briefs High Courts

Raj HC | According to Law of Precedence, judgment passed by Coordinate Bench binding, whereas judgment of other High Court has persuasive value; transfer order once executed cannot be cancelled, altered or modified

Rajasthan High Court: Dinesh Mehta, J., allowed a petition which was filed challenging the order whereby petitioner’s transfer order dated 28-07-2021 had

Case Briefs High Courts

Chh HC | When prima facie ingredients of S. 383 IPC is not made out, then the offence under S. 388 IPC cannot be made out

Chhattisgarh High Court: Narendra Kumar Vyas J. allowed the petition and quashed the FIR and the criminal proceedings against the petitioner. The

Case Briefs High Courts

P&H HC | Driving license and income tax record suggest contradictory age details; HC resolves the age controversy in an accident claim case

Punjab and Haryana High Court: Anil Kshetarpal, J., denied interfering with the decision of the Motor Accident Claims Tribunal with regard to

Case Briefs High Courts

P&H HC | No offence by married person being in live-in; HC differs with Allahabad High Court’s decision

Punjab and Haryana High Court: Amol Rattan Singh, J., held that since adultery is not an offence, no offence would be committed

Case Briefs Tribunals/Commissions/Regulatory Bodies

CBI | Cogent over conjecture-Court gives ‘suspicion’ a backseat and ‘proof’ put in front- Acclaims ‘proof surpasses even a strong suspicion’

Central Bureau of Investigation, Ghaziabad (CBI): Shivank Singh, Special Judicial Magistrate (CBI), while acquitting the accused of all the charges gave detailed

Case Briefs High Courts

Ker HC | Can DNA test be conducted to determine legitimacy of a child in a divorce petition without the child being on the party array? HC answers

Kerala High Court: A.Muhamed Mustaque and Kauser Edappagath, JJ., addressed an interesting question of law, Can a direction to undergo DNA Test

Case Briefs High Courts

J&K and Ladakh HC | Interim Award v/s Interim Order; HC clarifies prerequisites of S. 31 (6) and S. 17 (1)(ii)(e) of the Arbitration and Conciliation Act, 1996

Jammu & Kashmir and Ladakh High Court: Sanjay Dhar, J., clarified the difference between Interim Award and Interim Order. The Bench stated,