Prachi Bhardwaj, Author at SCC Times

Frivolous petitions defeating the noble object behind PILs and burdening SC and HCs; Bonafides of Litigants must be examined carefully: SC

“Although the jurisprudence of Public Interest Litigation has matured, many claims filed in the Courts are sometimes immature.”

Legal RoundUp Supreme Court Roundups

Supreme Court February 2022 Roundup: MP Judge Sexual Harassment case; Amazon-Future-Reliance Deal; Child Trafficking testimonies through video conference and more

“No doubt, that a Judicial Officer while discharging his/her duties, is expected to be independent, fearless, impassionate and non-impulsive. But a Judicial

Case Briefs Supreme Court

Advocate an officer of the Court; May be appointed by CMM/DM to assist in execution of order passed under Section 14(1) of SARFAESI: SC

Supreme Court: Holding Advocates to be officers of the Court, the bench of AM Khanwilkar* and CT Ravikumar, JJ t has held

Appointments & Transfers Case Briefs News Supreme Court

Supreme Court invites applications seeking conferment of designation of Senior Advocates

On 25.02.2022, the Supreme Court has invited applications seeking conferment of designation of Senior Advocates from retired Chief Justices/ Judges of High

Case Briefs Supreme Court

Compassionate Appointment cannot be denied to children born from the second wife of a deceased employee: SC

“A policy cannot discriminate against a person only on the ground of descent by classifying children of the deceased employee as legitimate and illegitimate and recognizing only the right of legitimate descendant.”

Case Briefs Supreme Court

Default/Delay in payment of EPF by employer: Mens rea or actus reus not an essential element for imposing civil penalty/damages

Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka, JJ has held that any default or delay in the payment

Case Briefs Supreme Court

Section 138 NI Act| Prima-facie indication as to complaint by a company through an authorised employee having knowledge of the case enough for Magistrate to take cognizance

Supreme Court: The 3-judge bench of NV Ramana, CJ and AS Bopanna* and Hima Kohli, JJ has held that when the complainant/payee

Case Briefs Supreme Court

Financier-in-possession of a motor/transport vehicle liable to pay tax under U.P. Motor Vehicles Taxation Act, 1997: SC

Supreme Court: While dealing with the scope of Section 12 of the U.P. Motor Vehicles Taxation Act, 1997, bench of MR Shah*

Case Briefs Supreme Court

Explained| Does Army Act provide lesser punishment even for serious offences? Is a person not tried by Court Martial but by a Criminal Court at a disadvantageous position?

Supreme Court: In a case where it was argued before the bench of Dr. DY Chandrachud* and Surya Kant, JJ that in

Case Briefs Supreme Court

Fraudulent Trading| SEBI must disclose all relevant material, including Investigation Report, to noticee except certain sensitive information: SC

Supreme Court: In a case where the Court was dealing with the violation of the provisions of the SEBI (Prohibition of Fraudulent

Case Briefs Supreme Court

Applications under Section 156 (3) Cr.P.C. being filed only to harass other; Filing of affidavit a must: SC

Supreme Court: In a case where the Magistrate had passed an order under Section 156(3) CrPC even in absence of an affidavit

Case Briefs Supreme Court

Divorce| Can long Separation lead to inference regarding desertion in all cases? Supreme Court decides

Supreme Court: In a case where it was argued that merely because husband and wife are staying separately since a long time,

Case Briefs Supreme Court

Minor penalties, without cumulative effect, are still a proof of tainted service record; Benefit of Selection Grade can’t be claimed as a right: SC

Supreme Court: In a case where a former employee of Rajasthan State Road Transport Corporation sought benefit of Selection Grade, 7 years

Case Briefs Supreme Court

Amazon-Future-Reliance Dispute| SC allows Future Group to approach Delhi HC for continuation of merger deal with Reliance Group

Supreme Court: The 3-judge bench of NV Ramana, CJ and AS Bopanna and Hima Kohli, JJ has granted liberty to Future Retail

Case Briefs Supreme Court

Section 498A IPC| Husband’s relatives cannot be forced to undergo trial in absence of specific allegations of dowry demand

“A criminal trial leading to an eventual acquittal also inflicts severe scars upon the accused.”

Case Briefs Supreme Court

No Corporation/Planning Authority can be compelled to acquire an unusable or unsuitable land and be compelled to pay compensation to landowners: SC

Supreme Court: In a case where the Bombay High Court had directed Kolhapur Municipal Corporation to acquire an unusable land under the

Case Briefs Supreme Court

Explained| Can an insurance claim be repudiated in case of delay in informing the Insurance Company regarding the theft of vehicle?

Supreme Court: The bench of Sanjiv Khanna and Bela M. Trivedi, JJ has held that an Insurance Company cannot repudiate a claim

Case Briefs Supreme Court

Harassed, transferred, left with no choice but to resign: Read how this MP District Judge won half the battle in alleged sexual harassment case as SC orders her reinstatement

The resignation by the petitioner was on account of exasperation and frustration actuated by a thought, that injustice was being meted out to her by the very Institution of Judiciary.