Editor, Author at SCC Times

Kar HC | Right of any major individual to marry the person of his/her choice is a fundamental right enshrined in the Constitution of India; Not to be encroached irrespective of caste or religion

Karnataka High Court: A Division Bench of S. Sujatha and Sachin Shankar Magadam JJ., disposed off the petition due to the limitation

Case Briefs High Courts

All HC | A dispute between two warring groups is in the realm of a private dispute and is not allowed to be agitated as a Public Interest Litigation

Allahabad High Court: The Division Bench of Pankaj Mithal and Saurabh Lavania, JJ., dismissed a Public Interest Litigation. The petitioner in Public

OP. ED.SCC Journal Section Archives

Freedom of Religion and Right to Conversion

by M.N. Rao*

Case Briefs High Courts

[MV Act] Kar HC | MACT must proactively invoke power under S. 165 Evidence Act, in case of inability of claimants to produce treating doctors as witnesses

Karnataka High Court: H. T. Narendra Prasad J. allowed the appeal stating that the Motor Accident Claim Tribunal has ample powers under

OP. ED.SCC Journal Section Archives

Right to Protest in Contemporary India and Belarus: A Comparative Analysis

by Priya Agrawal* and Dhawal Srivastava**

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI holds promotors of NDTV guilty of insider trading, bars them from securities market for two years

Securities Exchange Board of India (SEBI): S.K. Mohanty, (Whole Time Member) has barred two promoters of NDTV, namely Mr Prannoy Roy and

Case Briefs High Courts

Chh HC | Legal position regarding ‘condonation of delay’ discussed; Justice oriented approach to be followed by Courts

Chhattisgarh High Court: Sanjay K Agrawal, J., condoned the delay and set aside the impugned order by adopting a justice-oriented approach in

Case Briefs High Courts

Chh HC | How is “doctrine of preponderance of probabilities” applied in cases relating to Motor Vehicle Act? Appeal Allowed

Chhattisgarh High Court: Parth Prateem Sahu J., set aside the impugned award and allowed the appeal by applying the doctrine of preponderance

Case Briefs Foreign Courts

“Even in a pandemic, the Constitution cannot be forgotten”- In a split decision, SCOTUS upholds First Amendment guarantee of religious liberty and bars restrictions on religious services in New York

Supreme Court of the United States (SCOTUS): While deliberating upon the applications seeking relief from an Executive Order issued by the Governor

OP. ED.SCC Journal Section Archives

Law Day Lecture†

by Lord Bingham of Cornhill*

Case Briefs High Courts

Gau HC | In the event an excess salary is paid to an employee during his/her service tenure because of no fault of his/her, such excess payment cannot be recovered from retirement benefits; law laid down by SC reiterated

Gauhati High Court: Achintya Malla Bujor Barua J., while reiterating the principle laid down by Supreme Court, with respect to calculation and

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Enterprise Resource Planning (ERP) does not attract service tax under the category of Management or Business Consultant Service; Tribunal allows appeal

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

Case Briefs High Courts

Kar HC | Whether Magistrate is required to give elaborate reasons for taking cognizance and summoning the accused in view of report under S. 173 CrPC? Legal position discussed

Karnataka High Court: Michael Cunha J., dismissed the writ petition being found that the criminal action was rightly initiated against the petitioner.

Case Briefs High Courts

[Contractual Employment] Chh HC | Whether it is justified to limit the number of persons to be considered in view of the ‘requirement’ and ‘nature’ of recruitment? Appeal rejected

Chhattisgarh High Court: A Division Bench of P.R. Ramachandra Menon and Parth Prateem Sahu JJ., rejected the appeal finding no tenable ground

Case Briefs High Courts

Kar HC | Is it mandatory to file an affidavit for invocation of jurisdiction of Magistrate under S. 156(3) CrPC? Petition allowed partly

Karnataka High Court: John Michael Cunha J., allowed the petition partly stating that Section 156(3) CrPC applications are to be supported by

Case Briefs High Courts

All HC | Fundamental principle of natural justice audi alteram partem cannot be violated; Court issues directions

Allahabad High Court: The Division Judge Bench of Surya Prakash Kesarwani and Dr Yogendra Kumar Srivastava, JJ., disposed off a writ petition

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Calculation of Revenue found to be erroneous and high pitched; Tribunal allows appeal setting aside penalty S. 11AC read with R. 25 of Central Excise Rules

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial Member), allowed an appeal which was filed aggrieved by the judgment

Case Briefs High Courts

Ker HC | Whether an order passed under Arbitration and Conciliation Act, 1996, by a Commercial Court, appealable under S.13(1) of Commercial Courts Act, 2015; HC determines

Kerala High Court: R.Narayana Pisharadi J., while allowing the statutory remedy of appeal, discussed the parallel application of provisions and the Court’s

Case Briefs High Courts

Chh HC | Order of conviction under Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act reversed in appeal due to lack of clear evidence; Appeal allowed

Chhattisgarh High Court: Gautam Chourdiya J., allowed the appeal and reversed the impugned order due to lack of clear evidence. The facts

Case Briefs High Courts

Kar HC | Adverse Inference to be drawn upon a party who fails to comply with a direction regarding production of documents in his custody; Petition rejected

Karnataka High Court: Krishna S. Dixit J rejected the writ petition being devoid of merits. The facts of the case are such