Prachi Bhardwaj, Author at SCC Times

SCC Snippets| Using ‘promotion’ and ‘upgradation’ interchangeably? You won’t after reading this SC verdict

In 2011, the bench of RV Raveendran and Markandey Katju, JJ laid down principles relating to promotion and upgradation.

Land Acquisition| Right under Section 5A of 1894 Act to stave off compulsory acquisition cannot be unjustifiably extinguished: SC

Supreme Court: In a case where the inquiry under Section 5A of the Land Acquisition Act, 1894 was dispensed with despite there

Case Briefs Supreme Court

NEET| “Behind abstract number of ‘15 lakh students’ lie human lives”; SC asks NTA to rectify injustice caused to a “one-off” PwBD student

“Education plays a key role in social and economic inclusion and effective participation in society. Inclusive education is indispensable for ensuring universal and non-discriminatory access to education.”

Case Briefs Supreme Court

Explained| Motor Accident Claims: Deceased not earning at the time of death – Can heirs claim future prospect/future rise in income?

“To have the perception that he is likely to remain static and his income to remain stagnant is contrary to the fundamental concept of human attitude which always intends to live with dynamism and move and change with the time.”

Case Briefs Supreme Court

Section 138 NI Act| Can’t defeat the complaint merely because it does not elaborate upon Managing Director’s authorisation: SC

Supreme Court: In a case relating to dishonour of cheques where it was alleged that the complaint was filed by the managing

Case Briefs Supreme Court

Explained| Scope of Civil Court’s jurisdiction despite bar under Section 25 of Punjab Security of Land Tenures Act

Supreme Court: Deciding the ambit of the bar of jurisdiction under Section 25 of the Punjab Security of Land Tenures Act, 1953

Case Briefs Supreme Court

POCSO| “Touch”, “physical contact” can’t be restricted to “skin to skin contact”; “sexual intent” is the key. SC reverses Bombay HC’s “dangerous precedent”

“The reasoning in the High Court’s judgment quite insensitively trivializes – indeed legitimizes – an entire range of unacceptable behaviour which undermines a child’s dignity and autonomy, through unwanted intrusions.”

Case Briefs Supreme Court

‘Acquiescence virtually destroys the right of the person’. SC distinguishes acquiescence from delay and laches

Supreme Court: Explaining the difference between acquiescence and delay and laches, the bench of L. Nageswara Rao and Sanjiv Khanna*, JJ has

Case Briefs Supreme Court

Merely having an explicit clause not sufficient to make time the essence of the contract: SC

Supreme Court: On the question as to ‘whether time is of the essence in a contract’, the bench of NV Ramana, CJ*

Case Briefs Supreme Court

Decreeing a claim while exercising jurisdiction under Section 37 of Arbitration and Conciliation Act 1996 impermissible: SC

Supreme Court: In a case where the Punjab and Haryana High Court not only set aside the judgment of the District Judge

Case Briefs Supreme Court

HC quashes proceedings based on “draft charge-sheet” yet to be placed before Magistrate! Clear abuse of S. 482 CrPC, holds SC

Supreme Court: In a case where the Gujarat High Court had quashed criminal proceedings at the behest of persons who were not

Case Briefs Supreme Court

5-year-old raped, killed, thrown into a stream: SC commutes death sentence to life imprisonment

Supreme Court: In a case where a death row convict subjected a 5-year-old girl to rape, killed her by strangulation, and then

Case Briefs Supreme Court

SC allows sand mining in Bihar; says total ban gives rise to illegal mining; causes huge loss to public exchequer

“When legal mining is banned, it gives rise to mushroom growth of illegal mining, resulting into clashes between sand mafias, criminalization and at times, loss of human lives.”

Case Briefs Supreme Court

Land Acquisition| Applying 2-year limitation period as per Section 11A of 1894 Act for passing award in pending cases under Section 24(1)(a) of the 2013 Act impractical: SC

Supreme Court: In an important ruling on Land Acquisition and Requisition law, the bench of AM Khanwilkar and Sanjiv Khanna*, JJ has

Case Briefs Supreme Court

Not wise to shift burden of proof on accused merely because of rampant increase in henious crimes; SC acquits man in a 2009 dacoity case

“The acquittal of a guilty person constitutes a miscarriage of justice just as much as the conviction of the innocent.”

Case Briefs Supreme Court

SC not pleased with Raj HC granting bail merely by “keeping in view the facts and circumstances of the case”; says Courts must record reasons

Supreme Court: In a case where Rajasthan High Court had granted bail by merely “keeping in view the facts and circumstances of

Case Briefs Supreme Court

Explained| Jurisdiction under Waqf Act, 1995: Civil Court versus Tribunal

“To say that the Tribunal will have jurisdiction only if the subject property is disputed to be a waqf property and not if it is admitted to be a waqf property, is indigestible in the teeth of Section 83(1) of the Waqf Act.”