Editor, Author at SCC Times

Know Thy Judge| Justice Hemant Gupta

“The Court should not under the guise of preventing the abuse of power be itself guilty of usurping power.”

Guj HC | Reasons given by lower authorities sound enough to set aside removal of Sarpanch under S. 57(1) of Gujarat Panchayat Act; Court dismisses petition

Gujarat High Court: A.G. Uraizee, J., dismissed a petition which was filed aggrieved by the dismissal of Revision Application by the Secretary,

Case Briefs High Courts

Kar HC | Immediate termination, without any disciplinary enquiry by the department concerned runs contrary to the statutory principles of Service Law; Writ Petition allowed

Karnataka High Court: P.B. Bajanthri, while allowing the present writ petition against the termination of services without any disciplinary enquiry, reiterated the

Case Briefs High Courts

HP HC | Does S. 18/18 A of SC/ST Prevention of Atrocities Act, 1989 restricts an accused from surrendering before Court and praying for interim bail under S. 439 CrPC? HC gives a reasoned order

Himachal Pradesh High Court: Anoop Chitkara J., delivered a well-reasoned order and held that the practice of the accused surrendering and getting

Case Briefs High Courts

Guj HC | Respondent entitled to gratuity under S. 2(e) of Payment of Gratuity (Amendment) Act, 2009; Court dismisses appeal while reproducing observations of Single Judge

Gujarat High Court: The Division Bench of Vikram Nath, CJ and Ashutosh J. Shastri, J., dismissed a Letters Patent Appeal which was

Case Briefs High Courts

Ori HC | Are private banking companies discharging banking services amenable to writ jurisdiction? HC analyses

Orissa High Court: Biswajit Mohanty J., dismissed the petition being non-maintainable. The facts of the case are such that the petitioner took

Case Briefs High Courts

P&H HC | A co-sharer in a property can seek a permanent injunction against other co-sharers if the value or utility of property is diminished; Court directs parties to maintain status quo

Punjab & Haryana High Court: While deciding an appeal filed by the petitioner against the order passed by the Additional District Judge,

Case Briefs High Courts

HP HC | S. 100 CPC restricts the right of second appeal only to those cases where a substantial question of law is involved

Himachal Pradesh High Court: Jyotsna Rewal Dua J., dismissed the appeal on ground of impugned judgment/orders being devoid of any infirmity. The

Case Briefs High Courts

Kar HC | Elaborating upon S.6 of Passport Act, Court directs for renewal of passport to authorities concerned irrespective of a pending criminal case against petitioner

Karnataka High Court: Hemant Chandangoudar J., while allowing the Writ Petition against the Passport Authority, elaborated upon the relevant provisions of the

Case Briefs High Courts

Ker HC | In matrimonial matters preference is to be given to convenience and welfare of children over wife; HC dismisses application for transfer of case

Kerala High Court: While deciding an application for transfer of two cases from one jurisdiction to another, R. Narayana Pisharadi, J., disposed

Case Briefs High Courts

Utt HC | While exercising its powers of judicial review of any administrative action, Courts cannot interfere with administrative decision unless it suffers from vice of illegality, irrationality or procedural impropriety

Uttaranchal High Court: Lok Pal Singh, J., dismissed a petition which was filed aggrieved by the cancellation of selection process of the

Case Briefs High Courts

HP HC | “How at times private educational institutions get down to blackmailing and hand-twisting, is best reflected in the instant case!” Relief granted to students whose original documents were retained by college

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua JJ. disposed of the petition giving relief

Case Briefs High Courts

Guj HC | High Court cannot exercise its inherent jurisdiction to quash the proceedings unless it is found that, allegations do not disclose the commission of cognizable offence

Gujarat High Court: Ilesh J. Vohra, J., heard a matter related to offences alleged under Sections 376 (2) (n), 377, 406, 498(A),

Case Briefs High Courts

Ori | [COVID] School authorities shall take all possible steps to regularize academic career of the students; Order issued in view of CBSE notification CBSE/CE/2020 dated 13-05-2020

Orissa High Court: K.R. Mohapatra J., ordered in favour of the aggrieved student in light of prevailing extraordinary situation due to COVID-19.

Case Briefs High Courts

Kar HC | ‘In certain cases the first duty of police officer is to arrest accused and collect evidence, and not registration of FIRʼ; Court dismisses bail application pleading procedural irregularities

Karnataka High Court: Sreenivas Harish Kumar, J., while dismissing a criminal petition for enlargement on bail, said, “There are prima facie materials

Case Briefs High Courts

HP HC | Arms Licenses cannot be granted to be used as status symbol of the applicants; Powers under S. 17(3) of Arms Act exercised, applicant being guilty of ‘suppressio veri suggestio falsi’

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua JJ. dismissed the petition being devoid of

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Services as that of CHA, CNF, testing and sampling, etc. are eligible to be classified as the input services; Tribunal entitles appellant to avail CENVAT Credit for tax paid on such input services

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Rachna Gupta (Judicial Member) allowed an appeal that was filed against the Order-in-Appeal of