Editor, Author at SCC Times

Guj HC | How fair was the denial of appointment to waitlisted eligible candidate due to whimsical interpretation of policy by the Service Commission; Court answers while allowing appeal

“When youth of the country is gripped in the specter of unemployment, the arbitrary and whimsical stand of such kind of agency,

Case Briefs High Courts

Jhar HC | [Sales Tax and VAT] Only because a provision has been made for levy of penalty, the same by itself would not lead to the conclusion that penalty must be levied in all situations; HC reiterates

Jharkhand High Court: A Division Bench of H.C. Mishra and Deepak Roshan, JJ., allowed the present petition against the respondent authorities charging

Know thy Judge

Know Thy Judge| Justice Sanjay Kishan Kaul

by Ritu Singh*

Case Briefs High Courts

Ker HC | The aim of compensation is to achieve an acceptable degree of proximity to arithmetical precision on the basis of materials brought on record; HC reiterates legal position

Kerala High Court: Anil K, Narendran, J., allowed this Motor Accident Claim Appeal filed against the order of Motor Accidents Claims Tribunal.

Case Briefs High Courts

Jhar HC | [Service Law] In a case past two decade, Court observes procedural irregularity at the behest of Disciplinary authority; issues direction for consequential benefits

Jharkhand High Court: Deepak Roshan, J., while allowing the present writ application, said, “This court is having no hesitation to hold that

Case Briefs High Courts

J&K HC | Court is not barred from scrutinizing the subjective satisfaction of the detaining authority in any given case; Order of detention set aside

Jammu and Kashmir High Court: Puneet Gupta, J., while setting aside the detention order, reiterated that subjective satisfaction of the detaining authority

Case Briefs High Courts

Kar HC | Income from the exercise of the stock option has to be treated as income from salaries only when the relationship of employer-employee is established for purposes of S. 15-17 of IT Act

Karnataka High Court: A Division Bench of Alok Aradhe and H. T. Narendra Prasad JJ., allowed the appeal and quashed the impugned

Case Briefs High Courts

Ker HC | Proviso to Or. VI R. 17 of Code curtails absolute discretion of Court to allow amendment at any stage of suit, it has to be shown that in spite of due diligence, such amendment could not have been sought earlier; legal position reiterated

Kerala High Court: R. Narayana Pisharadi, J., while allowing the instant petition, set aside the order of trial Court, thereby allowing the

Case Briefs High Courts

Kar HC | Police officer who defaulted in registering FIR in a cognizable case was directed to clean the front of his police station for 1 week; Laid emphasis on FIR and Zero FIR

Karnataka High Court: A Division Bench of S. Sunil Dutt Yadav and P. Krishna Bhat, JJ., emphasized on the importance of jurisdictional

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether reimbursement of salary paid to ‘secondee’, to parent company, amounts to consideration for provision of manpower recruitment & supply agency services, within the meaning of S. 65(68) of Finance Act; Tribunal explains

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of P. Venkata Subba Rao (Technical Member) and P. Dinesha (Judicial Member)

Law made Easy

Consumer Protection Act, 2019: A Primer

Suchita Shukla†

Case Briefs High Courts

Pat HC | Land acquisition proceedings quashed as Authorities fail to take physical possession of land and pay compensation as required under Land Acquisition Act, 1894

Patna High Court: Prabhat Kumar Jha, J., allowed the instant writ petition seeking to quash the entire proceeding of land acquisition and

Case Briefs High Courts

HP HC | [Public Interest Litigation] Process of Court cannot be abused for oblique considerations by masked phantoms who monitor at times from behind

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Sandeep Sharma, JJ., while dismissing the present petition said, “The

Case Briefs High Courts

Pat HC | [Article 21] Torture, either mental or physical, represents worst violations of individual human personality, an outright and premeditated attack on human dignity; Petition allowed against illegal detention

Patna High Court: A Division Bench of Sanjay Karol, CJ. and S. Kumar, J., while allowing the present petition, discussed the issue

Case Briefs High Courts

Ker HC | Mere issuance of summon under S. 50(2) of PMLA 2002, to state the truth or make statements does not infringe the right of anyone: No cause of action arise under Art. 226

Kerala High Court: V. G. Arun, J., dismissed the instant petition filed by the petitioner, the Additional Private Secretary to the Chief

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether a by-product from a factory be considered as manufactured goods and should it fall under ‘excisable goods’ or ‘exempted goods’ as provided in R. 2(d) of Cenvat Credit Rules, 2004; Tribunal answers while dismissing appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Dilip Gupta (President) and P. Anjani Kumar (Technical Member) dismissed an

Case Briefs High Courts

P&H HC | There could be no blanket rule that concurrent findings cannot be interfered with in the second appeal; It is more a rule of caution and less a rule of law; HC explains

Punjab and Haryana High Court: Rajbir Sehrawat, J., allowed the instant second appeal challenging the concurrent judgments and decrees passed by the

Case Briefs High Courts

Ker HC | Even if the Bank is a public sector bank, writ petition under Art. 226 is not maintainable if act in question is not one involving any element of public duty

Kerala High Court: P.V. Asha, J. allowed the writ petition questioning status of IDBI Bank as “State” under Article 12 of the

Case Briefs High Courts

Gau HC | [Service Law] Suspension order cannot continue beyond three months without filing of charge sheet against the alleged officer or employee; HC reiterates

Gauhati High Court: Manojit Bhuyan, J., while allowing the present petition, directed to reinstate the petitioner on and from the date when

Case Briefs High Courts

HP HC | Creation or bifurcation of Gram Panchayat is essentially a policy matter, falling in the exclusive domain and jurisdiction of the State; Petition dismissed

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Sandeep Sharma, JJ., while dismissing the present petition upon lack