Prachi Bhardwaj, Author at SCC Times

Explained| Jurisdiction under Waqf Act, 1995: Civil Court versus Tribunal

“To say that the Tribunal will have jurisdiction only if the subject property is disputed to be a waqf property and not if it is admitted to be a waqf property, is indigestible in the teeth of Section 83(1) of the Waqf Act.”

Case Briefs Supreme Court

Explained| Same offence but separate trials – Can appellate court pass common judgment based on evidence recorded in only one trial?

Supreme Court: In the case where two different criminal appeals were being heard against two sets of accused, on account of one

Case Briefs Supreme Court

Some out of five accused abscond; remaining can still be tried for dacoity: Supreme Court

Supreme Court: In a case where two accused absconded and hence, the trial was split and three accused came to be tried

Legal RoundUp Supreme Court Roundups

Supreme Court Monthly Roundup – October 2021

“In matters pertaining to national security, the scope of judicial review is limited. However, this does not mean that the State gets

Case Briefs Supreme Court

National Security Act| Delay in considering representation; non-communication of rejection strike at the heart of fundamental rights of detenu: SC

“Preventive detention in independent India is to be exercised with utmost regard to constitutional safeguards.”

Cases Reported SCC Archives

SCC Snippets| Contract of Insurance vis-à-vis the requirement of uberrima fides

In Vikram Greentech (I) Ltd. v. New India Assurance Co. Ltd., (2009) 5 SCC 599, the bench of DK Jain and RM

Case Briefs Supreme Court

Explained| What invalidates surrender of tenancy under the Andhra Pradesh Tenancy (Andhra Area) Act, 1956?

Supreme Court: Interpreting the provisions of the Andhra Pradesh Tenancy (Andhra Area) Act, 1956, the bench of UU Lalit and S. Ravindra

Case Briefs Supreme Court

UAPA| ‘Mere association with a terrorist organisation not enough’. SC grants bail to 2 Kerala men booked over Maoist links

Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka*, JJ has granted bail to Thwaha Fasal and Allan Shuaib, booked

Case Briefs Supreme Court

Explained| Section 263 of Income Tax Act: Date of order or receipt of order – When does the limitation clock starts ticking?

Supreme Court: Interpreting Section 263(2) of the Income Tax Act, 1961, the bench of MR Shah* and AS Bopanna, JJ has held that receipt

Case Briefs Supreme Court

Karnataka High Court calls person committing suicide a ‘weakling’! Don’t diminish the gravity of mental health issues, says SC

“How an individual copes up with a threat- both physical and emotional, expressing (or refraining to express) love, loss, sorrow and happiness, varies greatly in view of the multi-faceted nature of the human mind and emotions.”

Case Briefs Supreme Court

Section 138 of NI Act| No hard and fast rule that a cheque issued as security can never be presented by drawee: Supreme Court

“A cheque issued as security pursuant to a financial transaction cannot be considered as a worthless piece of paper under every circumstance.”

Case Briefs Supreme Court

‘All we want to do is give a last chance to him!’ Supreme Court temporarily restores Yatin Oza’s Senior Advocate designation for two years

Supreme Court: The bench of Sanjay Kishan Kaul* and R. Subhash Reddy, JJ has temporarily restored the senior designation of Advocate Yatin

Case Briefs Supreme Court

Pupil-teacher ratio for special schools; special teachers for Children with Special Needs in general schools: Here’s SC’s stopgap arrangement till Centre notifies norms

Supreme Court: The 3-judge bench of AM Khanwilkar*, Dinesh Maheshwari and CT Ravikumar, JJ has directed the Central Government to notify the

Case Briefs Supreme Court

MV Act| Tribunals, Courts must recognize actual needs; award just compensation to help restore dignity of claimant with permanent disability: SC

Supreme Court: Reminding the Courts that the Motor Vehicles Act is in the nature of social welfare legislation and its provisions make

Case Briefs Supreme Court

Surveillance versus right to privacy| Five unmissable quotes from the Pegasus Order

“If you want to keep a secret, you must also hide it from yourself.” George Orwell, 1984 Supreme Court: The 3-judge bench of NV Ramana, CJ and Surya Kant and Hima Kohli, JJ has appointed an Expert

Case Briefs Supreme Court

Pegasus| ‘National security cannot be the bugbear that the judiciary shies away from’. Here’s why the initially reluctant Supreme Court finally decided to interfere

“The free flow of information from the Petitioners and the State, in a writ proceeding before the Court, is an important step towards Governmental transparency and openness, which are celebrated values under our Constitution.”

Case Briefs Supreme Court

Vicarious liability in a contempt case? Contempt jurisdiction knows no such concept: Supreme Court

“Merely because a subordinate official acted in disregard of an order passed by the Court, a liability cannot be fastened on a higher official in the absence of knowledge.”

Case Briefs Supreme Court

The what, the why, the who and the how: All you need to know about SC’s independent probe order in Pegasus case

“… it was an extremely uphill task to find and select experts who are free from prejudices, are independent and competent.”

Case Briefs Supreme Court

Explained| Can proceeding under SC/ST Act be quashed on the basis of compromise between accused and victim?

The Courts ought to be vigilant to ensure that the complainant-victim has entered into the compromise on the volition of his/her free will and not on account of any duress. If the Courts find even a hint of compulsion or force, no relief can be given to the accused party.

Case Briefs Supreme Court

What amounts to attempt to rape? Supreme Court explains in a 2005 attempted rape of minor girls

Supreme Court: In a case where the accused had lured minor girls aged 8 and 9, took them inside the room, closed