Apoorva, Author at SCC Times

Supreme Court upholds constitutional validity of provisions relating to Personal Guarantors in IBC; Holds IBC cannot operate in retroactive manner

“IBC does not suffer from any manifest arbitrariness to violate Article 14 of the Constitution”

Supreme Court stays Calcutta HC order which restricted application filed under S.29A(4) of Arbitration Act after expiry of term of the Tribunal

Supreme Court issued notice in the present SLP and tagged it with SLP titled Rohan Builders (India) Pvt. Ltd. vs. Berger Paints India Ltd.

Case Briefs Supreme Court

Review Petition has limited purpose, cannot be allowed to be appeal in disguise: Supreme Court regurgitates law on scope of review

Supreme Court reiterated that a co-ordinate Bench cannot comment upon the judgment rendered by another co-ordinate Bench of equal strength and that subsequent decision or a judgment of a co-ordinate Bench or larger Bench by itself cannot be regarded as a ground for review.

Hot Off The Press News

[Delhi Air pollution] Supreme Court directs Punjab, Rajasthan, UP & Haryana Governments to stop stubble burning

“Residents of Delhi are grappling with health problems year after year because we cannot find a solution to the issue. It requires immediate attention and Court monitoring, irrespective of whether the matter improves or not”

Case Briefs High Courts

[Forum Shopping] Filing anticipatory bail application, while a regular bail application is pending, is misuse of Court’s process: Allahabad HC

Allahabad High Court said that the applicant is used to filing multiple applications and petitions at various forums including the High Court. These acts are a classic example of forum shopping, and it cannot be permitted to keep on going so eternally.

Case Briefs Supreme Court

[Non-Disclosure of Criminal Antecedent] Supreme Court directs appointment of judiciary aspirant to post of civil judge with seniority from date of selection

“The nature of the offence against the petitioner is itself an extremely minor offence under IPC. For the non-disclosure of this offence, she has already suffered since in the first round of selection in 2017. To punish her again for the same reason in the next selection process is not justified.”

Hot Off The Press News

Supreme Court stays defamation proceedings against Tejashvi Yadav over “only Gujaratis can be cheats” remark

Supreme Court issued notice on the transfer petition filed by Tejashvi Yadav seeking to transfer the defamation case from Gujarat to a neutral place.

Case Briefs High Courts

[Contempt of Court] Allahabad High Court directs contemnors to annex copy of this order to disclose before Courts their previous conduct in future proceedings

“Court proceedings are formal proceedings which must be allowed to be conducted in a dignified manner without undue disruptions”

Case Briefs High Courts

Madras HC directs Customs Department to release apples imported from New Zealand on furnishing bank guarantee towards differential duty

Madras High Court clarified that this interim arrangement would be made only to safeguard the interest of both parties; and the bank guarantee to be furnished by the respondent is kept alive, till the decision is arrived at regarding validity of the notification dated 08-05-2023.

Case Briefs Supreme Court

Supreme Court grants bail in NDPS case; Imposes location sharing as a bail condition

Supreme Court said that the recovered contraband item having weight less than the stipulated commercial quantity, the restriction on grant of bail under Section 37 of NDPS Act does not apply in this case

Case Briefs High Courts

Fact of consensual relationship should be taken into consideration while granting bail in POCSO cases: Allahabad HC

“POCSO was formulated to protect children under the age of 18 years from sexual exploitation. Nowadays often it has become a tool for their exploitation”

Case Briefs High Courts

[UP Revenue Code] Plaint cannot be rejected in an Injunction suit not seeking demarcation of boundaries: Allahabad HC

“Proceedings under Section 24 of the UP Revenue Code, 2006, are summary in nature while an injunction suit filed by the respondent is a regular suit.”

Case Briefs High Courts

Wife residing in Australia cannot initiate divorce proceedings in India upon a casual visit; Allahabad HC interprets the word ‘residing’ in S.19 HMA

“Considering the undisputed status of wife’s residency in Australia, the provisions of Section 19 of the Act would not come to her rescue.”

Case Briefs Supreme Court

Can acquittal in criminal proceedings entitle delinquent employee for automatic discharge in departmental proceedings? Supreme Court answers

“Departmental proceedings pending criminal trial would not warrant an automatic stay unless, a complicated question of law is involved. Also, acquittal in a criminal case ipso facto would not be tantamount to closure or culmination of proceedings in favour of a delinquent employee”

Case Briefs Supreme Court

Supreme Court upholds Allahabad HC order rejecting claims of armed forces veterans for recruitment on posts of Village Development Officers

“There is no concept of serving personnel being deemed Ex-Servicemen, and it is not proper to hold or interpret otherwise, as it would be unjust to many others similarly placed, who were not Ex-Servicemen as on the date of advertisement but came under the category later but did not apply at the relevant time”

Case Briefs High Courts

Allahabad HC upholds Trial Court’s interim order restraining a manufacturer from using ‘Musa Ka Gul Super’ Trade Mark

“The dissolution of partnership is one aspect and its effect on carrying on business by making different arrangements to defeat rights of a registered trade mark owner, is altogether a different thing”

Case Briefs High Courts

Read why Allahabad HC took suo motu cognizance of deficiencies in running child care institutions

Allahabad High Court directed the State Government to undertake an exercise for admission of the children in reputed schools in the vicinity of the homes.

Case Briefs High Courts

Madras HC directs Union Govt. and Nigerian embassy to pursue requests of two women claiming compensation from past 11 years, for husbands’ death in Nigeria

The remedy for the petitioners is only as against the Private Company by filing necessary applications at Nigeria. However, these poor widows cannot pursue the litigations in Nigeria and therefore, there is a responsibility cast upon the Ministry of External Affairs and the Ministry of Overseas Indian Affairs to take appropriate action through the Embassy to redress the grievance of these petitioners.

Case Briefs Supreme Court

Strong incriminating evidence required for application of Res Ipsa Loquitor doctrine; SC upholds NCDRC order denying medical negligence

“For applying the principles of Res Ipsa Locutor, it is necessary that a ‘Res’ is present to establish the allegation of negligence.”

Case Briefs High Courts

Scope of ‘Diagnostic’ processes in S. 3(i) of Patents Act is not limited to in vivo or specific diagnosis: Madras High Court

“The line of demarcation between diagnostic and non-diagnostic tests may not always be bright and could blur on occasion; even so, there is sufficient support both in the text and immediate context of the expression “diagnostic” in Section 3(i)”