Apoorva, Author at SCC Times

Mere acquittal in criminal case will not automatically qualify candidate for appointment to a post in law enforcement agency: Supreme Court

“The yardstick to be applied in cases where the appointment sought relates to a Law Enforcement Agency, ought to be much more stringent than those applied to a routine vacancy.”

Case Briefs Supreme Court

Can Enforcement Officer file complaint under repealed provisions of FERA after enforcement of FEMA? SC answers

“A Statute cannot be interpreted in such a manner that any provision thereof is rendered otiose.”

Case Briefs High Courts

Decoding Allahabad High Court verdict on applicability of doctrine of severability on arbitral awards

“Section 34 confers power on the court to set aside an award, the power could be exercised to set aside any or all such awards, whether composite, interim, final or additional”

Case Briefs High Courts

Explained | Madras HC quashes FIR against Advocate accused of restraining Revenue Inspector from conducting a survey

“The legal profession involves fighting for the rights of the clients and the Advocate tends to react more aggressively even outside the Courts. This is a character which is developed by an Advocate by virtue of the nature of duty that he performs for his clients”.

Case Briefs High Courts

‘Blacklisting Orders passed for an indefinite period not permissible under law’: Allahabad HC sets out contents for notice

“The notice is required to state the grounds necessitating the action and the penalty proposed specifically and unambiguously and is also required to adhere to the principles of natural justice”

Case Briefs High Courts

Explained | Sanathana Dharma is a set of ‘eternal duties’: Madras High Court

Madras High Court remarked that an idea appears to have gained ground that Sanadhana Dharma is all about, and only about, promoting casteism and untouchability

Case Briefs Supreme Court

Home Ministry to prepare a comprehensive manual on media briefings by police personnel: Inside Supreme Court verdict

Supreme Court directed the Ministry of Home Affairs to complete the manual on media briefings by 31-12-2023

Case Briefs Supreme Court

Supreme Court refuses to interfere with Calcutta HC order holding Notification altering stage carriage permits as constitutional

In the case at hand, because of the impugned notification, the stage carriage permit holders were required to stop at two new bus stations in Burdwan Town, instead of the old bus station where they were used to stop.

Hot Off The Press News

[Money Laundering] Supreme Court constitutes 3 Judge Bench to hear review against Vijay Madanlal Judgment

The Three Judge Bench will be hearing the matter from 18-10-2023.

Events/Webinars News

Time to change from Ad hocism to Institutional Arbitration, says Justice Hemant Gupta at IIAC’s conference on Institutional Arbitration

Attorney General for India makes an announcement for creating the All-India Arbitration Bar.

Case Briefs High Courts

Can a writ petition for restoration of dealership, arising out of a non-statutory contract be maintainable? Allahabad HC answers

Allahabad High Court said that negative onus cannot be fastened upon the petitioners as alleged by the Corporation, as it is not in dispute that at the time of survey, the dispensing unit was not in working condition or it was not dispensing oil.

Case Briefs Supreme Court

Court cannot convict one accused and acquit other when there is similar evidence against them: Supreme Court

“The Criminal Court should decide like cases alike, and in such cases, the Court cannot make a distinction between the two accused, which will amount to discrimination”.

Case Briefs High Courts

Decoding Madras High Court verdict on right of detenu to make effective representation against preventive detention order

“This right of a detenu to make an effective representation against a preventive detention order is a very sacrosanct and sanctus constitutional right and such constitutional safeguard is ingrained in Article 22(5) of the Constitution of India”

Case Briefs High Courts

Authorities can prevent manufacturing, selling or immersion of idols made of plaster of paris: Madras High Court

Madras High Court rejected the argument of the respondent that the Revised Guidelines for Idol Immersion can be implemented only regarding immersion and not regarding manufacturing activity.

Case Briefs Supreme Court

Explained | Supreme Court’s verdict on evidentiary value of disclosure statements under S.27 of Evidence Act

Supreme Court said that admissibility and credibility are two distinct aspects, and the latter is really a matter of evaluation of other available evidence.

Case Briefs High Courts

Read why Allahabad High Court granted bail to two Christian persons accused of Mass conversion of SCs & STs

Allahabad High Court noted that there does not appear to be any material to show that accused persons had used any undue influence or allurement to the villagers for mass conversion.

Case Briefs Supreme Court

What is the ambit of “Commercial Purpose” defined under Consumer Protection Act?: Supreme Court answers

Supreme Court, while going by the ordinary meaning of ‘commercial purpose’, said that ‘Commercial’ denotes “pertaining to commerce”. However, the Explanation clarifies that even purchases in certain situations for ‘commercial purposes’ would not take within its sweep the purchaser out of the definition of expression ‘consumer’

Case Briefs High Courts

Arbitrator’s fees to be treated as preferential payments even where CIRP proceedings are pending before NCLT: Madras High Court

Madras High Court said that if the Arbitrators are not paid their fees / costs on account of the moratorium order, the object of arbitration will get defeated, as competent Arbitrators will hesitate to become Arbitrators in a dispute involving Companies facing financial crisis.

Case Briefs High Courts

Purpose of cases is not to provide livelihood for lawyers or monthly disposal quota to Judges; Allahabad HC condemns lawyers’ strike

Allahabad High Court said that considering the ongoing strike of lawyers for the last several days, despite positive intervention made by this Court, simply passing over this case would add burden to this Court, and it would not be possible to cope up with the situation as the list of fresh cases is getting lengthy day-by-day.

Case Briefs Supreme Court

Explained| Supreme Court verdict on requirement of public declaration for soleminisation of self-respect and secular marriages

Supreme Court said that while acting as counsel or advocates or in their capacity as advocates, the advocates cannot undertake or volunteer to solemnize marriages. However, in their capacity as friends or relatives of the intending spouses, their role as witnesses cannot be ruled out.