Editor, Author at SCC Times

Mere legal principles not sufficient in medical negligence cases: SC absolves doctor and hospital of liability for medical negligence

Supreme Court: A Division Bench comprising of Hemant Gupta and A.S. Bopanna, JJ. absolved a doctor and a hospital of liability for

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Whether Section 148-A CPC applies to writ petitions filed under Article 226 of the Constitution

by Dormaan Jamshid Dalal*

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Is demand of service tax of reverse charge basis in respect of commission to a foreign entity valid? Tribunal explains

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Raju (Technical Member) partly allowed an appeal which was field against the demand of

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Decriminalisation of Politics: Does Section 8 of the Representation of the People Act, 1951 Pass the Muster of Rationality

by Wasim Beg*, Swarnendu Chatterjee**, Garvish Jain*** & Monika Prajapat****

Case Briefs High Courts

Jhar HC | Mere holding ticket for passenger train will not suffice purpose to declare deceased not a bonafide passenger under S. 2 (29) in a benevolent legislation like Railways Act, 1989; Contrary evidence must

Jharkhand High Court: Kailash Prasad Deo J. allowed the appeal and directed respondent-Railway to pay a sum of Rs 8 Lacs in

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The AGR case — Aggressively Gathering Revenue | Union of India v. Assn. of Unified Telecom Service Providers of India: A case comment

by Kajol A. Punjabi†

Case Briefs Supreme Court

“There is a disturbing tendency of courts setting aside arbitral awards …”: SC upholds arbitration award of Rs 2728 crore plus interest in favour of Delhi Airport Metro Express (P) Ltd.

Supreme Court: A Division Bench comprising of L. Nageswara Rao and S. Ravindra Bhat, JJ. upheld the arbitral award of Rs 2782.33

Case Briefs High Courts

Kar HC | Freezing of Bank accounts by investigating authorities would adversely affect right to life under Art. 21 of the Constitution of India

Karnataka High Court: Mohammad Nawaz J. allowed the petition and defreezes the bank accounts subject to a bank guarantee. The facts of

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Intention of Legislature, deliberation of the Adjudicating Authority | Only permits Suspended Management of the CD to submit viable RP-Affirms

National Company Law Appellate Tribunal (NCLAT): The Coram of Justice Jarat Kumar Jain, Judicial Member and Ashok Kumar Mishra, Technical Member, dismissed

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Discounts offered by car manufacturers to their dealers for onward transmission to corporate customers taxable? Tribunal explains

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of CJ Mathew (Technical Member) and Ajay Sharma (Judicial Member), allowed an

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | ‘Till further orders’, not in order — No bar in merging unhealthy company with healthy company to succour

National Company Law Appellate Tribunal (NCLAT): The Coram of Justice Jarat Kumar Jain, Judicial Member and Ashok Kumar Mishra, Technical Member while

Case Briefs High Courts

Tri HC | To determine emergent and immediate exigencies, authorities concerned must be rationale; Court allows petition of reimbursement of medical bills of judicial officer and wife

Tripura High Court: Arindam Lodh, J., allowed a petition which was filed against the rejection of his application for reimbursement of medical

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Off the hook from ‘SEBI’S SCORES’-Prosecution already initiated before Court of Special Economic Offences-No further directions necessitated

Securities and Exchange Board of India (SEBI): G. Mahalingam, Whole Time Member, did not find it suitable to pass any further directions

Case Briefs Supreme Court

Virtual courts as facet of fundamental right: SC issues notice in writ petition filed by All India Association of Jurists

Supreme Court: A three-Judge Bench of L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ. is considering a writ petition seeking to

Case Briefs Supreme Court

SC upholds Govt.’s decision to extend tenure of incumbent Director of Enforcement beyond two years, but orders no further extension to be granted

“There is no fetter on the power of the Central Government in appointing the Director of Enforcement beyond a period of two

Case Briefs High Courts

J&K and Ladakh HC | Husband is not a stranger; has every right to protect property of his wife; HC dismisses petition challenging husband’s locus standi

Jammu & Kashmir and Ladakh High Court: Rajnesh Oswal, J., dismissed the petition seeking quashment of the criminal challan for the offences

Case Briefs High Courts

Guj HC | Detaining authority fell in error in interpreting “dangerous person”; Court allows petition against detention

Gujarat High Court: Paresh Upadhyay, J., allowed a petition which was filed against the order passed by the Commissioner of Police, Surat

Case Briefs International Courts

Zero Tariff v. Net Neutrality; ECJ deals a blow to Telekom’s Zero Tariff regime by holding it violated EU law of Net neutrality

European Court of Justice: The Bench of N. Wahl (Rapporteur), F. Biltgen (President) and J. Passer, JJ., held that Telekom’s Zero Tariff

Case Briefs Supreme Court

Reasonable charges for benefit derived by private entities from State capital is perfectly justified: SC upholds demand of ‘royalty for controlled water’ levied on CPPs by Kerala Electricity Board

Supreme Court: A Division Bench of Uday U. Lalit and Vineet Saran, JJ. held that charges levied by the Kerala State Electricity

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Manipulative Pricing | Connected entities aiding other connected entities gets disconnected from the securities market

Securities and Exchange Board of India (SEBI): G. Mahalingam, Whole Time Member, while exercising the powers under Sections 11(1), 11(4) and Section