Editor, Author at SCC Times

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Condition of bank guarantee found exorbitant; Tribunal allows appeal reducing amount of the bank guarantee

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Ramesh Nair (Judicial Member) and Raju (Technical Member) allowed an appeal

Case Briefs

Del HC | To avail exemption under S. 8 RTI Act, public authority must give detailed reasons as to how such disclosure would affect the pending investigation; Court remands the matter back to CIC

Delhi High Court: In a petition seeking direction to quash the order of Central Information Commission, Jayant Nath, J. observed, “…where a

Case Briefs High Courts

Ker HC | Right to be heard cannot be claimed in cases of re-incarceration where initial order of release was without application of mind

Kerala High Court: V.G. Arun, J., dismissed the instant petition whereby the petitioner had challenged his re-incarceration contending violation of natural justice

Case Briefs Supreme Court

Once an order is found to be passed without jurisdiction, all subsequent proceedings automatically come to an end: Supreme Court

Supreme Court: The 3-Judge Bench comprising of Ashok Bhushan*, R. Subhash Reddy and M.R. Shah allowed the instant appeal against the order

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | “At the time of entertaining the refund claim, the issue of admissibility of the CENVAT credit cannot be raised”: Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) allowed an appeal which was filed against the impugned orders

Case Briefs High Courts

P&H HC | “Sureties are petty farmers, having meager land holdings”; HC reduces penalty of Rs 2 lakh to Rs 5000

Punjab and Haryana High Court: Arvind Singh Sangwan, J., reduced the penalty of Rs 2 lakh to Rs 5000 considering old age

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | Undue delay is a mitigating factor while imposing a penalty under S. 15J of the SEBI Act; Appeal allowed

Securities Appellate Tribunal (SAT): Justice Tarun Agarwala, Presiding Officer, Dr C.K.G. Nair, Member Justice and M.T. Joshi, Judicial Member affirmed the impugned

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI bans Kishor Biyani and other promoters of FRL from securities market; Rs 17.78 crore to be disgorged for the wrongful gains made by them

Security and Exchange Board of India (SEBI): Ananta Barua, (Whole Time Member) found Chairman of Future Group, Kishor Biyani and its other

Case Briefs Supreme Court

“Government cannot acquire its own land”. Proceedings under LA Act, 1894 cannot be reopened once the possession has been transferred: SC

Supreme Court: In an interesting case regarding land acquisition by government of Assam for setting up a plastic park, the Division Bench

Case Briefs High Courts

Kar HC | Will absence of any specific claim under S. 166 MV Act in pleadings deprive a claimant(s) of getting just compensation? HC answers

Karnataka High Court: A Division Bench of S. Sujatha and Sachin Shankar Magadum JJ., allowed the appeal and set aside the impugned

Case Briefs High Courts

Megh HC | What is the scope of taking effective cognizance of the subsequent facts in a petition? HC explains

Meghalaya High Court: H.S. Thangkhiew, J., disposed off the petition explaining that the scope of taking cognizance of subsequent facts is limited.

Case Briefs High Courts

Ori HC | State Government directed to take appropriate action to provide healthcare facilities to ST communities residing in Sukinda Chromites Valley, Jajpur

Orissa High Court: A Division Bench of S. Muralidhar and S. Panda, JJ., disposed of the writ petition directing the government to

Case Briefs High Courts

Utt HC | Audi alteram partem is the soul of principle of natural justice; Court issues directions

Uttaranchal High Court: The Division Bench of Narayan Singh Dhanik and Ramesh Chandra Khulbe, JJ., disposed of a writ petition while giving

Case Briefs Tribunals/Commissions/Regulatory Bodies

Noticing “unauthorised activities”, SEBI passes ex parte order against National Stock Advisory Research prohibiting its activities in stock market

Security and Exchange Board of India (SEBI): Madhabi Puri Buch, (Whole Time Member) issued ex-parte order against National Stock Advisory Research (NSAR)

Case Briefs Supreme Court

Observing “gross deficiencies” SC denies Chintpurni Medical College permission for admission for the academic year 2021-2022

Supreme Court: The 3-Judge Bench comprising of L. Nageswara Rao*, S. Abdul Nazeer and Indu Malhotra, JJ., dismissed the appeal filed by

Case Briefs High Courts

Chh HC | Whether a forest land can be allotted/leased without prior approval of Central Government under S. 2 (iii) of Forest (Conservation) Act, 1980?

Chhattisgarh High Court: Sanjay K Agrawal J., dismissed the second appeal being devoid of merits. The facts of the case are such

Case Briefs Tribunals/Commissions/Regulatory Bodies

CERC | Whether the procedural delay of 3 days in filing the application for issuance of Renewable Energy Certificates can be condoned; Commission explains

Central Electricity Regulatory Commission (CERC): The Coram of P.K. Pujari (Chairperson), I.S. Jha (Member) and Arun Goyal (Member) disposed of a petition

Case Briefs High Courts

P&H HC | “She requires to maintain herself and cannot be denied financial assistance”, HC grants pension to widow convicted for murder

Punjab and Haryana High Court: G.S. Sandhawalia, J., allowed the instant petition against the order of State whereby the petitioner’s claim for

Case Briefs Supreme Court

‘Belated challenge to appointment cannot be entertained’; Supreme Court restores appointment of Assistant Professor of KGMU, Lucknow

The Act which governs the appointment of Assistant Professors and Lecturers in the University itself provides a mechanism for questioning an appointment, i.e., by representation to the Chancellor that too within a period of three months.

Case Briefs High Courts

Chh HC | Secondary evidence not permissible if the original documents are not produced at any time nor has any factual foundation been laid for giving secondary evidence

Chhattisgarh High Court: Sanjay K Agrawal, J., allowed the appeal and set aside the impugned orders of the First Appellate Court being