Editor, Author at SCC Times

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

Case Briefs Tribunals/Commissions/Regulatory Bodies

CBI | Fictitious firm, non-existent exports, forged documents, met echt results | Court sunders the ingredients of conspiracy, cheat, fraud, forgery and usage

Central Bureau of Investigation (CBI): The Court of Shivank Singh, Special Judicial Magistrate (CBI) while convicting the accused of the offences under

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | No entitlement of Cenvat credit on Outdoor catering service; Tribunal partly allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): S.S. Garg (Judicial Member) partially allowed an appeal against the confirmation order of Commissioner

Case Briefs High Courts

P&H HC | Prosecutrix who recorded allegations under S. 164 CrPC turned hostile during deposition before Court; Not enough reason to grant bail

Punjab and Haryana High Court: Avneesh Jhingan, J. dismissed the petition on the grounds discussed below. The facts of the case are

Case Briefs High Courts

[Sales Tax] Ori HC | Once the material is offered for inspection, the delivery shall be “deemed to have been completed” on that very date, Freight charges were rightly raised separately

Orissa High Court: A Division Bench of S. Muralidhar CJ and B.P. Routray, J. allowed the petition and held that the Tribunal

Case Briefs High Courts

J&K HC | Denial of passport to Mehbooba Mufti; HC says the scope of Court is limited, it can only direct authorities concerned to expeditiously consider the case

Jammu and Kashmir High Court: Ali Mohammad Magrey, J., in a significant judgment dismissed the petition filed by former Chief Minister of

Case Briefs Foreign Courts

Convicted for “invitation for sexual touching” and acquitted from “sexual assault”; Supreme Court of Canada guides Appellate Courts on inconsistent jury verdicts

Supreme Court of Canada: The Bench comprising of Wagner C.J., and Abella, Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin and Kasirer JJ., addressed

Op Eds OP. ED.

Recasting of Federal Structure of the Indian Constitution

by Shreehari Aney* and Abhay Anturkar**

Case Briefs High Courts

Tri HC | Conviction under S. 42 Indian Forest Act, 1927 upheld; Court dismisses petition

Tripura High Court: S.G. Chattopadhyay, J., dismissed a criminal revision petition which had been filed challenging the judgment delivered by the Sessions

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Non compliance with the procedure leads to dismissal of refund claim; Tribunal dismisses appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Suvendu Kumar Pati (Judicial Member), dismissed an appeal which was filed with the rejection

Case Briefs High Courts

[S. 376 IPC] Ori HC | Bail rejected subject to the plight of the victim and the probability of the accused tarnishing the dignity of the victim and her family

Orissa High Court: S. K. Panigrahi, J. dismissed the bail application as there was a clear possibility of further danger to the

Case Briefs High Courts

Raj HC | Whether candidates who did not study ‘Language’ as an optional subject in their 3-year degree course studied it later as an additional subject post completing graduation be eligible to the post of “Language Teacher”

Rajasthan High Court: The Division Bench of Sabina and Manoj Kumar Vyas, JJ. dismissed the appeal and upheld the impugned order. Facts

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | What could give a ‘semblance of credibility on first blush’, denied on ‘second’| Fraudulent issuance of GDR dealt suitably | Directed to disgorge

Securities and Exchange Board of India (SEBI): S.K. Mohanty (Whole Time Member) in a detailed 92 paged order, barred six individuals and

Case Briefs Supreme Court

Application under S. 7 or S. 9 IBC is an independent proceeding unaffected by winding up proceedings that may be filed qua the same company; Supreme Court

Supreme Court: The Division Bench of Rohinton Fali Nariman* and B.R. Gavai, JJ., addressed the instant appeal involving the question that whether