Prachi Bhardwaj, Author at SCC Times

Compassionate Appointment| Applicability of Scheme in force on date of employee’s death OR date of consideration of the application? SC resolves the conflict

“A rule of interpretation which produces different results, depending upon what the individuals do or do not do, is inconceivable.”

Case Briefs Supreme Court

No borrower can claim benefit of One Time Settlement Scheme as a right; Can’t encourage dishonest borrowers: SC

“If it is held that the borrower can still, as a matter of right, pray for benefit under the OTS Scheme, in that case, it would be giving a premium to a dishonest borrower.”

Case Briefs Supreme Court

Three death row convicts to walk free as SC finds them “not guilty” of murdering six family members

“We are at pains to observe the manner in which the present case has been dealt with by the trial court as well as by the High Court, particularly, when the trial court awarded death penalty to the accused and the High Court confirmed it.”

Case Briefs Supreme Court

Consumer Protection| Can written statement be accepted beyond 45 days? SC settles pre and post New India Assurance Company Verdict conundrum once and for all

The Supreme Court adopted a bright-line standard which obviates uncertainty on the legal position before the consumer fora and obviates further litigation.

Case Briefs Supreme Court

Chardham Highway Project| Environmental compliance not a mere “checkbox”; Committee headed by Justice AK Sikri to oversee implementation of HPC’s recommendations: SC

“Piecemeal implementation of some mitigation measures for protection of the environment, without any concrete strategy in place, cannot pass muster.”

Case Briefs Supreme Court

Notice must be given to the person holding the tainted property; Primary notice to convict not mandatory under Section 6 of SAFEMA: SC

Supreme Court: In a case where the bench of AM Khanwilkar* and Sanjiv Khanna, JJ was called upon to decide whether it

Case Briefs Supreme Court

Explained| Can Karta alienate Joint Hindu family property without coparcener’s signature?

Supreme Court: In a suit where the Karta of a Joint Hindu Family, consisting of himself, his wife and his son, had

Case Briefs Supreme Court

Trial Courts have freedom of mind to decide sensitive cases on merit; Appellate courts must refrain from reversing acquittal just for the sake of it: SC

Supreme Court: Reminding the Courts of the importance of hierarchy of Courts, the bench of Sanjay Kishan Kaul and MM Sundresh*, JJ

Cases Reported SCC Archives

SCC Snippets| Dishonour of Cheque: Principles relating to presumption under Section 139 NI Act

The bench of Ashok Bhushan* and KM Joseph, JJ, in Basalingappa v. Mudibasappa (2019) 5 SCC 418, lucidly summarized the following principles relating to the

Case Briefs Supreme Court

Explained| When does the intention to cause death becomes irrelevant to prove an offence under Section 300 “Thirdly” IPC?

Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka*, JJ has held that once the prosecution establishes the existence of

Case Briefs Supreme Court

‘Bombay HC has “virtually” acquitted Chota Shakil aid of MCOCA charges at interim relief stage’; SC sets aside bail order; directs immediate surrender

Supreme Court: The bench of MR Shah* and Sanjiv Khanna, JJ has set aside the Bombay High Court order releasing a man

Case Briefs Supreme Court

Parties can’t play fraud with the Court by suppressing details of related previous or ongoing legal proceedings: SC

Supreme Court: In a case where the party, in a subsequent petition seeking same relief, had not disclosed the filing of the

Case Briefs Supreme Court

SC awards 30 years RI to man who killed 2 brothers & nephew; Finds imposition of death penalty on the day of conviction itself, wrong

Supreme Court: In a case where the trial court had convicted the accused and imposed death penalty on the very same day,

Case Briefs Supreme Court

Explained| Can proceedings against a charge-sheeted accused be quashed if other suspects have not been charge-sheeted?

Supreme Court: The bench of MR Shah and BV Nagarathna, JJ has held that merely because some of the persons who might

Case Briefs Supreme Court

Accused cannot be convicted for conspiracy only on the basis of co-accused’s confession: SC

“A few bits here and a few bits there on which prosecution relies, cannot be held to be adequate for connecting the accused with the commission of crime of criminal conspiracy.”

Case Briefs Supreme Court

‘Motor Vehicle Appellate Tribunals’ may soon be a reality? Read SC’s suggestion to Ministry of Law and Justice

Supreme Court: With an aim to curtail the pendency before the High Courts and for speedy disposal of the appeals concerning payment

Case Briefs Supreme Court

Consumer Protection| Open to NCDRC to direct deposit of entire or more than 50 % of the amount ordered by SCDRC while staying SCDRC ‘s order: SC

Supreme Court: Explaining the scope of Section 51 of the Consumer Protection Act, 2019, the bench of MR Shah* and BV Nagarathna,

Case Briefs Supreme Court

No relief to Pak national serving “consecutive” sentences in two cases since 1999, as SC refuses to show any leniency to offenders under NDPS Act

“No leniency should be shown to an accused who is found to be guilty for the offence under the NDPS Act. Those persons who are dealing in narcotic drugs are instruments in causing death or in inflicting death blow to a number of innocent young victims who are vulnerable.

Case Briefs Supreme Court

Raped in matrimonial home; disbelieved; beaten up! SC believes woman’s sole testimony; finds act of female members of the family “unfortunate”

“Being women at least the sister-in-law and mother-in-law ought to have supported the prosecutrix, rather than beating her and not believing the prosecutrix.”

Case Briefs Supreme Court

Explained| Section 138 NI Act: Is the ‘debt incurred after the drawing of the cheque but before its encashment’ excluded from ‘debt or any other liability’?

Supreme Court: Explaining the scope of the term ‘debt or any other liability’ under Section 138 of the NI Act, the bench