Prachi Bhardwaj, Author at SCC Times

SC frowns on rising trend to invalidate sexual misconduct proceedings on hyper-technical points after Calcutta HC reinstates BSF head constable based on minor discrepancy

“The history of legal proceedings such as these is a major factor that contributes to the deterrence that civil and criminal mechanisms pose to persons aggrieved of sexual harassment.”

Case Briefs Supreme Court

Divorce| Wife’s act of rejecting posh accommodations of up to Rs. 30 lakhs rent per month “unreasonable”; “Similar” doesn’t mean “totally identical”: SC

Supreme Court: In a divorce proceeding, where a wife had “rejected” all the options for rented accommodation “similar” to her Industrialist husband’s

Case Briefs Supreme Court

Lifting differently abled persons without consent; removing their prosthetic limbs/calipers for security checks, inhuman: SC

Supreme Court: After multiple objections were raised to the draft guidelines on ‘Carriage by Air of Persons with Disability and/or Persons with

Case Briefs Supreme Court

Explained| Can ITAT recall an order while exercising powers under Section 254(2) of the Income Tax Act?

Supreme Court: Explaining the scope of jurisdiction of ITAT, the bench of MR Shah* and BV Nagarathna, JJ has held that the

Case Briefs Supreme Court

Does pointing towards victim’s hiding place make one a part of a “murderous” unlawful assembly? “Not brave enough” at most, holds SC

Supreme Court: In a case where an accused merely pointed to the house where the victim was hiding, thereby helping a fully

Case Briefs Supreme Court

‘Only one Special Court trying cases under NIA Act frustrates the purpose’; SC directs West Bengal to designate more courts

Supreme Court: After granting bail to a 74-year-old arrested under the Unlawful Activities (Prevention) Act, 1967, as after the charge-sheets came to

Case Briefs Supreme Court

UAPA| No day-to-day hearing, 298 prosecution witnesses yet to be examined? 74-year-old gets bail after 9.5 years

Supreme Court: In a case where a 74-year-old has been behind the bars since 2012 as an undertrial prisoner, after being arrested

Cases Reported SCC Archives

SCC Snippets| Succeeding Government dutybound to carry on the unfinished job of the previous Government

“Political agenda of an individual or a political party should not be subversive of rule of law.”

Case Briefs Supreme Court

State can’t use mere possibility of more money in the public coffers to forgo contractual obligations: Supreme Court

“Equity demands that when the State failed to produce an iota of evidence of either financial loss or any other public interest that has been affected, it should be compelled to fulfill its promises.”

Legal RoundUp Supreme Court Roundups

Supreme Court Monthly Roundup – November 2021

“It is no part of any judge’s duty to strain the plain words of a statute, beyond recognition and to the point

Case Briefs Supreme Court

Lessee learns of cancellation of tender from Newspaper Report. SC holds authority can’t circumvent the requirement of providing effective hearing

“Natural justice is the sworn enemy of intolerant authority”

Case Briefs Supreme Court

‘Irregularity in cognizance order does not vitiate trial’; SC finds no “failure of justice” in cognizance by Special Judge in Karnataka iron ore illegal mining case

“For vitiating the proceedings, something more than a mere lack of authority has to be established.”

Case Briefs Supreme Court

High Court cannot dismiss second appeal in limine without assigning any reasons: SC

“Giving reasons for the conclusion is necessary as it helps the adversely affected party to understand why his submissions were not accepted.”

Case Briefs Supreme Court

Criminal Justice| ‘Practically difficult to achieve absolute consistency in sentencing’ but here’s what the Courts should do: SC

Supreme Court: Explaining the principles of sentencing policy, the 3-judge bench of NV Ramana, CJ and Surya Kant* and AS Bopanna, JJ

Case Briefs Supreme Court

Explained| Is ‘motive’ an indispensable ingredient for proving the charge of attempt to murder?

“Unearthing ‘motive’ is akin to an exercise of manual brain-mapping. At times, it becomes herculean task to ascertain the traces of a ‘motive’.”

Case Briefs Supreme Court

‘Project Proponent not expected to anticipate changes in Environmental Clearance regimes’; SC protects already constructed buildings by Pune Developer

Supreme Court: In a case where a Project Proponent had adhered to the applicable legal framework for Environmental Clearance (EC) during the

Case Briefs Supreme Court

SC relief to death row convicts who killed 8 members of their brother’s family over property dispute; To serve LI for 30 years

“There is a bounden duty cast on the Courts to elicit information of all the relevant factors and consider those regarding the possibility of reformation, even if the accused remains silent.”