Editor, Author at SCC Times

Kar HC | Self-identification of one’s gender lies at the heart of Fundamental Right to Life and Personal Liberty and State authorities are obligated to give legal recognition to the same; Writ Petition Allowed

Karnataka High Court: John Michael Cunha J., while allowing the present writ petition moved by a transgender against the declaration of her

Case Briefs High Courts

Ker HC | Presence of a neurologist in medical diagnosis for purpose of issuing medical certificate is necessary when accident victim suffers from neurological disorders; MACT order set aside

Kerala High Court: Writ petition has been allowed by Sathish Ninan, J., finding merits in the petitioner’s arguments and consequently setting aside

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | All the services in question are eligible input services for rendering of output services; Tribunal allows appeal entitling appellant to input service credit

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): A Coram of Anil Chaudhary (Judicial Member) and C.L. Mahar (Technical Member), allowed an

Case Briefs High Courts

MP HC | Delay in lodging of FIR is no ground to discard the prosecution’s case in its entirety, medical corroboration not an absolute necessity in cases of gang rape

Madhya Pradesh High Court: Akhil Kumar Srivastava, J., dismissed the appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention

Know thy Judge

Know Thy Judge| Justice S. Ravindra Bhat

“Free speech of the citizens of this country cannot be stifled by implicating them in criminal cases, unless such speech has the tendency to affect public order.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | S. 15J SEBI Act, 1992 may not apply in adjudication proceedings involving penalty under S. 15A SEBI Act, 1992 while determining the quantum of penalty, Appeal allowed

Securities Appellate Tribunal (SAT): Justice Tarun Agarwal allowed the appeal and substituted the penalty imposed by the impugned order with a warning.

Case Briefs High Courts

Pat HC | Court while exercising jurisdiction of judicial review, cannot examine sufficiency of reasons for satisfaction of competent authority in initiating disciplinary proceedings against delinquent employees

Patna High Court: In a petition filed under Article 226 of the Constitution for issuance of a writ of certiorari, Birendra Kumar,

Case Briefs High Courts

Ker HC | Equity cannot allow a remedy affecting balance of interest between the parties; Order allowing application for withdrawal of suit at appellate stage set aside

Kerala High Court: R. Narayana Pisharadi, J., setting aside the order against impugned applications, held, “The plaintiff has no absolute right, at

Case Briefs High Courts

Kar HC | Court in exercise of its powers under S. 397 CrPC cannot re-appreciate evidence and arrive at a different conclusion, even if a different view is possible from the evidence; Petition dismissed

Karnataka High Court: John Michael Cunha J., while rejecting the present criminal revision petition, elaborated on scope and ambit of Section 397

Case Briefs High Courts

Kar HC | Whether the indefeasible right of an accused to seek compulsive bail under S. 167(2) CrPC is defeated by the unilateral extension of time by the Court; HC elaborates

Karnataka High Court: John Michael Cunha, J., while allowing the present application for bail under Section 439 Criminal Procedure Code, 1973 made

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Interest on delayed refund is payable under S. 11BB of Central Excise Act, 1944; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): S.S. Garg (Judicial Member) allowed appeals directed against the common impugned order passed by

Case Briefs High Courts

P&H HC | Pending application under Or. 6 R. 17 CPC ought to have been decided prior to the decision in the application under Or. 7 R. 11 CPC; Court allows revision petition

Punjab and Haryana High Court: In a revision petition challenging an order passed under Order 7 Rule 11 CPC; Raj Mohan Singh,

Case Briefs High Courts

All HC | Principle contained in S. 141 of NI Act is not applicable to a sole-proprietary concern, firm need not be arraigned as an accused while making a claim for recovery under S. 138 of the NI Act

Allahabad High Court: While deciding a petition filed under Article 227 of the Constitution of India, Suresh Kumar Gupta, J., dismissed the

Case Briefs High Courts

Kar HC | Approval from the Medical Council for the purpose of practicing as a private medical practitioner cannot be withheld by the authorities on arbitrary grounds; Writ Petition Allowed

Karnataka High Court: R. Devdas, J., while allowing the present Writ Petition, directed the Medical Council to issue the No Objection Certificate

Case Briefs Foreign Courts

SL SC | Translation of judgment can’t be obtained if you are not a party or Attorney-at-Law to the related case under Art. 24(3) of Constitution; Court rejects motion

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Judge Bench of Priyantha Jayawardena, Vijith K. Malalgoda and Murdu

Op Eds OP. ED.

50 years of Surendra Malik’s legacy of creating SCC and beyond -The doyen of legal reporting in India

What can you say about a man who completed 50 years creating an essential building block of India’s legal landscape? That

Case Briefs Foreign Courts

SCOTUS | Providing dissimilar treatment for men and women who are similarly situated cannot stand in the face of Fourteenth Amendment and the Equal Protection Clause: Court while construing provisions of Idaho Code

Supreme Court of the United States (SCOTUS): A Full Judge Bench of Warren E. Burger, C.J. and Lewis F. Powell, Jr., Harry

Case Briefs High Courts

HP HC | Can wife claim maintenance under S.12 of the Protection of Women from Domestic Violence Act, 2005 over ‘ancestral property’ of the husband? HC explains

Himachal Pradesh High Court: Jyotsna Rewal Dua J., disposed off the petition without any interference with impugned orders. The facts of the

Case Briefs High Courts

Utt HC | Supply of cement, steel and bricks etc. to the contractors by Government Department, for which cost is deducted from bills of contractors amounts to sale, thus taxable, Court allows revision petition

Uttaranchal High Court: A Division Judge Bench of K.M. Joseph and Sharad Kumar Sharma, JJ., had allowed a revision which was filed

Case Briefs High Courts

Kar HC | Whether an insufficiently stamped sale agreement, containing arbitration clause for appointment of sole arbitrator enforceable under S.11(6) of Arbitration and Conciliation Act, 1996; HC reiterates settled legal position on said premise

Karnataka High Court: S.R. Krishna Kumar, J., allowing the present petition for the appointment of a sole arbitrator under Section 11(6) of