Editor, Author at SCC Times

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Restricted use of firecrackers’; ‘No authority can violate Supreme Court’s directions and permit banned firecrackers under the guise of celebration’: NGT

“The use of firecrackers in cities/towns where air quality is ‘moderate’ or below was restricted to only green crackers only and for duration of not more than two hours and only for celebration of any specified festival or occasion”.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Yamuna’s situation far from satisfactory and status report filed by States and authorities did not cover major issues; NGT directs filing of fresh status reports

Details of the Sewage Treatment Plants, drains discharging both treated waste water and untreated waste water, steps taken for utilization of the treated waste water for agriculture, etc. lacked in the status report.

High Court Round Up Legal RoundUp

HIGH COURT OCTOBER 2023 WEEKLY ROUNDUP| Stories on Humans of Bombay; Obscenity; Bigg Boss Series Broadcasting; Sarpanch elections and more

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

Case Briefs High Courts

Odisha Gram Panchayats Act | Contestant for Sarpanch elections should not have more than two children on date of filing of nomination: Orissa High Court

The Court considered the question that whether the election of a contestant for the post of Sarpanch, Nakhara Gram Panchayat was void as he has more than two children?

Case Briefs Supreme Court

‘Discriminated and arbitrarily deprived of the fruit of selection’; SC directs appointment of 50-year-old as Postal Assistant after 28 year wait

“If the candidature is not rejected at the threshold and candidate is allowed to participate in the selection process and ultimately his name was there in the merit list, though such candidate has no indefeasible right to claim appointment, he does have a limited right of being accorded fair and non-discriminatory treatment”.

Case Briefs High Courts

‘False promises made, huge scam committed’; Gujarat HC refuses to quash criminal proceedings against Mehul Choksi and Gitanjali Group Director

“Mehul Choksi left the country long ago and he did not cooperate with any prosecution, though various complaints are filed against Gitanjali Gems as well as in his individual capacity. He has no respect towards the process of law”.

plea against Senior Advocates' designation

Case Briefs Supreme Court

‘Expertise and Merit are the criteria for Senior Advocates’ designation’; Know Why SC rejected plea against validity of S. 16 of Advocates Act

“There has been large growth in the legal profession of first- generation lawyers making their mark, some of them young ones, coming from National Law Schools and other prominent Law Schools”.

weighted average method for captive user

Case Briefs Supreme Court

Rule 3(1)(a) of Electricity Rules and Proportionality Principle | Apply Weighted average method for proportional electricity consumption if captive user’s shareholding in CGP fluctuates: SC

The weighted average shareholding method is applied by taking average shareholding held by particular shareholder for the year for the purpose of calculating proportionate electricity required to be consumed by it in terms of the second proviso of Rule 3(1)(a).

Case Briefs Supreme Court

SC grants bail to accused in minor’s gang rape case considering the 5 years period spent in custody and slow progress of trial

Earlier, the Bombay High Court had refused to grant bail to the accused considering the seriousness of the offence.

Case Briefs Supreme Court

Wipro’s ‘Chandrika’ Soap | SC restrains Mariyas Soaps and Chemicals from using mark ‘Chandra’

Wipro Enterprises has a registered all India trade mark ‘Chandrika’ since 1976.

Case Briefs High Courts

[Section 34 of Arbitration Act] A well-reasoned arbitral award cannot be interfered with: Delhi High Court

The Arbitral Tribunal is a creature of Contract, and the Contract is the only basis on which the Learned Tribunal should adjudicate, apart from the general provisions of law and jurisprudence.

Case Briefs Supreme Court

Reformative element requires equal attention before imposing fixed term sentence without remission: Supreme Court

The Supreme Court stated that it was imperative to conduct evaluation of mitigating circumstances at the trial stage, in order ‘to avoid slipping into a retributive response to the brutality of the crime’.

Case Briefs District Court

Untrace report filed after 5 years by the IO without conducting proper investigation; Saket Court remanded back the matter for further investigation

The Court rebuked that IO for believing whatever the alleged suspects were stating as the gospel truth.

Case Briefs High Courts

Delhi High Court restrains Samaira Jewels from counterfeiting BVLGARI jewelry collection

The Delhi High Court stated that a bare glance at the goods sold by the defendants indicated that they are prima facie imitations of the plaintiff’s registered design and accordingly injuncted Samaira Jewels from the usage of such designs.

Case Briefs High Courts

Bereft senior citizen in-laws have the right to maintain peaceful possession of self-acquired property; Delhi High Court affirms eviction order of daughter-in-law

While interpreting the provisions of Senior Citizens Act, 2007, the Courts must bear the objectives and purposes for which the statute was enacted.

Case Briefs Supreme Court

High Courts not precluded from scrutinizing ITAT’s determination of Arm’s Length Price vis-à-vis Transfer Pricing: Supreme Court

The Supreme Court asserted that it was always open for the High Court to consider and examine whether the Arm’s Length Price had been determined while taking into consideration the relevant guidelines under the Act and the Rules.

Case Briefs High Courts

Andhra Pradesh High Court quashes kidnapping proceedings against father proclaiming to be the lawful guardian of minor children under Mohammadian Law

The Andhra Pradesh High Court referred to Section 361 IPC and stated that taking of a minor out of the keeping of the lawful guardian does not make the father criminally liable for kidnapping since the parties were governed by the Mohammadian Law.

Law made Easy

50 years of the unprecedented case of Kesavananda Bharati v. State of Kerala and the ‘Doctrine of Basic Structure’

Here is snippet on the evolution of ‘Doctrine of Basic Structure' in the Independent India and how the biggest legal battle continued between the Judiciary and the Legislature, as the landmark case of Kesavananda Bharati v State of Kerela (1973) 4 SCC 225 enters its Golden Jubilee year.

Case Briefs Supreme Court

Supreme Court castigates APTEL for virtually rubber stamping State Commission’s findings on coercion vis-à-vis Power Purchase Agreement

Supreme court was of the opinion that the “casual approach of APTEL, in not reasoning how such findings could be rendered, cannot be countenanced. As a judicial tribunal, dealing with contracts and bargains, which are entered into by parties with equal bargaining power, APTEL is not expected to casually render findings of coercion, or fraud, without proper pleadings or proof, or without probing into evidence.”

Case Briefs Supreme Court

Can Government employees claim Double Overtime Allowance as per the Factories Act? Supreme Court answers

The Court stated that the “claim of the respondents ought to have been tested by the Tribunal and the High Court in the proper perspective to see whether it is an attempt to get the best of both the worlds.”