Ridhi, Author at SCC Times

Executing Court cannot hold execution decree inexecutable, merely because decree-holder lost possession to an encroacher: Supreme Court

“If this is allowed to happen, every judgment-debtor who is in possession of the immoveable property till the decree is passed, shall hand over possession to a third party to defeat the decree-holder's right and entitlement to enjoy the fruits of litigation and this may continue indefinitely and no decree for immovable property can be executed.”

Case Briefs High Courts

Husband’s Live-in Partner not being a ‘relative’ cannot be prosecuted for cruelty under IPC Section 498A: Kerala High Court

“By no stretch of imagination, a girlfriend or even a woman who maintains sexual relations with a man outside of marriage in an etymological sense would be a ‘relative’.”

Case Briefs High Courts

Archbishop Patriarch of Goa not ‘public authority’ under RTI Act: Bombay High Court

“The power to strike down offending law is a scalpel, not a machete.”

Case Briefs High Courts

Bombay High Court sets aside order for custody of a minor child back to biological parents; directs Trial Court to decide validity of adoption

The biological parents first decided to give their child in adoption due to the financial crisis during COVID-19 pandemic but decided to take their son back after discussion with their respective families.

Case Briefs Supreme Court

‘Court cannot modify arbitral award under Section 34 of Arbitration Act’: Supreme Court reiterates

The Supreme Court explained that the older Act enabled the Court to modify an award, a power which was consciously omitted by Parliament while enacting the 1996 Act, hinting towards exclusion of power to modify an award.

Case Briefs High Courts

Kerala High Court upholds non-issuance of Legal Heirship Certificate in the absence of adoption documents

Kerala High Court was not satisfied with the petitioner’s claims of being an adopted daughter of the deceased.

Case Briefs Supreme Court

Supreme Court decides taxability of interest income on Bank FDs of Clubs; Illuminates Ratio Decidendi

“A decision in a case takes its flavour from the facts of the case and the question of law involved and decided.”

Case Briefs Supreme Court

Uninformed HC directed return of seized rosewood logs and lorry already sold by State; Supreme Court remits matter back to HC

The Supreme Court regarded the same to be a lapse on part of the state for not apprising the High Court of the true and up-to-date facts at the time of final hearing and remitted the matter back to the High Court for being examined afresh.

Case Briefs High Courts

[Immoral Trafficking] P&H High Court asks Chandigarh authorities to frame guidelines for operation of Spa/Massage Centres

Punjab and Haryana High Court dismissed the instant petition for pre-arrest bail since people were found having sexual intercourse during police raid in Spa Centre being run by the petitioner, a matter which awaited further investigation.

Case Briefs Supreme Court

“Election contest not an action at law or suit in equity, but a purely statutory proceeding; Election provisions must be strictly construed”: Supreme Court

“Where a right or a liability is created by a statue, which gives a special remedy for enforcing it, the remedy provided by the statue must be availed of.”

Case Briefs District Court

Wife earned 90 lakhs, husband employed in her firm earned 3.5 lakhs; Mumbai Court sets aside order granting maintenance to wife

The Court pin-pointed the huge difference in income of the husband and wife, and that there was no documentary evidence to support the wife’s claims of being indebted.

Case Briefs High Courts

‘Labour Cess not leviable on supply of materials for contract distinct from civil works’; Jharkhand High Court concurs with Single Judge Bench

The Court viewed the levy on consultancy or supply to be a clear deviation from provisions of Cess Act.

Hot Off The Press News

Sneak Peek into Supreme Court’s Handbook on Combating Gender Stereotypes

Impact is a secondary aspect, but the Supreme Court’s Handbook on Combating Gender Stereotypes is an eye-opener and a must read for everyone among and beyond the legal community.

Case Briefs Supreme Court

Supreme Court strikes 75% marks criteria in Class 12 for sports quota

“The objective of introducing the sports quota i.e., 2% of intake, was to promote and encourage those who excelled and gained a certain degree of prescribed proficiency and achievement in defined competitive sports.”

Case Briefs High Courts

Assailing vires of a statutory provision does not oblige Court to examine and entertain petitions: Bombay High Court

Bombay High Court allowed the petitioner to avail the remedy of appeal under Section 406 of MMC Act assailing the impugned assessment orders within 4 weeks, to be adjudicated by appellate authority on merits.

supreme court judgment on employment notice period

Law made Easy

Supreme Court’s take on Employment Notice Period

The transition phase from one workplace to another is a period full of uncertainty and doubts. They say that notice period is your honeymoon period, but for some, it turns out to be a perfect example of “Aag ka dariyaa hai…..doob ke jaana hai”.

Events/Webinars News

“An important contribution to the Constitution”: Justice S.K. Kaul at the book release of ‘Constitutionalism & the Rule of Law: In a Theatre of Democracy’ by Justice AK Sikri

EBC brings Justice A.K. Sikri’s book on Constitutionalism & the Rule of Law, In a Theatre of Democracy.

Case Briefs High Courts

Punjab and Haryana High Court allows Father to live with Daughter, says ‘Father-daughter relationship much older than one with daughter-in-law’

Punjab and Haryana High Court allowed the petitioner to meet her father-in-law once a week for 1 hour.

Case Briefs High Courts

“Issue an order to regulate sex-selective surgeries on infants and children within 3 months”; Kerala High Court to government

In the meantime, Kerala High Court restricted sex selective surgery to be permitted specifically on the opinion of a State Level Multidisciplinary Committee depicting the same to be essential for saving the child’s/infant’s life.

district consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Deficiency in service] DCDRC directs Amazon to compensate for defective telescope

Amazon defended its case saying that it was merely an online platform and not the seller of such defective telescope, contending that there was no deficiency in service.