Editor, Author at SCC Times

Gift conditioned on perpetual rendering of services without remuneration amounts to begar or forced labour, hence unconstitutional: SC

“Although Section 127 of TPA permits an onerous gift but a gift which is conditioned upon perpetual rendering of services without any remuneration would amount to a “begar” or forced labour, even slavery and therefore it is not just wrong or illegal but even unconstitutional, being violative of fundamental rights of the donees.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Mark-up earned by purchasing & selling cargo space from shipping lines not liable to service tax: CESTAT

The assessee-appellant contended that they acted on principal-to-principal with both the customers (shipper) and the shipping line/airline. A freight forwarder may act as principal and raise invoice to the exporter on his own account, providing transportation of goods and is not acting as “intermediary”.

Case Briefs High Courts

Dispute relating to infringement of copyright against a particular person is arbitrable: Orissa High Court reiterates

The Court relied on Vidya Drolia v. Durga Trading Corpn., (2019) 20 SCC 406., wherein it was held that a claim for infringement of copyright against a particular person is arbitrable, though in some manner the arbitrator would examine the right to copyright, a right in rem.

Eviction proceedings before Inquiry Officer

Case Briefs Supreme Court

Inquiry Officer can continue Eviction proceedings by upholding natural justice principles in absence of regulations under Section 105H of MMC Act: SC

In the impugned decision, the High Court framed points for the Inquiry Officer to determine the matter and laid down the procedure, the Court held that the High Court overstepped its limits and took unto itself a duty which the Act entrusts the statutory authority to exercise.

Case Briefs High Courts

‘Objective of Freedom Fighters’ Pension Scheme to honour genuine freedom fighters without harassment or delay’; Orissa HC directs for release of pension to 100-yr-old freedom fighter

The Scheme requires submission of two co-prisoners’ certificates as incarceration proof, however, the petitioner was able to submit only one affidavit from a co-prisoner. The Court accepted the same as sufficient proof of the petitioner’s claim.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Pilgrims should not suffer’; NGT gives slew of directions to UPPCB and CPCB to maintain Ganga and Yamuna’s water quality ahead of Magh Mela & Kumbh Mela 2025

“During the Maha Kumbh 2025, regular monitoring of the water quality of the rivers Ganga and Yamuna is necessary at frequent intervals to meet primary water quality criteria.”

Case Briefs High Courts

Delhi High Court issues notice to Marico Ltd. in application to set aside injunction order against Alpino Health Foods Pvt. Ltd.

Allegedly, the entire premise of the advertisement campaign by Alpino Health Foods was to denigrate oats as a category of food, including Marico’s ‘Saffola Oats’.

Case Briefs High Courts

Manipur High Court seeks report from State on making public buildings accessible to PwD and elderly persons

A PIL was instituted before the Manipur High Court seeking direction to make public buildings accessible to disabled and elderly people by providing Ramps & Toilets.

Case Briefs Supreme Court

‘Proceedings initiated with ulterior motive, used as weapon’; SC quashes proceedings against parents-in-law under S. 498-A of IPC

“Cruelty is not enough to constitute offence under S. 498-A IPC, it must be done with the intention to cause grave injury or drive victim to commit suicide or inflict grave injury to herself.”

Case Briefs Supreme Court

‘Economic offences stand on different footing, have wider ramifications’; SC upholds Bombay HC’s decision refusing to quash FIR under PC Act involving SBI employees

SBI suffered losses of Rs. 6.13 Crores approximately, causing a substantial injury to the public exchequer and consequently, hampering the public interest…“Economic offences affect the economy of the country as a whole and pose a serious threat to the financial health of the country. If such offences are viewed lightly, the confidence and trust of the public will be shaken.”

Case Briefs Supreme Court

‘Party’s financial independence does not preclude maintenance, especially in cases where marriage subsisted for long’: SC grants Rs. 50 Lakhs alimony to wife in 21-yr-old matrimonial dispute

A sum of Rs. 50 Lakhs has also been awarded to the daughter, in line with the principles of safeguarding the interests of children suffering under distress of such prolonged matrimonial disputes between the parents.

Case Briefs High Courts

Delhi High Court declines anticipatory bail to former IAS probationer Puja Khedkar

Puja Khedkar was alleged to have misrepresented information in her application for the UPSC Exam, 2022.

Case Briefs High Courts

Delhi High Court grants ex-parte ad-interim injunction in favour of Mankind Pharma Ltd. to restrain infringement of trade mark

It was said that if no ex-parte ad-interim injunction is granted, Mankind Pharma would suffer an irreparable loss.

Case Briefs High Courts

Meghalaya HC directs State to acquire and hand over land to AAI for Shillong Airport expansion within 3 months

“The development of Shillong Airport is key to advancement of State in all respects.”

Case Briefs Supreme Court

‘Public defrauded under the guise of necessary public infrastructure’; SC upholds Allahabad HC’s decision making DND flyway toll-free

“NOIDA (Levy of Infrastructure Fee) Regulations, 1998 came to be enacted only after the Concession Agreement had been executed and were seemingly designed to validate the actions already taken by NTBCL and NOIDA.”

Case Briefs High Courts

‘Period of sentence undergone ‘substantial’; Delhi High Court suspends sentence of POCSO accused

The accused was directed to be released on suspension of sentence after considering that the sentence awarded was for 3 years and he had already served 2/3rd of the same.

Case Briefs Supreme Court

‘Transfer of investigation to CBI in special circumstances’; SC sets aside Madras HC order for re-investigation while acquitting accused for same offence

“Mere observation that the investigating authorities may have taken a lackadaisical ethical approach does not warrant the accused being put through the wringer once more for the same offence.”

Case Briefs Supreme Court

‘Blot on Constitution’; SC aghast over HC staying proceedings in a case where woman was humiliated, accused of witchcraft & disrobed

“When it comes to offences that infringe upon the dignity of a person, the responsibility cast on both the investigating and the adjudicatory authorities is greater than usual or what is generally cast upon them in other circumstances… Dignity is an invaluable aspect of Indian Constitutional jurisprudence.”

Case Briefs Supreme Court

[Cash-for-Job Scam] SC emphasises right to liberty, says undertrial incarceration should not amount to punitive detention while granting bail to TMC’s Partha Chatterjee

The Court expedited the Trial and directed the Trial Court to decide on framing of charges before the commencement of the winter vacations or before 31-12-2024 and then fix a date for recording the statements of prosecution witnesses who are the most material or vulnerable.

Case Briefs High Courts

Gujarat HC comes to rescue of candidate who was denied selection for constable due to tattoo removal scar

The candidate had removed his tattoo before the recruitment process, hence, the Court stated- “Whether the scar would last on the body or not is something which would not be under the control of the petitioner [candidate].”