Editor_4, Author at SCC Times

[Custodial Torture] Patna HC | “Sorry state of affair”; HC slams police for using third degree torture to extract confession

Patna High Court: A. M. Badar, J., granted bail to the person arrested on the basis of forcefully extracted confession made during

Case Briefs High Courts

[NDPS Act] P&H HC | FSL report available on record yet Trial Court records it unavailable to grant bail; HC directs disciplinary action against Presiding Officer of Trial Court

Punjab and Haryana High Court: Manoj Bajaj, J., directed for disciplinary action against the Presiding Officer of the Trial Court who had

Case Briefs Supreme Court

Explained| Medical Negligence: Can doctors be held liable for negligence if patient can’t survive surgical procedures?

Supreme Court: The Division Bench comprising of Hemant Gupta* and V. Ramasubramanian, JJ., set aside NCDRC’s order granting 14 lakhs compensation to

Case Briefs Supreme Court

Can NCLT entertain an arbitrable dispute? SC sets the yardsticks of residuary powers of NCLT under IBC

“The residuary jurisdiction of the NCLT cannot be invoked if the termination of a contract is based on grounds unrelated to the insolvency of the Corporate Debtor.”

Case Briefs High Courts

Ker HC | Can an employee claim Special Disability leave for the period spent on treatment and hospitalization due to road accident while going to workplace? HC answers

Kerala High Court: The Division Bench of A.K. Jayasankaran Nambiar and Mohammed Nias C.P, JJ., directed the government of Kerala to consider

Case Briefs High Courts

[Model Code of Conduct] Kar HC | Mere display of any stickers and flags on vehicles of any particular party will not attract/invoke S. 171 H IPC

Karnataka High Court: H P Sandesh J. allowed the petition and quashed the proceedings initiated against the petitioners. This petition is filed

Case Briefs High Courts

[Kottiyoor Rape Case] Ker HC upholds conviction of former priest; reduces 20 years rigorous imprisonment to 10 years

Kerala High Court: In an infamous case of sexual assault whereby the priest of the St. Sebastian Church had impregnated a minor

Case Briefs High Courts

Kar HC | No permission to be granted for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places

Karnataka High Court: A Division Bench of Satish Chandra Sharma CJ. and Sachin Shankar Magadum J. allowed the petition and quashed the

Case Briefs Supreme Court

Flimsy plea, feeble excuse; Here’s why Supreme Court barred Bharti Airtel from seeking GST refund of Rs. 923 crores

“The common portal is only a facilitator to feed or retrieve such information and need not be the primary source for doing self-assessment.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Can refund claim be denied on the ground that freight had not been included in the assessable value? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) allowed an appeal wherein the refund claim was denied in

Case Briefs High Courts

J&K and Ladakh HC | Dishonour of cheque; HC advices Criminal Courts to impose fine equivalent to amount of cheque plus at least 6% interest per annum

Jammu & Kashmir and Ladakh High Court: Sanjeev Kumar, J., held that the sentence of fine under Section 138 of N.I.Act must

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether payment of service tax is right utilization of cenvat credit, and can the same tax be demanded again? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial Member) allowed an appeal which involved the issue as to whether

Case Briefs Supreme Court

Not open for Courts to usurp function of disciplinary authority; Can’t substitute one disciplinary punishment with other: SC

Supreme Court: The Division Bench of Ajay Rastogi* and Abhay S. Oka, JJ., set aside the judgment of the Delhi High

Case Briefs High Courts

Ker HC | No enquires required; HC lays down detailed guidelines for speedy disposal of petitions seeking judicial endorsement of extrajudicial divorce

Kerala High Court: The Division Bench of A. Muhamed Mustaque and Kauser Edappagath, JJ., issued detailed guidelines for Family Courts for speedy

Case Briefs Supreme Court

Law abiding ex-employees cannot be put to disadvantage merely for vacating the quarters on notice; SC holds decision to grant quarters only to unauthorized occupants is illegal

“To allot the plots to those employees who were found to be in unauthorized occupation would tantamount to giving a premium to their illegality and remaining in occupation and possession of the quarters illegally and unauthorizedly.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Punishment of “Severe Reprimand” after summary trial not a “service matter”; Tribunal has no jurisdiction to deal with such issues

Armed Forces Tribunal (Principal Bench): The Bench of Rajendra Menon, J., (Chairperson) and Lt Gen P.M. Hariz, Member (A) held that punishment

Case Briefs High Courts

Ker HC | Being in love isn’t synonymous to consent for sexual intercourse; HC upholds conviction for rape

Kerala High Court: R. Narayana Pisharadi, J., held that passive submission made by the victim under unavoidable circumstances as she had no

Case Briefs Supreme Court

‘General phraseology of a contract cannot constitute agreement to apply statutory amendments retrospectively’; SC holds contractual clauses cannot run contrary to legislative intent

Supreme Court: The Division Bench of Sanjay Kishan Kaul and M.M. Sundresh, JJ., held that a generally worded clause of a contract

Op Eds OP. ED.

Ecocide: Will it be the Fifth International Crime

by Kerti Sharma*

Case Briefs Supreme Court

Contractual bar on interest doesn’t only bar the parities from claiming it but also the Arbitrator from awarding it: SC

“Once the contractor agrees that he shall not be entitled to interest on the amounts payable under the contract, including the interest upon the earnest money and the security deposit, the arbitrator in the arbitration proceedings being the creature of the contract has no power to award interest”