Editor, Author at SCC Times

Whether punishment justified where the authority imposing punishment and approving it, is the same person? Supreme Court clarifies

Supreme Court: The 3-Judge Bench comprising of Uday Umesh Lalit, Hemant Gupta* and S. Ravindra Bhat, JJ., addressed the instant appeal filed

Case Briefs High Courts

Chh HC | Legislature does not prescribe limitation with the object of destroying the rights of parties; Word “sufficient cause” to be given liberal construction

Chhattisgarh High Court: Rajendra Chandra Singh Samant, J., allowed the petition and set aside the impugned order. The facts of the case

Case Briefs High Courts

[S. 438 CrPC] HP HC | A balance has to be maintained between the right of personal liberty and right of Investigating Agency to investigate and arrest an offender for the purpose of investigation

Himachal Pradesh High Court: Vivek Singh Thakur, J., dismissed the petition and approved the prayer for custodial interrogation. The facts of the

Case Briefs High Courts

P&H HC | It is not only an abuse to process of law but also an attempt to overawe the authorities; HC imposes cost of 1 lakh for fake rape allegation

Punjab and Haryana Case: Harnaresh Singh Gill, J., dismissed the instant petition filed for issuance of directions to Police officials to hand

Case Briefs Foreign Courts

Pak SC comes down heavily on virginity tests. Holds that dragging sexual history of the rape survivor in a case, by making observations about her body, is unconstitutional

Supreme Court of Pakistan: In a significant decision, the 3 Judge Bench of the Court comprising of Manzoor Ahmad Malik, Mazhar Alam

Case Briefs Foreign Courts

[Google v. Oracle] SCOTUS | Google’s copying of the Java SE API, taking only what was needed to allow programmers to put their accrued talents to work in a transformative program, constituted fair use

Supreme Court of The United States: In a major decision in the copyright dispute between Google and Oracle over copying certain lines

Case Briefs High Courts

[Telephone Tapping] Chh HC | Dismissal from service based on telephonic recorded conversation offends Art. 21 of Constitution of India

Chhattisgarh High Court: Gautam Bhaduri, J., held that proper opportunity of hearing shall be given and procedure of rules of natural justice

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | R. 6(3) of CCR, 2004 applicable only to manufacturers who manufacture two classes of the goods i.e. non-exempted and exempted goods; Tribunal allows appeal sets aside interest and penalty

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Rachna Gupta (Judicial Member) allowed an appeal which was filed against the rejection of

Case Briefs High Courts

J&K HC | “Their engagement in private coaching invariably slows down their performance in the Government schools”; HC upholds the ban on private tuition by Government teachers

Jammu and Kashmir High Court: Sanjeev Kumar, J., heard the instant petition challenging the validity of circular No. CEO/K/Monitoring/20/14887-967 dated 21-11-2020, whereby

Case Briefs High Courts

[Custody of minor child] P&H HC | Welfare of minor is the paramount consideration to be kept in mind while appointing a guardian in regard to S. 17 of the Guardian Act r/w S. 13 of the Minority Act

Punjab and Haryana High Court: Sudhir Mittal J. sets aside the impugned order and directed the custody to the mother subject to

Case Briefs High Courts

Ker HC | “Their livelihood will be lost, if they fail to report back for duty”; HC directs Sessions Court to release passports of under-trial labours employed abroad

Kerala High Court: V.G. Arun, J., allowed the instant petition whereby the petitioners had sought for the issuance of directions to the

Case Briefs High Courts

Megh HC | Whether a criminal proceeding involving non-compoundable offence can be set aside and quashed, all parties having reached a compromise? Court decides

Meghalaya High Court: W. Diengdoh, J., allowed a petition which was filed against the rejection order of the Chief Judicial Magistrate about

Case Briefs High Courts

MP HC | Prolonged pre-trial detention an anathema to the concept of liberty, Court allows bail application

Madhya Pradesh High Court: S.A. Dharmadhikari, J., allowed an application for bail which was filed for the fourth time, the first one

Case Briefs High Courts

Manipur HC| Civil or Criminal? – Lower Courts must first discover the basic nature of the dispute

“When the dispute in question is discovered to be predominantly of civil nature then an attempt to make it criminal offence should be thwarted and discouraged.”

Case Briefs High Courts

Kar HC | ‘thou art weighed and found wanting’; Writ Court exercising limited supervisory jurisdiction under Art. 227 Constitution of India cannot run a race of opinions with the Court of impugned order

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

Case Briefs Foreign Courts

Legislative definition of ‘mentally incapacitated’ does not include a person who is voluntarily intoxicated by alcohol. Minnesota SC reverses rape conviction

Supreme Court of Minnesota: While deciding instant matter wherein the Court had to determine whether the appellant committed a third-degree criminal sexual

Case Briefs High Courts

Chh HC | Application under Or. 9 R. 4 of CPC also attracts provisions under S. 24 of Hindu Marriage Act, 1955

Chhattisgarh High Court: Rajendra Chandra Singh Samant, J. sets aside the impugned order and allowed the petition. The facts of the case

Case Briefs High Courts

Ker HC | “A teacher is not expected to file frivolous writ petition, motivated by personal animosity”; HC dismisses petition

Kerala High Court: V.G. Arun, J., dismissed the instant petition filed for seeking direction to the Police to conduct an investigation into

Case Briefs Supreme Court

Whether pre-FIR enquiry is permissible against public servant in corruption matters? What is the scope and ambit of such an enquiry? Supreme Court explains

Supreme Court of India: The Division Bench comprising of Dhananjaya Y. Chandrachud and M.R. Shah*, JJ., addressed the instant appeal challenging the

Case Briefs Foreign Courts

The Prince Series by Andy Warhol depicting the singer did not constitute “fair use” of the source photograph by Lynn Goldsmith || Detailed Report ||

United States Court of Appeals (2nd Circuit): While deciding the instant dispute between renowned celebrity photographer Lynn Goldsmith and Andy Warhol Foundation