Editor_4, Author at SCC Times

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Interest on delayed refund is payable under S. 11BB of Central Excise Act, 1944; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): S.S. Garg (Judicial Member) allowed appeals directed against the common impugned order passed by

Case Briefs High Courts

P&H HC | Pending application under Or. 6 R. 17 CPC ought to have been decided prior to the decision in the application under Or. 7 R. 11 CPC; Court allows revision petition

Punjab and Haryana High Court: In a revision petition challenging an order passed under Order 7 Rule 11 CPC; Raj Mohan Singh,

Case Briefs High Courts

All HC | Principle contained in S. 141 of NI Act is not applicable to a sole-proprietary concern, firm need not be arraigned as an accused while making a claim for recovery under S. 138 of the NI Act

Allahabad High Court: While deciding a petition filed under Article 227 of the Constitution of India, Suresh Kumar Gupta, J., dismissed the

Case Briefs High Courts

Kar HC | Approval from the Medical Council for the purpose of practicing as a private medical practitioner cannot be withheld by the authorities on arbitrary grounds; Writ Petition Allowed

Karnataka High Court: R. Devdas, J., while allowing the present Writ Petition, directed the Medical Council to issue the No Objection Certificate

Case Briefs Foreign Courts

SL SC | Translation of judgment can’t be obtained if you are not a party or Attorney-at-Law to the related case under Art. 24(3) of Constitution; Court rejects motion

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Judge Bench of Priyantha Jayawardena, Vijith K. Malalgoda and Murdu

Op Eds OP. ED.

50 years of Surendra Malik’s legacy of creating SCC and beyond -The doyen of legal reporting in India

What can you say about a man who completed 50 years creating an essential building block of India’s legal landscape? That

Case Briefs Foreign Courts

SCOTUS | Providing dissimilar treatment for men and women who are similarly situated cannot stand in the face of Fourteenth Amendment and the Equal Protection Clause: Court while construing provisions of Idaho Code

Supreme Court of the United States (SCOTUS): A Full Judge Bench of Warren E. Burger, C.J. and Lewis F. Powell, Jr., Harry

Case Briefs High Courts

HP HC | Can wife claim maintenance under S.12 of the Protection of Women from Domestic Violence Act, 2005 over ‘ancestral property’ of the husband? HC explains

Himachal Pradesh High Court: Jyotsna Rewal Dua J., disposed off the petition without any interference with impugned orders. The facts of the

Case Briefs High Courts

Utt HC | Supply of cement, steel and bricks etc. to the contractors by Government Department, for which cost is deducted from bills of contractors amounts to sale, thus taxable, Court allows revision petition

Uttaranchal High Court: A Division Judge Bench of K.M. Joseph and Sharad Kumar Sharma, JJ., had allowed a revision which was filed

Case Briefs High Courts

Kar HC | Whether an insufficiently stamped sale agreement, containing arbitration clause for appointment of sole arbitrator enforceable under S.11(6) of Arbitration and Conciliation Act, 1996; HC reiterates settled legal position on said premise

Karnataka High Court: S.R. Krishna Kumar, J., allowing the present petition for the appointment of a sole arbitrator under Section 11(6) of

Know thy Judge

Know Thy Judge| Justice Hemant Gupta

“The Court should not under the guise of preventing the abuse of power be itself guilty of usurping power.”

Case Briefs High Courts

Guj HC | Reasons given by lower authorities sound enough to set aside removal of Sarpanch under S. 57(1) of Gujarat Panchayat Act; Court dismisses petition

Gujarat High Court: A.G. Uraizee, J., dismissed a petition which was filed aggrieved by the dismissal of Revision Application by the Secretary,

Case Briefs High Courts

Kar HC | Immediate termination, without any disciplinary enquiry by the department concerned runs contrary to the statutory principles of Service Law; Writ Petition allowed

Karnataka High Court: P.B. Bajanthri, while allowing the present writ petition against the termination of services without any disciplinary enquiry, reiterated the

Case Briefs High Courts

HP HC | Does S. 18/18 A of SC/ST Prevention of Atrocities Act, 1989 restricts an accused from surrendering before Court and praying for interim bail under S. 439 CrPC? HC gives a reasoned order

Himachal Pradesh High Court: Anoop Chitkara J., delivered a well-reasoned order and held that the practice of the accused surrendering and getting

Case Briefs High Courts

Guj HC | Respondent entitled to gratuity under S. 2(e) of Payment of Gratuity (Amendment) Act, 2009; Court dismisses appeal while reproducing observations of Single Judge

Gujarat High Court: The Division Bench of Vikram Nath, CJ and Ashutosh J. Shastri, J., dismissed a Letters Patent Appeal which was

Case Briefs High Courts

Ori HC | Are private banking companies discharging banking services amenable to writ jurisdiction? HC analyses

Orissa High Court: Biswajit Mohanty J., dismissed the petition being non-maintainable. The facts of the case are such that the petitioner took

Case Briefs High Courts

P&H HC | A co-sharer in a property can seek a permanent injunction against other co-sharers if the value or utility of property is diminished; Court directs parties to maintain status quo

Punjab & Haryana High Court: While deciding an appeal filed by the petitioner against the order passed by the Additional District Judge,

Case Briefs High Courts

HP HC | S. 100 CPC restricts the right of second appeal only to those cases where a substantial question of law is involved

Himachal Pradesh High Court: Jyotsna Rewal Dua J., dismissed the appeal on ground of impugned judgment/orders being devoid of any infirmity. The

Case Briefs High Courts

Kar HC | Elaborating upon S.6 of Passport Act, Court directs for renewal of passport to authorities concerned irrespective of a pending criminal case against petitioner

Karnataka High Court: Hemant Chandangoudar J., while allowing the Writ Petition against the Passport Authority, elaborated upon the relevant provisions of the

Case Briefs High Courts

Ker HC | In matrimonial matters preference is to be given to convenience and welfare of children over wife; HC dismisses application for transfer of case

Kerala High Court: While deciding an application for transfer of two cases from one jurisdiction to another, R. Narayana Pisharadi, J., disposed