Editor, Author at SCC Times

Ori HC | Executive instruction cannot supersede or override statutory provision; Impugned order being an executive instruction has to yield to R. 51 of Odisha Excise Rules

Orissa High Court: A Division Bench of Mohammad Rafiq, CJ and K.R. Mohapatra, J. set aside the impugned order being ultra vires

Case Briefs High Courts

J&K HC | Failure to cite in detention order about detenue’s right to make representation amounts to infraction of right guaranteed under Art. 22(5) and S. 13 of J&K Public Safety Act

Jammu and Kashmir High Court: Ali Mohammad Magrey, J. quashed the detention order and allowed the petition as the Detaining Authority had

Case Briefs High Courts

Utt HC | Failure to register in counseling for Medical course; Court rejects claim of admission on basis of higher marks

Uttaranchal High Court: Manoj K. Tiwari, J., dismissed a writ petition that was filed by the petitioner who was serving as Medical

Op Eds OP. ED.

The office of Attorney General for India and its Constitutional Obligations

by Vikramaditya, Practicing Advocate at Delhi

Case Briefs High Courts

HP HC | Bail granted to rape accused due to his young age and being found not in a position to tamper evidence or flee from justice

Himachal Pradesh High Court: Chander Bhusan Barowalia J. granted bail to the bail accused of facts and averments presented before him. The

Case Briefs High Courts

Kar HC | Deductions falling under S. 10-B of Income Tax Act cannot be computed without setting off brought forward business losses and unabsorbed depreciation

Karnataka High Court: A Division Bench of Alok Aradhe and H.T. Narendra Prasad, JJ. set aside the decision of the Income Tax

Case Briefs High Courts

All HC | Anticipatory bail granted to rape accused on account of inordinate delay in filing of FIR, conduct of victim’s family members did not “inspire confidence”

Allahabad High Court: Dinesh Kumar Singh, J., allowed an application of anticipatory bail in connection with the FIR registered for the offences

Hot Off The Press News

Fact Check: Has the Central Government issued any order regarding schools being closed till December?

Nilufer Bhateja, Editorial Assistant has put this story together

Case Briefs Foreign Courts

Bangladesh SC | Period of limitation in filing petitions/applications/suits/appeals/revisions and all other proceedings under general or special laws extended till 31st August

Supreme Court of Bangladesh: Full Bench of Syed Mahmud Hossain, CJ and Muhammad Imman Ali, Hasan Foez Siddique, Mirza Hussain Haider, Abu

Case Briefs High Courts

Guj HC | Anticipatory bail granted in dowry death case; Court allows application

Gujarat High Court: A.J. Desai, J., allowed an application of anticipatory bail in connection with the FIR registered for the offences punishable

Case Briefs Foreign Courts

Pak SC | Terms like “disabled,” “physically handicapped” & “mentally retarded” deeply bruise and offend human dignity of persons with different abilities; Court directs govt. to replace use of such words

Supreme Court of Pakistan: While deciding the instant issue concerning the manner of allocation of 2% Disability Quota for employment under the

Case Briefs High Courts

Ori HC | Bail granted to accused under Wildlife Protection Act, 1972 for trafficking of critically endangered pangolins

Orissa High Court: S.K. Panigrahi J., granted bail to an accused of animal trafficking under Wildlife Protection Act, 1972 on the facts

Case Briefs High Courts

J&K HC | Show-cause notice does not tantamount to infringement of any rights; Writ petition in that regard is not maintainable

Jammu and Kashmir High Court: Vinod Chatterji Koul, J. dismissed the writ petition as a show-cause notice not reflective of any pre-disposition

Case Briefs High Courts

P&H HC | Orders of State Commission in consumer dispute matters to be appealed before National Commission; HC dismisses writ petition

Punjab & Haryana High Court: Suvir Sehgal, J., dismissed the writ petition for lack of maintainability and directed the petitioner to avail

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT │ Claim for pension is statutory right and claimant has every right to be granted the same; Application for revision of pension allowed

Armed Forces Tribunal: A Division Bench of Justice Rajendra Menon (Chairperson) and Lt. Gen Phillip Campose (Member) A, allowed the application. In

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | Petitioner failed to establish a contractual relationship with the corporate Debtor; Tribunal dismisses application

National Company Law Tribunal (NCLT): A Division Bench of Chandra Bhan Singh (Technical Member) and Suchitra Kanuparthi (Judicial Member) dismissed an application

Case Briefs High Courts

Ker HC | Power of detention under S. 129, GST Act to be exercised only on contravention of statute, not simply because tax payment details absent in relevant documents

Kerala High Court: A.K. Jayasankaran Nambiar, J. allowed the writ petition and quashed the series of detention notices issued against the petitioner.

Know thy Judge

Know Thy Judge| Justice Navin Sinha

Tanvi Singh, Editorial Assistant has put this story together

Case Briefs High Courts

Jhar HC | Principle of estoppel to operate when candidate appears at examination without objection and is subsequently found to be unsuccessful

Jharkhand High Court: Sanjay Kumar Dwivedi, J. dismissed the petition and no relief given to the petitioners. The facts of the case

Case Briefs Tribunals/Commissions/Regulatory Bodies

CAT | An employee has no vested right to hold on to a particular post when he is transferred to another post, CAT deliberates

Central Administrative Tribunal, Ernakulam: The Coram of P. Madhavan (Judicial Member) and K.V. Eapen (Administrative Member) disposed the application denying relief to