Prachi Bhardwaj, Author at SCC Times

Interference with Government Tenders makes the State and its citizens suffer twice. Courts should refrain from staying Government tenders even in case of total arbitrariness: SC

Supreme Court: Explaining the scope of interference in matters relating to Government contracts and tenders, the bench of Hemant Gupta* and V.

Case Briefs Supreme Court

“State cannot hide behind delay & laches to evade it’s responsibility after acquiring land. There cannot be a ‘limitation’ to doing justice”, holds SC; Land Owners get compensated after decades

Supreme Court: In a case where the bench of S. Ravindra Bhat* and PS Narsimha, JJ was posed with the question as

Case Briefs Supreme Court

Amalgamation does not necessarily nullify tax assessment as only the outer shell of the amalgamating company gets destroyed but the business and the adventure lives on: SC

It is essential to look beyond the mere concept of destruction of corporate entity which brings to an end or terminates any assessment proceedings.

Case Briefs Supreme Court

SC allows Tamil Nadu to grant 50% reservation for in-service doctors in Super Specialty Medical Courses

Supreme Court: In the issue relating to the reservation of 50% Super Specialty seats for in-service candidates in Government Medical Colleges in

Case Briefs Supreme Court

Acquitted in the criminal case but employer still going ahead with the disciplinary proceeding? Read the law laid down by Supreme Court

“The purpose of a disciplinary proceeding by an employer is to enquire into an allegation of misconduct by an employee which results in a violation of the service rules governing the relationship of employment.”

Case Briefs Supreme Court

Explained| Can Commissioner suspend or initiate departmental proceedings against an Additional Municipal Commissioner under Maharashtra Municipal Corporations Act, 1949?

“A legislative intent cannot be to leave an employee scot-free though he has indulged into serious misconduct.”

Case Briefs Supreme Court

Caste can be the starting point for providing internal reservation but not the sole basis: Supreme Court

Supreme Court: In a case relating to reservation of seats in Educational Institutions, the bench of L. Nageswara Rao* and BR Gavai,

Legal RoundUp Supreme Court Roundups

Supreme Court March 2022 Roundup: Notice to BCI on All India Bar Exam; Discrimination of women, disabled persons at workplace; POCSO and more

“Women are subject to a patriarchal mindset that regards them as primary caregivers and homemakers and thus, they are burdened with

Case Briefs Supreme Court

“Land owner cannot be deprived of the use of the land for years together”; SC sets aside Bombay HC’s direction to acquire a land almost 20 years after finalisation of development plan

Supreme Court: In a case where the Development Plan was finalized in the year 2002, but the same was never implemented nor

Case Briefs Supreme Court

Refusal to continue to execute a contract unless reciprocal promises are performed by the other party is not abandonment of contract: SC

Supreme Court: Explaining the law on abandonment on contractual obligation, the bench of Hemant Gupta and V. Ramasubramanian*, JJ has held that

Case Briefs Supreme Court

Declaration under the Income Declaration Scheme cannot lead to non-declarant’s immunity from taxation: SC

Supreme Court: The bench of UU Lalit and S. Ravindra Bhat*, JJ has held that the declaration under the Income Declaration Scheme

Case Briefs Supreme Court

Does the Contract Labour (Regulation & Abolition) Act, 1970 eclipse the Industrial Disputes (Rajasthan Amendment) Act, 1958? SC refuses to decide the issue as the first Court

Supreme Court: In the case where it was argued before the Court that the Industrial Disputes (Rajasthan Amendment) Act, 1958 which received

Case Briefs Supreme Court

Can employees appointed for fixed period in temporary unit be absorbed/regularised by creating supernumerary posts? SC answers

Supreme Court: In the case where the Gujarat High Court had ordered the absorption of persons employed in a temporary unit, by

Case Briefs Supreme Court

Consent award cannot be the basis to determine compensation in other acquisition, especially, when there are other evidences on record: SC

Supreme Court: The bench of MR Shah* and BV Nagarathna , JJ has held that a consent award cannot be the basis

Case Briefs Supreme Court

HC spends 9 months on deciding appeal from an ‘unappealable’ adjournment order. SC imposes Rs. 5 Lakhs exemplary cost on litigant for wasting ‘precious judicial time’

Supreme Court: In a trade mark infringement case where interlocutory injunction was sought during the pendency of the suit, the bench of

Case Briefs Supreme Court

‘Lotteries’ a species of ‘betting and gambling’; States Legislatures competent to levy tax: SC

Supreme Court: Dealing with the appeals preferred by the States of Karnataka and Kerala against the decisions of the Division Benches of

Case Briefs COVID 19 Supreme Court

Supreme Court fixes outer limit for claiming COVID-19 death compensation; Claims to be filed within 90 days from now on

Supreme Court: Considering the submissions by Solicitor General Tushar Mehta on fixing an outer limit on fixing claims for compensation in case

Case Briefs Supreme Court

Irregular Disciplinary Enquiry: Court cannot reinstate employee as such; Matter must be remanded to Enquiry Officer/Disciplinary Authority

Supreme Court: In a disciplinary proceeding where it was established that there was a breach of principles of natural justice as the

Case Briefs Supreme Court

How will the higher Court know why review jurisdiction was exercised? Courts must mention what was that error apparent on the face of the record: SC

Supreme Court: In the case where the division bench of Madhya Pradesh High Court allowed a review petition by merely stating that

Case Briefs Supreme Court

POCSO| Is investigation of disclosure of victim’s identity permissible without Magistrate’s permission? SC gives split verdict

Supreme Court: The bench of Indira Banerjee and JK Maheshwari, JJ has given split verdict on the issue as to whether the