Editor_4, Author at SCC Times

Union Budget 2023-24 Highlights: What’s in bag for middle-class?

On 1-02-2023, the Union Finance Minister, Nirmala Sitharaman announced the Union Budget 2023. The budget is particularly focused upon inclusive development, especially

Case Briefs District Court

Lucknow Court signs release order of Siddique Kappan after being granted bail for offences under PMLA and UAPA

Sessions Court, Lucknow: In a case filed by the Enforcement Directorate against Kerala journalist Siddique Kappan, who was incarcerated under the Unlawful

Case Briefs High Courts

Punjab and Haryana High Court | Non-Domicile Candidates not entitled to 33% reservation for women under Punjab Civil Services Rules, 2020

The Court acknowledged the Punjab Government’s intention to grant 33% reservation to the women of the ‘State of Punjab’ in direct recruitment of Group-A, B, C and D posts.

Case Briefs High Courts

Magistrate cannot summon accused on a printed proforma without assigning any reason nor can take cognizance on police report without applying judicial mind, Allahabad High Court reiterates

Allahabad High Court remitted back the matter to the Magistrate and directed him to decide afresh the issue for taking cognizance and summoning the applicants and pass appropriate orders in accordance with law.

Cases Reported SCC Weekly

2023 SCC Vol. 1 Part 4

Arbitration and Conciliation Act, 1996 — Ss. 20 and 42 r/w S. 2(1)(e) — Jurisdictional seat of arbitration once fixed under S.

Hot Off The Press News

Supreme Court Collegium recommends two more names for appointment as SC Judges, against the two remaining vacancies

The Collegium recommends two more names of Justice Rajesh Bindal, Chief Justice, Allahabad High Court and Justice Aravind Kumar, Chief Justice, Gujarat

Case Briefs High Courts

Bombay High Court| Procedure of constitution of the Arbitral Tribunal is overshadowed by MSMED Act, but does not eclipse the agreement between parties in case of exclusive jurisdiction

Bombay High Court: In a petition filed by Gammon Engineers & Contractors Pvt. Ltd. under Section 34 of the Arbitration Act, 1996

Case Briefs High Courts

‘Societal interest & purity in politics need to be balanced’; Kerala High Court suspends Lakshadweep MP, Mohammed Faizal’s conviction

Kerala High Court suspended Lakshadweep MP, Mohammed Faizal’s conviction and sentence of imprisonment until the disposal of appeal against the decision of Sessions Court

Case Briefs High Courts

Can Indian revenue authorities go after tax residency certificate issued by other tax jurisdiction and issue a re-assessment notice u/s 147 Income Tax Act? Delhi High Court rules

A clarificatory press release dated 1-03-2013 issued by the Finance Ministry pursuant to the 2013 amendment makes it clear that a Tax Residency Certificate is to be accepted and tax authorities cannot go behind it. Further, based on repeated assurances to foreign investors by way of CBDT Circulars as well as press releases and legislative amendments and decisions of the Courts, the revenue cannot go behind TRC.

Case Briefs High Courts

Delhi High Court directs IRDAI to design products for persons with hearing disabilities and persons with implants

The Delhi High Court held that the denial of a health insurance policy to a minor child suffering from Bi-Lateral Hearing Loss was contrary to the provisions in favour of Persons with Disabilities under the Rights of Persons with Disabilities Act, 2016 and further directed IRDAI to design products for persons with hearing disabilities and persons with implants.

Know thy Judge

Know Thy Judge | Justice Hrishikesh Roy

Justice Hrishikesh Roy is known for his notable contributions to the causes of alternative dispute settlement and legal aid. We have curated some of his important High Court and Supreme Court decisions.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT rejects application for initiation of CIRP for filing with fraudulent and malicious intent

National Company Law Appellate Tribunal held that rejection of application for initiation of Corporate Insolvency Resolution Process is inevitable if it is filed fraudulently and maliciously for purpose other than resolution of insolvency.

Legislation Updates Rules & Regulations

CEA (Flexible Operation of Coal based Thermal Power Generating Units) Regulations, 2023

On 30-1-2023, the Central Electricity Authority notified the Central Electricity Authority (Flexible Operation of Coal based Thermal Power Generating Units) Regulations, 2023.

Case Briefs High Courts

Muslim woman can dissolve marriage by ‘Khula’ recognised under Shariat; Madras High Court quashes Khula certificate issued by Shariat Council

Madras High Court while quashing the Khula certificate issued by the Shariat Council, held that while it is open for a Muslim woman to exercise her inalienable rights to dissolve the marriage by Khula recognised under the Muslim Personal Law (Shariat) Application Act, 1937 by approaching a Family Court, it cannot be before Shariat Council.

Case Briefs Supreme Court

Supreme Court conditionally allows Purse Seine Fishing beyond territorial waters of Tamil Nadu

The Supreme Court considered subsequent development since 1994 as well as the Central Government’s stand while passing the instant order allowing Purse Siene Fishing, keeping the previous decisions of the Court open for deeper consideration.

Case Briefs High Courts

Only unmarried major daughter, unable to maintain herself, can claim maintenance under HAMA; Benefit not extended to all unmarried daughters: Kerala High Court

Kerala High Court denied the grant of maintenance to an unmarried Hindu major daughter as she could not prove any disability as required under Hindu Adoptions and Maintenance Act, 1956

Case Briefs High Courts

[S.156(3) CrPC] Bombay High Court| Affidavit not in compliance with Chapter VII of the Criminal Manual is deemed non-compliance with the mandatory requirement of filing an affidavit

There should be no scope for the declarant to escape on the technical grounds from responsibility attached to the statement made by him in the affidavit. Unless those compliances, referred to in paragraphs 5 and 8 of chapter VII of the Criminal Manual are complied with, it will be difficult to hold the person making a declaration on oath responsible for the statement made on an oath.

Case Briefs High Courts

An order of discharge would be warranted only in cases where Court is satisfied that there are no chances of conviction, and trial would be a futile exercise; Allahabad High Court reiterates

Allahabad High Court has held that the Trial Court has, after analysing the entire facts and evidence have concluded that there is sufficient ground to frame charges against the accused, and thus has rejected the discharge application. So, there is no illegality in the impugned order

Case Briefs High Courts

Section 9 of the Arbitration and Conciliation Act, 1996 does not permit passing of an order in the nature of a permanent measure; Delhi High Court denies permanent injunction under Section 9

The Delhi High Court denied permanent injunction under Section 9 of the Arbitration and Conciliation Act, 1996 (Act) and held that Section 9 did not permit passing of an order in the nature of a permanent measure.

Legislation Updates Rules & Regulations

Electricity produced from a non- fossil fuel/ offshore wind projects exempted from additional surcharge vide Electricity (Promoting Renewable Energy Through Green Energy Open Access) Amendment Rules, 2023

On 27-1-2023, the Ministry of Power notified the Electricity (Promoting Renewable Energy Through Green Energy Open Access) Amendment Rules, 2023 to amend