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  • Posts by Prachi Bhardwaj
  • (Page 29)
Written by Prachi Bhardwaj

Senior Associate Editor, EBC Publishing Pvt. Ltd.

Case BriefsSupreme Court

Explained| Burden of proof: Criminal Proceedings versus Departmental Proceedings

The two proceedings, criminal and departmental, are entirely different. They operate in different fields and have different objectives.

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Published on September 23, 2021September 23, 2021By Prachi Bhardwaj
1 Comment10809 views
Case BriefsSupreme Court

Wrongful termination| Reinstatement with full back wages not automatic in every case, holds Supreme Court

Supreme Court: The bench of R. Subhash Reddy* and Sanjiv Khanna, JJ has held that reinstatement with full back wages is not

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Published on September 20, 2021September 23, 2021By Prachi Bhardwaj
1 Comment10573 views
Case BriefsSupreme Court

More than a prima facie case! Read Supreme Court’s test for invoking power under Section 319 Cr.P.C.

“The power cannot be exercised in a casual and cavalier manner.”

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Published on September 20, 2021September 23, 2021By Prachi Bhardwaj
Leave a comment6707 views
Case BriefsSupreme Court

Imprisonment for life is equivalent to rigorous imprisonment for life: Supreme Court

Supreme Court: In a case where a man was convicted for killing his wife on the suspicion of her infidelity and was

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Published on September 19, 2021September 23, 2021By Prachi Bhardwaj
Leave a comment6111 views
Case BriefsSupreme Court

Explained| How to know if a homicide is a ‘murder’ or ‘culpable homicide not amounting to murder’?

Supreme Court: The bench of KM Joseph and S. Ravindra Bhat*, JJ has reiterated the factors to be considered while deciding the

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Published on September 19, 2021September 23, 2021By Prachi Bhardwaj
Leave a comment9717 views
Case BriefsSupreme Court

Daughter gets divorced right after parent’s death. Can she claim compassionate appointment? SC explains

Supreme Court: In a case where a woman had sought compassionate appointment after her mother’s death in the year 2012, the bench

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Published on September 18, 2021September 23, 2021By Prachi Bhardwaj
Leave a comment4442 views
Case BriefsSupreme Court

‘Parliament entitled to make policy choices on fiscal issues’;Here’s why Supreme Court upheld constitutionality of Section 54(3) of CGST Act

“A claim to refund is governed by statute. There is no constitutional entitlement to seek a refund.”

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Published on September 15, 2021September 17, 2021By Prachi Bhardwaj
Leave a comment3440 views
Case BriefsSupreme Court

Explained| Is a suit for injunction maintainable where the plaintiff’s title is in dispute?

Supreme Court: The bench of L. Nageswara Rao and BR Gavai, JJ has, in two judgments, has held that where the plaintiff’s

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Published on September 13, 2021September 17, 2021By Prachi Bhardwaj
Leave a comment42688 views
Case Briefs

Explained| Income Tax: Are you obliged to maintain separate accounts for different types of funds held by you?

Supreme Court: In a case where the assessee had not kept their interest free funds in separate account and as such had

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Published on September 11, 2021September 17, 2021By Prachi Bhardwaj
Leave a comment2537 views
Case BriefsSupreme Court

Interest free funds not kept in separate account. Can proportionate disallowance on interest under Section 14A of IT Act be allowed? SC explains

“… in taxation regime, there is no room for presumption and nothing can be taken to be implied.”

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Published on September 10, 2021September 17, 2021By Prachi Bhardwaj
Leave a comment3303 views
Case BriefsSupreme Court

Nothing wrong with OBC Reservation for consecutive term for the office of Mayor; SC interprets Maharashtra Rules

Supreme Court: The bench of L. Nageswara Rao v. BR Gavai*, JJ has set aside the judgment of the Aurangabad bench of

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Published on September 8, 2021September 16, 2021By Prachi Bhardwaj
Leave a comment3326 views
Case BriefsSupreme Court

Born in a district of Bihar that’s now a part of Jharkhand? Here’s where you can claim reservation

Supreme Court: The bench of UU Lalit and Ajay Rastogi, JJ has held that such persons whose place of origin/domicile on or

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Published on September 3, 2021September 10, 2021By Prachi Bhardwaj
Leave a comment3999 views
Case BriefsSupreme Court

Is there a cut-off date under Para 11(3) of the Employees’ Pension Scheme? Larger bench to decide. Read why RC Gupta verdict needs to be re-visited

Supreme Court: The bench of UU Lalit and Ajay Rastogi, JJ has referred the question as to whether there would be a

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Published on August 26, 2021August 27, 2021By Prachi Bhardwaj
2 Comments9580 views
Case BriefsSupreme Court

“Can’t see illegal admission sympathetically”. No relief from SC to students admitted to Medical College through private counselling

“Though we have all the sympathies with the students, we will not be in a position to do anything to protect the admissions, which were done in a patently illegal manner.” 

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Published on August 20, 2021September 3, 2021By Prachi Bhardwaj
Leave a comment3301 views
Case BriefsSupreme Court

Explained| How to know if a document is a mortgage or a conditional sale?

Supreme Court: The bench of Hemant Gupta and AS Bopanna, JJ has held that in order to determine whether a document is

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Published on August 18, 2021August 20, 2021By Prachi Bhardwaj
Leave a comment5080 views
Case BriefsSupreme Court

Explained: Explanation 3C of Section 43B of Income Tax Act, 1961 clarificatory or adds a new condition?

Supreme Court: The division bench of RF Nariman* and BR Gavai, JJ has explained the object and scope of Explanation 3C of

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Published on August 11, 2021August 20, 2021By Prachi Bhardwaj
1 Comment5225 views
Case BriefsSupreme Court

No preventive detention on ground of a possible apprehension of breach of law and order; Supreme Court explains true import of ‘public order’

Supreme Court: In a case where the detenu was accused of committing a series of criminal offences from October, 2017 to December,

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Published on August 5, 2021August 6, 2021By Prachi Bhardwaj
1 Comment4566 views
Case BriefsSupreme Court

Unexplained bank transactions by Judge| Can Full Court order compulsory retirement despite clean chit by Vigilance Committee? SC explains

Supreme Court: In the case where the Governor of Haryana had directed compulsory retirement of an Additional District and Sessions Judge after

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Published on August 3, 2021August 6, 2021By Prachi Bhardwaj
Leave a comment3451 views
Case BriefsSupreme Court

Explained: Does Limitation Act, 1963 apply to arbitration proceedings under Section 18(3) of Micro, Small and Medium Enterprises Development Act, 2006

Supreme Court: The bench of Ashok Bhushan and R. Subhash Reddy*, JJ has held that the Limitation Act, 1963 is applicable to

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Published on July 8, 2021July 9, 2021By Prachi Bhardwaj
Leave a comment3866 views
Case BriefsSupreme Court

Explained: Maintainability of counter claims in arbitration proceedings under Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006

Supreme Court: The bench of Ashok Bhushan and R. Subhash Reddy*, JJ has held that the Micro, Small and Medium Enterprises Development

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Published on July 7, 2021July 9, 2021By Prachi Bhardwaj
Leave a comment5679 views

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