Editor, Author at SCC Times

Pat HC | “Health Department is severely deficient in terms of manpower”; HC directs State to be flexible regarding maximum age limit of 37 years in appointing doctors

Patna High Court: Ashutosh Kumar, J., directed the Bihar government to consider representation made by the petitioners for appointment in the State

Case Briefs High Courts

[Affidavits] Ori HC | Is the common practice of advocate’s clerk swearing an affidavit permissible in law? Is there an exception, if yes, upto what extent?

Orissa High Court: S. K. Panigrahi, J., dismissed the bail application being found defective as the affidavit was sworn by the advocate’s

Case Briefs High Courts

P&H HC | Inaction to legitimately end matrimonial alliance from wife before entering into live-in-relationship is incongruous

Punjab and Haryana High Court: Arun Monga, J., held that inaction to legitimately end matrimonial alliance from wife while seeking protection for

Case Briefs High Courts

Kar HC | Merely because second marriage is permissible in Mohammedan law it does not mean that right to marry a minor girl accrues; Bail denied inspite victim gave ‘no objection’

Karnataka High Court: K Natarajan, J., rejected the prayer for bail and dismissed the petition. The instant criminal petition was filed under

Case Briefs International Courts

[Equal Pay for Equal Work] ECJ holds TESCO stores are single-source/employer for its different distribution centers; pay gap between workers of a different sex can hit by EU laws

European Court of Justice (ECJ): The Second Chamber composed of A. Arabadjiev, President of the Chamber, A. Kumin, T. von Danwitz (Rapporteur),

Case Briefs High Courts

HP HC | Can an application for addition/ alteration of charges be made by State at the stage when the matter is fixed for arguments? Court explains

Himachal Pradesh High Court: Jyotsna Rewal Dua, J., dismissed the petition being devoid of merits. The facts of the case are such

Case Briefs High Courts

Ori HC | Anticipatory bail rejected due to petitioner being a journalist/influential person having political connections; Offence being economic offence, custodial interrogation demanded

Orissa High Court: S. Pujahari, J., dismissed the application under Section 438 of Criminal Procedure Code, 1973 filed by the petitioner being

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Not so “independent” Independent director and a concocted scheme with affinity and consanguinity |SEBI takes on each violation with mordant remarks

Securities and Exchange Board of India (SEBI): S.K. Mohanty, Whole Time Member, in a detailed 167 paged order, following the principles of

Op Eds OP. ED.

Deconstructing the threshold requirements for homebuyers under IBC

by Mitali Ingawale† & Sumit Kulkarni††

Case Briefs High Courts

Pat HC | We are not just fighting a pandemic; we are fighting an infodemic; HC slams Bihar government over reluctance to put credible stats of Covid deaths in public domain

Patna High Court: The Division Bench comprising of Sanjay Karol, CJ., and S. Kumar, J., addressed the issue as to whether more

Case Briefs High Courts

[Farmer’s Protest] P&H HC | Illegal blockade by protesting farmers; HC constitutes committee to reconcile war of conflicting rights with Adani Group

Punjab and Haryana High Court: Manjari Nehru Kaul, J., had directed constituted a committee to find a way forward to put an

Case Briefs High Courts

Kar HC | ‘Default bail’ granted under S. 167 (2) CrPC in case of non-compliance of notice under S. 43-D of UAPA

Karnataka High Court: S. Vishwajith Shetty, J. quashed the extension order and granted bail under Section 167 (2) Criminal Procedure Code. The

Case Briefs High Courts

[Lakshadweep Regulations] Ker HC | Draft stipulations are premature, cannot be assailed through PIL

Kerala High Court: T.R. Ravi, J., held that draft stipulation could not be accepted for the challenge as the same is premature

Case Briefs High Courts

Sikk HC | ‘Honourable acquittal’, ‘acquittal giving benefit of doubt’ raises and rests presumption-Difference demerits a candidate of merit | No room for error in judicial services

Sikkim High Court: J.K. Maheshwari, CJ, dismissed a petition considering it to be bereft of merit which had sought to continue on

Case Briefs High Courts

MP HC | Police comes up with the argument that the CCTV cameras are dysfunctional in order to cover up instances of unlawful detention; Court demands explanations

Madhya Pradesh High Court: Atul Sreedharan, J., took up a petition which was filed aggrieved by the action of the respondents, who

Case Briefs High Courts

Utt HC | Covid 19 infection, vaccination and precautions in the prisons; Court issues directions, forms committee

Uttaranchal High Court: The Division Bench of Raghvendra Singh Chauhan, CJ. and Alok Kumar Verma, J., have been hearing a series of

Case Briefs High Courts

Ker HC | A monosyllabic “yes” does not amount to plea of guilty; HC issues detailed guidelines to be followed before convicting on plea of guilt

Kerala High Court: T.R.Ravi, J., held that a monosyllabic “yes” cannot amount to pleading guilty. The petitioner was convicted by the Magistrate

Case Briefs International Courts

[Privacy Infringement] ECJ authorizes the Member States to lift “one-stop shop” veil, making Facebook and other Tech giants vulnerable to potential sanctions in EU

European Court of Justice (ECJ): In a long-fought battle against Facebook the Belgian Data Protection Authority had secured a major win. The

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Assessable Value to include Advertising and Marketing Costs, if relatable to Imported Goods; Tribunal provides relief to Volvo Auto India

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): A Division Coram of Dilip Gupta, J. (President) and P.V. Subba Rao (Technical Member)

Op Eds OP. ED.

Approaching Abortion Laws in India through Butler’s Postmodernist Lens

by Pavitra Naidu*