Prachi Bhardwaj, Author at SCC Times

Case Briefs Supreme Court

National Security Act| Delay in considering representation; non-communication of rejection strike at the heart of fundamental rights of detenu: SC

“Preventive detention in independent India is to be exercised with utmost regard to constitutional safeguards.”

Cases Reported SCC Archives

SCC Snippets| Contract of Insurance vis-à-vis the requirement of uberrima fides

In Vikram Greentech (I) Ltd. v. New India Assurance Co. Ltd., (2009) 5 SCC 599, the bench of DK Jain and RM

Case Briefs Supreme Court

Explained| What invalidates surrender of tenancy under the Andhra Pradesh Tenancy (Andhra Area) Act, 1956?

Supreme Court: Interpreting the provisions of the Andhra Pradesh Tenancy (Andhra Area) Act, 1956, the bench of UU Lalit and S. Ravindra

Case Briefs Supreme Court

UAPA| ‘Mere association with a terrorist organisation not enough’. SC grants bail to 2 Kerala men booked over Maoist links

Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka*, JJ has granted bail to Thwaha Fasal and Allan Shuaib, booked

Case Briefs Supreme Court

Explained| Section 263 of Income Tax Act: Date of order or receipt of order – When does the limitation clock starts ticking?

Supreme Court: Interpreting Section 263(2) of the Income Tax Act, 1961, the bench of MR Shah* and AS Bopanna, JJ has held that receipt

Case Briefs Supreme Court

Karnataka High Court calls person committing suicide a ‘weakling’! Don’t diminish the gravity of mental health issues, says SC

“How an individual copes up with a threat- both physical and emotional, expressing (or refraining to express) love, loss, sorrow and happiness, varies greatly in view of the multi-faceted nature of the human mind and emotions.”

Case Briefs Supreme Court

Section 138 of NI Act| No hard and fast rule that a cheque issued as security can never be presented by drawee: Supreme Court

“A cheque issued as security pursuant to a financial transaction cannot be considered as a worthless piece of paper under every circumstance.”

Case Briefs Supreme Court

‘All we want to do is give a last chance to him!’ Supreme Court temporarily restores Yatin Oza’s Senior Advocate designation for two years

Supreme Court: The bench of Sanjay Kishan Kaul* and R. Subhash Reddy, JJ has temporarily restored the senior designation of Advocate Yatin

Case Briefs Supreme Court

Pupil-teacher ratio for special schools; special teachers for Children with Special Needs in general schools: Here’s SC’s stopgap arrangement till Centre notifies norms

Supreme Court: The 3-judge bench of AM Khanwilkar*, Dinesh Maheshwari and CT Ravikumar, JJ has directed the Central Government to notify the

Case Briefs Supreme Court

MV Act| Tribunals, Courts must recognize actual needs; award just compensation to help restore dignity of claimant with permanent disability: SC

Supreme Court: Reminding the Courts that the Motor Vehicles Act is in the nature of social welfare legislation and its provisions make

Case Briefs Supreme Court

Surveillance versus right to privacy| Five unmissable quotes from the Pegasus Order

“If you want to keep a secret, you must also hide it from yourself.” George Orwell, 1984 Supreme Court: The 3-judge bench of NV Ramana, CJ and Surya Kant and Hima Kohli, JJ has appointed an Expert

Case Briefs Supreme Court

Pegasus| ‘National security cannot be the bugbear that the judiciary shies away from’. Here’s why the initially reluctant Supreme Court finally decided to interfere

“The free flow of information from the Petitioners and the State, in a writ proceeding before the Court, is an important step towards Governmental transparency and openness, which are celebrated values under our Constitution.”

Case Briefs Supreme Court

Vicarious liability in a contempt case? Contempt jurisdiction knows no such concept: Supreme Court

“Merely because a subordinate official acted in disregard of an order passed by the Court, a liability cannot be fastened on a higher official in the absence of knowledge.”

Case Briefs Supreme Court

The what, the why, the who and the how: All you need to know about SC’s independent probe order in Pegasus case

“… it was an extremely uphill task to find and select experts who are free from prejudices, are independent and competent.”

Case Briefs Supreme Court

Explained| Can proceeding under SC/ST Act be quashed on the basis of compromise between accused and victim?

The Courts ought to be vigilant to ensure that the complainant-victim has entered into the compromise on the volition of his/her free will and not on account of any duress. If the Courts find even a hint of compulsion or force, no relief can be given to the accused party.

Case Briefs Supreme Court

What amounts to attempt to rape? Supreme Court explains in a 2005 attempted rape of minor girls

Supreme Court: In a case where the accused had lured minor girls aged 8 and 9, took them inside the room, closed

Case Briefs Supreme Court

Nomenclature of a Tax does not determine the nature of the levy or its true character: Supreme Court

Supreme Court: The 3-judg bench of Dr. DY Chandrachud*, Vikram Nath and BV Nagarathna, JJ has upheld the validity of Sections 52

Case Briefs Supreme Court

Anticipatory bail to an absconder? Supreme Court says no!

Supreme Court: In a case where the Patna High Court had granted anticipatory bail to an absconder, the bench of MR Shah*

Case Briefs Supreme Court

IBC and Limitation| Words “order is made available to the aggrieved party” consciously omitted from Section 61(1)&(2): SC. Read why

“The IBC, as a prescriptive mechanism, affecting rights of stakeholders who are not necessarily parties to the proceedings, mandates diligence on the part of applicants who are aggrieved by the outcome of their litigation.”

Case Briefs Supreme Court

Gauri Lankesh murder| Direct role in commission of an organized crime not necessary. HC “manifestly wrong” in quashing charges against Mohan Nayak N: SC

Supreme Court: In a major development in the Gauri Lankesh murder case, the bench of AM Khanwilkar*, Dinesh Maheshwari and CT Ravikumar,