Apoorva, Author at SCC Times

Banks can forfeit entire earnest money and not just extent of loss suffered by it due to auction purchaser’s default: SC

Any dilution of the forfeiture provided under Rule 9(5) of SARFAESI Rules would result in entire auction process under SARFAESI Act being disregarded by mischievous auction purchasers through sham bids, thereby undermining the overall object of the Act of promoting financial stability, reducing NPAs and fostering a more efficient and streamlined mechanism for recovery of bad debts.

Hot Off The Press News

[2012 UP Elections] Lucknow Court grants 6-months imprisonment to BJP MP Rita Bahuguna Joshi for violating code of conduct

Rita Bahuguna Joshi left Congress and joined BJP before the 2017 assembly elections.

New releases News

Jivesh Chandrayan and Sudin Sabnis join as LKS Attorneys’ Partners in Direct Tax, Corporate and M&A practices

Lakshmikumaran & Sridharan is a full-service law firm based in India. The firm has offices in 14 cities and has over 400 professionals specializing in areas such as corporate & commercial laws, dispute resolution, taxation and intellectual property

Case Briefs High Courts

Revenue Authorities cannot issue ‘No Caste No Religion’ Certificate in absence of powers conferred by law or by Government: Madras HC

“The Revenue Authority is expected to exercise their powers within the ambit of the statutes, rules and the Government Orders in force. They are not expected to issue the certificates at their choice. The claim of the petitioner has not been supported by any statute or Government Orders”.

Case Briefs High Courts

[Vyas ji tehkhana] Allahabad HC grants time to Masjid Committee to amend pleadings to challenge order appointing DM as a receiver

On the joint request of the parties, the matter will next be taken up on 06-02-2024

Case Briefs Supreme Court

SC grants interim protection from arrest to Odisha MLA Jayanarayan Mishra in woman police officer’s assault case

Supreme Court, while granting interim protection from arrest to Jayanarayan Mishra, issued notice and Dasti notice to the Standing Counsel for the State.

Case Briefs Supreme Court

‘High Court desisted from exercising contempt jurisdiction despite finding contemnor guilty’; Supreme Court sets aside Calcutta HC stay order

Supreme Court reiterated that in addition to punishing a contemnor for disobeying its orders, the Court can also ensure that such a contemnor does not continue to enjoy the benefits of his disobedience by merely suffering the punishment meted out to him.

Legal RoundUp Supreme Court Roundups

Supreme Court Roundup January 2024| Bilkis Bano Gang Rape; AMU hearing; DHFL Fraud Case; Triple Murder Case; Judge v Judge row and more

This roundup revisits the analyses of Supreme Court’s judgments/orders on Bilkis Bano Gang Rape case; Rules on post-retirement benefits; Second National Judicial Pay Commission; Accessible India Campaign; Right to claim Set-off in CIRP; and more. It also covers explainers on important law points; Never reported Judgments; Cases Reported in SCC Weekly in January; Know thy Judges; and appointment of new judges.

Hot Off The Press News

Varanasi Court directs DM to make arrangements for Hindus to worship in sealed ‘Vyas ji tehkhana’ inside Gyanvapi Mosque

In compliance with a directive from the State Government, the religious practices in the tehkhana were discontinued in 1993

Case Briefs High Courts

[Palani Temple dispute] Non-Hindus cannot be allowed inside temple without written undertaking: Madras HC issues directions

“The Hindus also have fundamental right to profess and practice their religion freely and propagate their religion without interfering in their way of practice. Therefore, the Hindus have right to maintain their temples as per their customs, practices and Hindu Religious and Charitable Endowment Department is having duty to protect the temples from such unwanted incidents”

Case Briefs High Courts

Accused cannot claim statutory right of default bail on the ground that investigation qua other accused was pending: Supreme Court in DHFL Fraud Case

Supreme Court noted that the right of the investigating officer to pray for further investigation in terms of Section 173 (8) is not taken away only because a chargesheet is filed under Section 173 (2) against the accused.

Hot Off The Press News

[Mass Religious conversion case] Supreme Court extends interim protection from arrest to SHUATS VC and other officials

In December 2023, the Supreme Court had granted interim protection to the Vice Chancellor and other officials of SHUATS from arrest

Case Briefs High Courts

[Anti Conversion Law] Allahabad HC rejects pleas filed by Hindu-Muslim couples for protection of life, due to non-compliance

Allahabad High Court allowed the petitioners to prefer fresh writ petition in case they solemnize marriage after following the due procedure of law

Case Briefs Supreme Court

[Societies Registration Act] Defaulting members not entitled to notice for meeting of election, even if their membership was not terminated or ceased: SC

Referring to the ‘doctrine of necessity’, Supreme Court said that had the Working President did not convene the meeting, the elections of the executive body would have been in limbo for an unreasonable amount of time.

Case Briefs High Courts

Husband is a healthy man and can earn money, thus liable to maintain his wife: Allahabad HC upheld Family Court’s order

Allahabad High Court said that no evidence is produced during trial that the wife is living in adultery. Also, if the husband wants to show the wife is living in adultery, he can move application under Section 127 CrPC for adequate relief.

High Court Round Up Legal RoundUp

HIGH COURT JANUARY 2024 WEEKLY ROUNDUP| Stories on Capital Asset of Transporter; Prevention of Food Adulteration Act; Royalty Income; Contempt Notice and more

A quick legal roundup to cover important stories from all High Courts this week.

Case Briefs High Courts

Granite stone is “stone” under Entry 109 as not processed in any manner, and taxable at 5%; Allahabad HC upholds Tribunal’s order

Allahabad High Court noted that Entry No. l09 specifically includes “stone” with the caveat that the same shall not include glazed stone, marble and marble chips.

Case Briefs High Courts

Allahabad High Court explains scope of Sections 311 and 233 CrPC concerning production of defence witness during trial

“Under Section 311 CrPC, the power lies in the Courts only and under Section 233 CrPC, the right lies with the accused and the court’s interference is limited”

Case Briefs High Courts

Exigence of writ of habeas corpus by husband to regain his wife would be rare and not available as a matter of course: Allahabad HC

Allahabad High Court allowed the husband to avail the appropriate legal remedies, under civil and criminal law

Case Briefs High Courts

Explained| Madras High Court verdict on constitutionality of Section 204 of the Insolvency and Bankruptcy Code

“Regulations and Byelaws framed under Section 204 IBC clearly provide checks and balances. Therefore, it cannot be said to be confirmation of excessive or unbridled power”