Malika Bhola, Author at SCC Times

Sukesh Chandrasekhar Supreme Court Judge impersonation case

“Not an ordinary case of impersonation”: Inside Tis Hazari Court’s sentencing of Sukesh Chandrasekhar for posing as a Supreme Court Judge

Tis Hazari Court convicts Sukesh Chandrasekhar for impersonating a Supreme Court Judge to influence bail, awarding 8 years’ consecutive RI under Sections 170, 189 and 507 IPC.

Case Briefs High Courts

Section 74, CGST Act cannot be invoked without foundational facts of fraud, wilful misstatement or suppression: Supreme Court

Supreme Court held that Section 74, CGST Act could not be invoked mechanically without foundational facts establishing fraud, wilful misstatement or suppression of facts, and set aside the impugned SCN and consequential order.

Legal RoundUp Weekly Roundup

Top Legal Developments [24-30th August]: Speedy Trials in Dowry Cases, Summons in Saurav Das privacy suit, SIT probe in Fraudulent Motor Accident Claims & Other Key Verdicts and Legal Updates

A quick roundup to cover all the important legal developments and cases this week.

Case Briefs High Courts

Two years, no Commission: Delhi HC directs Centre to decide on constitution of National Nursing and Midwifery Commission within 2 months

Delhi High Court directs respondents to decide representation concerning constitution of the National Nursing and Midwifery Commission within two months

Case Briefs High Courts

Delhi HC Order in Saurav Das Case: What the Court said on Summons, Amendment of Plaint and Injunction Plea

Delhi High Court issued summons in Saurav Das’s suit, allowed amendment substituting Defendant 4 with Good Morning India (P) Ltd., and directed the defendants to file their reply to the interim injunction plea within 10 days.

Case Briefs Supreme Court

Supreme Court cancels bail of accused in pre-planned Satara murder case; holds repeated threats and carrying petrol prima facie indicate common intention

Supreme Court cancels bail of Accused 3 and 4 in the Satara murder case, holding that repeated threats, prior preparation and carrying petrol indicated a pre-planned attack.

Case Briefs Supreme Court

Victim has a Right to Speedy Trial too: SC rejects a reading of Section 12, Gangsters Act that would freeze a Murder Case

Supreme Court held that Section 12, Gangsters Act does not require other criminal trials to be kept in abeyance, but only gives priority to Gangsters Act proceedings where there is a clash of dates.

Case Briefs High Courts

Dabur’s challenge to Prohibitory Order: Delhi High Court stays Order for want of Show Cause Notice

Delhi High Court prima facie held that a Prohibitory Order under Section 36, Food Safety and Standards Act, 2006, ought not to have been passed without affording an opportunity of hearing, and accordingly stayed the Impugned Order against DABUR.

Case Briefs High Courts

Janhvi Kapoor’s Personality Rights: Delhi High Court declines blanket injunction against 6884 URLs; directs takedown of 552 URLs

Delhi HC in Janhvi Kapoor’s personality rights case declines blanket injunction against 6884 URLs, but directs takedown of 552 URLs containing ex facie pornographic content.

Justice Vinod Chandran dissent Civil Judge

Case Briefs Supreme Court

The courtroom is “the most profound of all Classrooms”: Inside Justice Chandran’s dissent on the 3-year practice rule for Civil Judge appointment

Justice K. Vinod Chandran, J., held that 3 years’ practice at the Bar is essential before entry into the judicial service, as practical courtroom experience cannot be adequately substituted by a structured training programme, and therefore found no ground to review the earlier judgment.

3-year practice rule for Civil Judge recruitment

Case Briefs Supreme Court

From 3 years to 1, plus training and law clerkship: SC modifies path to becoming a Civil Judge (Junior Division) in a 2:1 verdict

Supreme Court modified the 3-year Bar practice requirement for recruitment as Civil Judge (Junior Division), introducing a transitional regime for fresh law graduates and prescribing 1 year of actual practice, followed by structured judicial training and Law Clerkship, for subsequent recruitments.

Case Briefs High Courts

“That Ship Has Sailed”: Delhi HC denies Default Bail to Lal Qila Metro Blast accused, Upholds 180-Day UAPA detention under Section 43-D

Delhi HC holds that UAPA accused are not entitled to default bail after 90 days, ruling that Section 43-D(2) permits detention up to 180 days even after BNSS replaced CrPC

Supreme Court on oral evidence and excluded documents

Case Briefs Supreme Court

“No dearth of financial resources, no obligation to aid the Court”: SC shuts down RIL’s latest attempt to reopen Excluded Evidence through Witness Testimony in 2005 Suit

Supreme Court held that the contents of documents already excluded from evidence cannot be introduced through oral testimony, while upholding the Bombay High Court’s redaction and imposing ₹10 lakh costs on RIL.

Advocate as Insolvency Professional GST Liability

Case Briefs High Courts

Delhi HC: Advocate acting as Insolvency Professional liable to GST under forward Charge Mechanism, Not RCM

Delhi High Court held that an advocate acting as an Insolvency Professional is liable to pay GST under the forward charge mechanism and cannot claim the reverse charge benefit available to advocates rendering legal services.

Case Briefs Supreme Court

₹1,200 worth of Liquor, a death in custody, a “cover-up story”: SC orders CBI Probe and ₹25 Lakhs Interim Compensation to deceased’s family

In a custodial death case, the Court directed the CBI to register an FIR and investigate the custodial violence, while directing the State of Chhattisgarh to pay ₹25 lakhs as interim compensation to the deceased’s legal heirs

SC termination for suppression of criminal antecedents

Case Briefs Supreme Court

Suppression of Criminal Antecedents: SC holds that termination cannot be automatic where employee proves bona fide lack of knowledge, directs reinstatement with 50 per cent back wages

Supreme Court held that termination for suppression of criminal antecedents is not automatic where the employee proves bona fide lack of knowledge, and directed reinstatement with 50 per cent back wages.

Supreme Court PF and ESPP deductions maintenance wife

Case Briefs Supreme Court

Supreme Court Enhances Maintenance for Wife Undergoing Cancer Treatment and Minor Children; Rejects PF & ESPP Deductions as Permanent Charges

Supreme Court enhanced maintenance for a wife undergoing cancer treatment and her 2 minor children, holding that PF and ESPP deductions are benefits accruing to the husband and not permanent charges.

Case Briefs High Courts

Chhatrasal Stadium Assault Case: Unpacking Delhi HC’s Reasoning in the Sushil Kumar Bail Case

Delhi HC refused regular bail to Sushil Kumar, holding that hostile witnesses and the deposition of Ashok Dhankad did not amount to a genuine change in circumstances