Editor, Author at SCC Times

S. 6 of Probation of Offenders Act, 1958 is mandatory in nature, which acts as an injunction for Courts to follow; Supreme Court clarifies legal position

Supreme Court: The Division Bench of Sanjay Kishan Kaul* and Hrishikesh Roy, JJ., has observed that Section 6 of Probation of Offenders

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Review order is a gross violation of legal principle; Tribunal allows appeal of refund claim

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) allowed an appeal against the impugned order wherein the refund

Case Briefs High Courts

Ker HC | Observing the signs of mental disturbance; HC refuses to remove a 21-year-old from the custody of parents

Kerala High Court: In an interesting case regarding custody of a major the Division Bench of K. Vinod Chandran and M.R. Anitha,

Case Briefs High Courts

Utt HC | Rule 8 of Government Servants Dying in Harness Rules, 1974 does not include age as a factor of appointment; Court explains while allowing petition

Uttaranchal High Court: Lok Pal Singh, J., allowed a writ petition which was filed seeking for a writ of certiorari to quash

Case Briefs High Courts

J&K HC | Members of Panchayat have the right to issue no-confidence motion against the chairman on the ground of misconduct or neglect of duty; petition dismissed

Jammu and Kashmir High Court: Sindhu Sharma J., while dismissing the present petition, held, “In a democratic process, the members of the

Case Briefs High Courts

P&H HC | “Provident Fund is based on adequate contributions from members of the fund”; HC allowed forfeiture of pension on resignation

Punjab and Haryana High Court:The Division Bench of Ravi Shanker Jha, CJ. and Arun Palli, J., upheld the impugned order of Single

Case Briefs High Courts

Chh HC | Appeal under S. 30 of Employees’ Compensation Act, 1923 is to be entertained only on a question of law

Chhattisgarh High Court: A Division Bench of P.R. Ramchandra Menon and Parth Prateem Sahu JJ., dismissed the appeal being devoid of merits.

Case Briefs High Courts

Jhar HC | Right to establish linguistic and religious institutions under Art. 29 & 30 includes the Right of appointing teachers; order directing absorption set aside

Jharkhand High Court: Anubha Rawat Choudhary J., while setting aside the impugned order, reiterated, “…once the institute is recognized as a minority

Case Briefs High Courts

Kar HC | Whether it is mandatory for issuance of a summons under S. 91 CrPC before issuance of a warrant under S. 93 CrPC? HC Answers

Karnataka High Court: Suraj Govindaraj J., dismissed the petition being devoid of merits. The facts of the case are such that two

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether there can be a claim of exclusion of the freight amount from arriving at the assessable value for the purpose of payment of central excise duty; Tribunal explains

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of P.K. Choudhary (Judicial Member) and P. Anjani Kumar (Technical Member) allowed

Case Briefs High Courts

Guj HC | Dismissing the argument of arrangement being a Contractual set up with no Industrial dispute as such, Court upholds reinstatement of the workman granting compensation against back wages

Gujarat High Court: A.P. Thaker J., upholding the decision of the Labour Court with respect to reinstatement of the workman, directed the

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT| Policy of retiring Group Captain (Time Scale) at the age of 54 years instead of 57 years creates a subclass within the same class of equals and is violative of Arts. 14 and 16 of the Constitution

Armed Forces Tribunal: The Division Bench of Justice S.V.S. Rathore (Chairperson) and Air Marshal BBP Sinha (Member) A, partly allowed the instant

Case Briefs Supreme Court

“Sale agreement does not remain a stand-alone document if it is mentioned in the disputed Will, and obligations thereunder are purportedly passed on to the legatee”; SC restores findings of Trial Court

Supreme Court: The 3-judge bench of Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy, JJ., has set aside the order of High

Case Briefs High Courts

Utt HC | Reasons to record in a judgment are life of law and in absence, judgment cannot be said to be legal; Court allows appeal

Uttaranchal High Court: Lok Pal Singh, J., allowed a writ petition which was filed seeking a writ of certiorari to quash the

Case Briefs High Courts

Ker HC | There can be no prosecution under S. 185 of MV Act in the absence of alcohol detection test through breath analyser

Kerala High Court: V.G. Arun, J., while partly allowing the instant petition held that offence under Section 185 of Motor Vehicle Act,

Case Briefs High Courts

HP HC | Person belonging to SC category, if on merit, performs better than General category candidate, he has to be offered appointment against a post meant for General category

Himachal Pradesh High Court: Ajay Mohan J., dismissing the present petition, reiterated the finding of Supreme Court, in the words, “if a

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Demand of reversal Cenvat Credit, Interest, and Imposition of penalty set aside; Tribunal allows appeal in matter of Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rule 2001

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

Case Briefs High Courts

Ker HC | There is no requirement that the proceeding in relation to which the offence has been committed shall be pending at the time of filing an application under S. 340 (1) of the Code; Petition allowed

Kerala High Court: R.Narayana Pisharadi J., while allowing the present petition clarified, “Though Section 340 of the Code is a generic section

Case Briefs High Courts

Telangana HC | [Interference under Art. 226] Writ Jurisdiction of the High Court cannot be invoked for registration of FIR in cases where an effective remedy lies under the Code of Criminal Procedure

Telangana High Court: P. Naveen Rao J., while dismissing the present petition, reiterated that the scope of interference under Article 226 is

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Photographs are secondary pieces of evidence and can vary with the angle of photography; Tribunal explains while allowing appeal in regard to BIS certification

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Suvendu Kumar Pati (Judicial Member) allowed an appeal which was filed against the confirmation