Editor, Author at SCC Times

J&K HC | [S. 108 Evidence Act] A person whose whereabouts are unknown and who has not been heard of for more than 10 years, cannot be stated to have illegally run away from his service; Petition allowed

Jammu and Kashmir High Court: Sanjay Dhar, J., while allowing the present petition, clarified that a person who has been declared missing

Case Briefs High Courts

Ker HC | Minor rape survivor allowed to undergo medical termination of pregnancy even after 25 weeks and 3 days gestational age considering the risk of severe psychiatric trauma

Kerala High Court: P.V. Asha, J., allowed termination of pregnancy even after 25 weeks 3 days gestational age considering the tender age

Case Briefs High Courts

Ori HC | Can an arbitration clause be invoked when there is an arbitration clause in the agreement but not registered or executed? HC decides

Orissa High Court: K. R. Mohapatra J., dismissed the appeal being devoid of merits. The facts of the case are such that

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Services availed amounts to input services to be eligible for credit; 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 Supreme Court

Can a conditional acceptance of an offer be considered a concluded contract? Supreme Court answers

“With the greatest of respect, the High Court has cursorily dealt with the contentions of the Appellant and has not even discussed the cases that had been cited on behalf of the Appellant.”

Case Briefs High Courts

MP HC | Once the process of recruitment commences on issuance of advertisement, no changes in essential qualification or disqualification can be made during subsistence of the said recruitment

Madhya Pradesh High Court: A Division Bench of Rajeev Kumar Shrivastava and Sheel Nagu, JJ., dismissed the instant petition, whereby the petitioners

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether confiscation of goods and imposition of fine and penalty by the Lower Authority in absence of valid PSI certificate maintainable; Tribunal explains

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): P.K. Choudhary (Judicial Member) partly allowed an appeal which was filed against the Order-in-Appeal

Case Briefs High Courts

Ker HC | International Arrest Warrant by itself will not suffice to extradite an accused to UAE. For extradition, request should be communicated in writing via diplomatic channels, HC states

Kerala High Court: N. Nagaresh, J., addressed the petition seeking to direct the State to implement International Arrest Warrant and to handover

Case Briefs High Courts

Jhar HC | Compassionate Appointment cannot be granted after a lapse of reasonable period which must be specified in the rules; petition dismissed allowing monetary compensation

Jharkhand High Court: S.N. Pathak, J., while dismissing the present petition, reiterates, “Compassionate Appointment is a concession and not a right.” Husband

Case Briefs High Courts

Ker HC | HC dismisses a petition seeking direction to enhance the permissible number of pilgrims at Sabrimala pilgrimage during pandemic as infructuous

Kerala High Court: A Division Bench of C.T. Ravikumar and K. Haripal, JJ., allowed various petitions in connection with Sabrimala pilgrimage and

Case Briefs High Courts

HP HC | [Interpretation of Statutes] Court while drawing distinction between the terms ‘Block’ and ‘Constituency’, denies to reserve the post of Pradhan in Gram Panchayat elections for ST category

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan, J. and Jyotsna Rewal Dua, J. while dismissing the present petition

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | It is incumbent on the original authority not to adjudicate the protective notices and wait till the decision of the Revisionary Authority; Tribunal allows appeal

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

Case Briefs Tribunals/Commissions/Regulatory Bodies

Tata Trusts Case | When can a Corpus be treated as a Capital or Investment? ITAT Mumbai

Income Tax Appellate Tribunal, Mumbai (ITAT): Dealing with the issue on nature, scope, and explanation Section 263 (2)(a) to the effect that

Case Briefs High Courts

HP HC | Inherent powers under S. 482 CrPC is not inhibited by S. 320 CrPC and FIR as well as criminal proceedings can be quashed by exercising the same; HC reiterates

Himachal Pradesh High Court: Vivek Singh Thakur, J., while exercising powers under Section 482 CrPC, allows the present petition, stating, “… power

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Reliance Industries Ltd. and it’s MD Mukesh D. Ambani found indulged in fraudulent trade practises, an exemplary penalty of Rs 25 crore and 15 crore imposed respectively by SEBI

Security and Exchange Board of India (SEBI): B J Dilip, (Adjudicating Officer) imposed the penalty of 25 crores and 15 crore respectively

Case Briefs High Courts

P&H HC | “It is unfortunate that dependents/heirs of an ex-employee, who died in harness, are being made to run from pillar to post.” HC warns state to get into action least the Court may be compelled to take a serious view of the matter

Punjab and Haryana High Court: Anil Kshetarpal, J., expressed concern over lethargic attitude of the State towards granting pensionary benefits to the

Case Briefs High Courts

Ori HC | No doubt, industrialization is required for enhancement of revenue, but that does not mean at the cost of the lives of human being by destroying eco-system

Orissa High Court: A Division Bench of Mohammed Rafiq and B. R. Sarangi, JJ., disposed off the writ petition holding that equity

Know thy Judge

Know Thy Judge | Justice S. Abdul Nazeer

by Ritu Singh*

Case Briefs High Courts

Pat HC | State directed to deport foreign nationals charged for Tablighi activities to their respective countries; Allegation of preaching religious ideologies not being supported by any material, held to be an unfounded allegation

Patna High Court: Rajeev Ranjan Prasad, J., addressed petitions filed jointly by foreign nationals from Bangladesh, Malaysia and Australia on the ground

Case Briefs High Courts

Jhar HC | [Interference under Art. 226] A writ of certiorari can be issued only in exercise of supervisory jurisdiction which is different from appellate jurisdiction; HC reiterates

Jharkhand High Court: A Division Bench of Dr Ravi Ranjan, CJ. and Sujit Narayan Prasad, J. while dismissing the present appeal, relied