Editor, Author at SCC Times

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Nexus between services and business activities to be established in order to avail Cenvat Credit; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ramesh Nair (Judicial Member) allowed an appeal which was filed against the impugned order

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | ‘Diligence is due diligence done diligently’-Impliedly volumed | Recommendations revised attributing to the gravity of the lapses

Securities Exchange Board of India (SEBI): G Mahalingam, (Whole Time Member) while revising the recommendations made by the Designated Authority (DA) considering

Case Briefs High Courts

Ker HC | [Manual Scavenging] HC directs State to pay Rs 10 lakh compensation to the family of a deceased manhole worker

Kerala High Court: The Division Bench comprising of S. Manikumar, CJ and Shaji P. Chaly, J., heard the instant PIL regarding demand

Case Briefs High Courts

MP HC | Law of preventive detention is an exception to fundamental right to personal liberty under Art. 21 of Constitution and therefore has to be strictly construed; Court allows petition challenging preventive detention

Madhya Pradesh High Court: The Division Bench of Sheel Nagu and Anand Pathak, JJ., allowed a petition which was filed challenging the

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Widow of deceased renounces matrimonial house leaving mother-in-law in destitute; Mother and widow entitled to equal shares of family pension

Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve (Member) A heard

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT| 31 hearings, no regards to time, addendums, midway interruptions and yet no heed to initiation to liquidation; Adjudicating authority advised to be mindful

National Company Law Appellate Tribunal– A Coram of Bansi Lal Bhatt, J. (Acting Chairperson) and Dr Ashok Kumar Mishra (Technical Member) ordered

Case Briefs Supreme Court

Whether a residential accommodation for nuns/students would fall under “religious or educational purposes” and be qualified for tax exemption? Supreme Court explains

Supreme Court: The Division Bench comprising of R. F. Nariman* and B.R. Gavai, JJ., addressed the instant case regarding statutory interpretation. The

Case Briefs Foreign Courts

UK SC | Should the infamous Ms Shamima Begum of ISIS be granted leave to enter the UK so that she can pursue her appeal against the Secretary of State’s decision to deprive her of British citizenship?

United Kingdom Supreme Court: Lord Reed, President, Lord Hodge, Lord Black, Lord Lloyd Jones and Lord Sales allowed the appeals and dismissed

Case Briefs High Courts

[Strict Liability] Ori HC | Onus of proof, which lies on a party alleging negligence should be established on the touchstone of preponderance of probabilities

Orissa High Court: D Dash J. dismissed the appeal and held the appellants liable for compensation. The facts of the case are

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether place of providing service play any role in entitlement of Cenvat Credit? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ramesh Nair (Judicial Member) allowed an appeal which was filed against the denial order

Case Briefs High Courts

Chh HC | Guidelines regarding the waiver of cooling period as provided under S. 13B (2) of Hindu Marriage Act reiterated; Petition allowed

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

Case Briefs Tribunals/Commissions/Regulatory Bodies

TDSAT | A dispute between two service providers may be maintainable even in absence of a subsisting agreement; Totality of facts to be considered

Telecom Disputes Settlement Appellate Tribunal (TDSAT): Justice Shiva Kirti Singh dismissed the petition being devoid of merits. Facts The facts of the

Case Briefs High Courts

P&H HC | Muslim woman and Hindu man marries as per Hindu rites; HC holds the marriage is invalid

Punjab and Haryana High Court: Arun Kumar Tyagi, J., addressed the instant petition, whereby an inter-caste couple had approached the Court for

Case Briefs High Courts

J&K HC | When a CJM transfers a petition to a Magistrate subordinate to him, the Magistrate is conferred with jurisdiction to entertain the same even if the matter would otherwise fall outside his jurisdiction

Jammu and Kashmir High Court: Sanjay Dhar, J., addressed the instant petition against the order of Judicial Magistrate, Bandipora, whereby the Magistrate

Case Briefs Supreme Court

Can reservation for OBCs exceed upper ceiling of 50% in local elections for entirely scheduled areas? Supreme Court explains triple test pre-requisite

“The barriers to political participation are not of the same character as barriers that limit access to education and employment.”

Case Briefs High Courts

[Audi Alteram Partem] Raj HC | Whether complainant’s revision against dismissal of his complaint, can be decided without giving an opportunity of hearing to the accused petitioner? Court explains

Rajasthan High Court: Sanjeev Prakash Sharma, J., disposed of a petition which was filed against the order passed by the Additional Session

Case Briefs High Courts

Utt HC | Delay in providing information under RTI Act does not amount to penalty, if valid reasons for the delay are proved; Court sets aside the penalty

Uttaranchal High Court: Manoj Kumar Tiwari, J., partly allowed an appeal which was filed challenging an order passed by the State Information

Case Briefs High Courts

Chh HC | Principles governing determination whether a transfer is a Benami transaction has been reiterated; Petition allowed

Chhattisgarh High Court: Rajendra Chandra Singh Samant J., allowed the petition and quashed the order. The facts of the case are such

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | On account of active and willful issuance of fake and bogus contract notes, stockbroker registration cancelled

Securities and Exchange Board of India (SEBI): G. Mahalingam (Whole Time Member), while exercising powers conferred under Section 12(3) read with Section

Case Briefs High Courts

Kar HC | Benefit under Rule 27 LIC Pension Rules was rejected to a LIC Agent working as a field officer as no special qualification was required; Appeal dismissed

Karnataka High Court: A Division Bench of Sreenivas Harish Kumar and E. S. Indiresh JJ., dismissed the appeal being devoid of merits.