Editor_4, Author at SCC Times

Calcutta High Court | Illegal procedure for appointment of Arbitrator does not render Arbitration agreement illegal in toto; Guiding Principles for Appointment of Arbitrator reiterated

Calcutta High Court: In a petition challenging the appointment of sole Arbitrator by the respondent, Shekhar B. Saraf, J., held

Case Briefs High Courts

Madras High Court| PT warrant can never be converted into regular warrant in a case where the accused person is already on bail; opportunity should be given to the accused to explain his non-appearance

Madras High Court: In a case related to an appeal filed for the cancellation of an order of dismissing the bail application

Case Briefs High Courts

Delhi High Court allows medical termination of pregnancy for a 16-year-old rape victim having foetus beyond 28 weeks

Delhi High Court: In a case seeking grant of medical termination of pregnancy by a 16-year-old rape victim (‘petitioner’), Yashwant Varma J.,

Advance Rulings Case Briefs

When does printing of stationery items for exams amounts to ‘supply of service’ or ‘supply of goods’ to educational institutions? Karnataka Authority for Advance Ruling explains

Authority for Advance Ruling, Karnataka: In a case relating to whether printing of stationery items for conduct of examinations would amount to

Case Briefs High Courts

Bombay High Court| S. 14 of SARFAESI Act empowers the Designated Authority only to assist secured creditors in taking possession of secured assets and nothing more

Bombay High Court: While deciding the instantwrit petition wherein the issue was regarding transgression of Additional District Magistrate’s jurisdiction under Section 14

Case Briefs Tribunals/Commissions/Regulatory Bodies

What is the effect of commencement of proceedings under the IBC, over any pending proceedings before another Court or Tribunal? ITAT discusses

Income Tax Appellate Tribunal (ITAT), Hyderabad: While deciding the instant appeal in the backdrop of Corporate Insolvency Resolution Proceedings (CIRP) pending against

Advance Rulings Case Briefs

Authority for Advance Ruling (Karnataka) |Karnataka Textbook Society is neither classified as a “State Government” nor an “Educational Institution”

Authority for Advance Ruling (Karnataka): In a case relating to whether Karnataka Textbook Society(‘KTBS’) can be classified as an “educational institution” or

Case Briefs High Courts

Delhi High Court grants relief to a student seeking admission in BITS Pilani after CBSE violates ‘legitimate expectation of the students’

The factum of the recommendation and its acceptance was kept a secret from public and students at large, until the fag end and on the very date the results were declared, it was disclosed to the students. This clearly shows the arbitrariness and lapse on the part of the Board to keep the students in the dark about the weightage formula adopted for preparation of final result.

Case Briefs High Courts

Jharkhand High Court | Post Retiral Benefits will also be granted if found entitled to any benefit under Assured Career Progression Scheme

Jharkhand High Court: Anubha Rawat Choudhary, J., while disposing of the instant petition filed against the order passed by the

Case Briefs High Courts

Karnataka High Court permits State Government to consider applications for holding religious and cultural activities at Eidgah Maidan for limited period

Karnataka High Court: In a case where the State has filed an appeal to seek modification in an interim order passed by

Case Briefs Supreme Court

Confessions made to Additional SP under Section 12 MCOCA not inadmissible; rank of SP includes SP, Additional SP, DCP: SC

“A difference in the seniority of a particular officer is not the same as a difference in their ranks.”

Case Briefs High Courts

Duty of the claimants to prove negligence under S.166 of the Motor Vehicles Act; Madras High Court set aside the award

Madras High Court: In an appeal filed against the ruling of the Motor Accident Claims Tribunal, granting compensation to the three deceased

Case Briefs High Courts

Bombay High Court| Once prosecution has proved the offence of rape, there is no reason for the Trial Court to award a lesser sentence than what the statute prescribes

Bombay High Court: While deliberating upon the instant appeal challenging the conviction and sentence under Section 376, IPC [rape], the Division Bench

Case Briefs High Courts

Madras High Court reiterates Supreme Court’s view on appointment of member with legal background in the Commissions

Madras High Court: In the case relating to the issue raised by the petitioners, that whether Tamil Nadu Electricity Regulatory Commission (‘the

Case Briefs High Courts

Kerala HC issues notice to Centre & State in a PIL seeking extension of facilities to every person with disability in need of special assistance irrespective of percentage of disability

Kerala High Court: In a PIL seeking extension of facilities to every person with a disability in need of special assistance irrespective

Case Briefs High Courts

Delhi High Court upholds CCI’s direction to investigate alleged anti-competitive WhatsApp Terms of Service and Privacy Policy, 2021; Prima facie case established to investigate; FB a proper party

Parallel inquiries by two different authorities in their respective spheres of adjudication are not uncommon and a slight overlap between the inquiries does not mean that one must lead to the ouster of the other.

Case Briefs High Courts

Madras High Court| LGBTQIA+ community sidelined from society’s mainstream for too long; Time for Tamil Nadu Government to frame guidelines to protect their rights

“If the Government is really willing and serious about the upliftment of persons belong to LGBTQIA+community, some urgency must be shown to finalise the policy and the rules.”

Case Briefs Foreign Courts

Court of Appeal of the Republic of Singapore| CPC Cost Provisions “unlikely to deter” lawyers from providing bona fide legal advice; Constitutionality upheld

“The claim pertains to events that occurred between 2016 and 2018 and was then not followed up until 2022, a few days before the sentence was to be carried out. For all these reasons we are satisfied that OC 173 is without merit and an abuse of process and cannot therefore be a basis for us to grant a stay of execution.”