law Archives

Repeated inquiries for verification of caste certificates detrimental to members of SC/ST: Supreme Court states when reopening inquiry into caste certificate is permissible

Supreme Court: A Division Bench of L. Nageswara Rao and Aniruddha Bose, JJ. reversed a judgment of the Madras High Court delivered

Case Briefs Tribunals/Commissions/Regulatory Bodies

CAT | Can family pension be equated with a compassionate appointment? Can employer deny grant of one benefit because the other one was refused by beneficiary? Tribunal answers

Central Administrative Tribunal: Mohd. Jamshed, Member (A), held that compassionate appointment cannot be equated with family pension. Slamming the respondents for their

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Can service tax be levied on the composite works contracts services? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Ashok Jindal (Judicial Member) and Sanjiv Srivastava (Technical Member) allowed an

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Duping investment advisory, non-co-operation in inspection, blaming undocumented employees, request to de-freeze account with Rs 1,298 | Convoluted statements and demands- Affirms Interim Order

Securities Exchange Board of India (SEBI): Madhabi Puri Bach, Whole Time Member, while affirming ex-parte ad Interim Order on not finding any

Case Briefs Supreme Court

Judges speak through their judgments and orders: Supreme Court pens down it’s opinion on oral regimes

Supreme Court: The Division Bench of Dr Dhananjaya Y Chandrachud and MR Shah, JJ., while addressing a matter expressed that, The administration

Case Briefs High Courts

MP HC | Flag Code is not “law” under Art. 13 of Constitution, but mere compendium of executive instructions; flying of National Flag between sunset and sunrise not contemptuous

Madhya Pradesh High Court: S.A. Dharmadhikari, J., allowed a petition which was filed invoking inherent powers of this Court under Section 482

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | ‘Reasonable opportunity to be heard’ to initiate inquiry is ‘unreasonable’: Show cause notice is abundant while ‘opportunity’ is redundant

Securities Appellate Tribunal, Mumbai (SAT): The Coram of Justice Tarun Agarwala, (Presiding Officer) and Justice M.T. Joshi (Judicial Member), while dismissing the

Case Briefs High Courts

Del HC | Will the rights of a prior user override those of subsequent user even though it had been accorded registration of its trademark? All-Inclusive Report on Trademark Infringement of ‘Rajdhani’

Delhi High Court: Jayant Nath, J., did a comprehensive analysis of the matter involving trademark infringement. Legacy of Rajdhani Plaintiff had originally

Case Briefs High Courts

Megh HC | State not to insist on production of Aadhaar Card as the only proof of identity for vaccination

Meghalaya High Court: The Division Bench of Biswanath Somadder, CJ. and H.S. Thangkhiew, J. heard a PIL which was filed with two

Case Briefs High Courts

Kar HC granted maternity leave to senior resident doctor employed on contract basis who was denied the same by Joint Director, ESIC Medical College & Hospital, Kalaburagi

Karnataka High Court: Nataraj Rangaswamy, J., allowed the petition and granted maternity leave by setting aside the impugned order. The facts of

Op Eds OP. ED.

The Essentials of an Option Agreement

by Anjana Menon†

Advance Rulings Case Briefs

Whether reimbursement by Industry Partner to Third Party Aggregator of stipend paid to trainees, would attract GST? Comprehensive report on MahaGST’s decision

Maharashtra Authority for Advance Ruling (MahaGST): The Bench of Rajiv Magoo Joint Commissioner of Central Tax and T.R. Ramnani, Joint Commissioner of

Advance Rulings Case Briefs

MahaGST | Whether activity of providing hostel to students on rent is taxable or not? If yes, under which exemption | Read detailed report

Maharashtra Authority for Advance Ruling (MahaGST): The Bench of Rajiv Magoo, Joint Commissioner of Central Tax and T.R. Ramnani, Joint Commissioner of

Case Briefs Supreme Court

Issue-wise analysis of why SC ordered demolition of illegal twin towers constructed by Supertech, prosecution of NOIDA and Supertech officials for collusion and possible statutory violations

‘The law must step in to protect legitimate concerns of residents whose quality of life is directly affected by the failure of

Case Briefs High Courts

Chh HC | The principle of ‘No Work No Pay’ would not be applicable where the rule expressly direct otherwise; Matter remitted back to consider grant of full pay and allowances

Chhattisgarh High Court: Sanjay K Agrawal, J., allowed the writ petition and remitted the matter to the appellate authority to consider the

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Abysmal standards of service to investors, violation of maturity dates of FMP: Kotak Mahindra mulcted and trammelled from launching FMP

Securities Exchange Board of India (SEBI): S.K. Mohanty, Whole Time Member while imposing penalty under Section 11B(2) read with Section 15D(b) and

High Court Round Up Legal RoundUp

High Courts Monthly Round-Up: August, 2021

Here’s a short recap of what we covered under the High Court’s section on the SCC Online Blog for the month of

Case Briefs High Courts

P&H HC | Huge recovery of contraband drug, failure to register FIR under NDPS Act; HC senses attempt to protect the offender by the authority; hands over the case to CBI

Punjab and Haryana High Court: Arvind Singh Sangwan, J., came down heavily on State Authorities for discrepancies in investigation of the NDPS

Case Briefs High Courts

Pat HC | Victim’s Right to appeal; Is there a right conferred on victim to appeal for enhancement of sentence? HC answers

Patna High Court: The Division Bench of Ashwani Kumar Singh snd Arvind Srivastava, JJ., reiterated that a victim has no right to

Case Briefs High Courts

Ori HC | “India will be free when the women feel safe to walk in the streets of India in the midnight”; Conviction upheld under S. 341 IPC and S. 4 of POCSO Act

Orissa High Court: S. K. Sahoo, J., dismissed the petition being devoid of merits and upheld the conviction passed in the impugned