Prachi Bhardwaj, Author at SCC Times

‘Furlough not a legal right’: Supreme Court explains difference between Parole and furlough

“Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough.”

Case Briefs Supreme Court

Creation and/or sanction of the posts is the sole prerogative of Government; Courts cannot interfere: Supreme Court

Framing of any scheme is no function of the Court and is the sole prerogative of the Government.

Cases Reported SCC Archives

SCC Snippets| Five golden principles governing cases based only on circumstantial evidence

In Sharad Birdhichand Sarda v. State of Maharashtra, (1984) 4 SCC 116, the bench of S. Murtaza Fazal Ali, A. Varadarajan and Sabyasachi

Case Briefs Supreme Court

Explained| Sections 138 and 141 of NI Act: Vicarious liability of directors of a company for dishonour of cheques

Supreme Court: Explaining the law relating to vicarious liability of the Directors of a company under Sections 138 and 141 of the

Case Briefs Supreme Court

Respondent can’t seek declaration of petitioner’s “second marriage” in a divorce proceeding; Relief can’t be prayed qua third party under Section 23A HMA: SC

Under the provisions of the Hindu Marriage Act, the relief of divorce, judicial separation etc. can be between the husband and the wife only and cannot extend to the third party.

Case Briefs Supreme Court

Appellate Courts can’t “unnecessarily create” suspicion in absence of objection to validity of a Will: Supreme Court

“A testamentary court is not a court of suspicion but that of conscience.”

Case Briefs Supreme Court

Getting date of birth changed at fag end of your career? STOP! First read the law laid down by the Supreme Court

Supreme Court: In a case where a Government employee had sought change of date of birth in service records from 04.01.1960 to

Case Briefs Supreme Court

Explained| Can dependent seek Compassionate appointment to a post higher than what was held by the deceased employee?

Appointment on compassionate ground is a concession and not a right.

Case Briefs Supreme Court

Principles governing power of Courts to direct Retrial and Joint Trial, as laid down by Supreme Court

Supreme Court: The 3-judge bench of Dr. DY Chandrachud*, Vikram Nath and BV Nagarathna, JJ has lucidly laid down the principles governing

Case Briefs Supreme Court

Explained| Pre-deposit of 75% of arbitration award amount under Section 19 of the MSME Act, 2006 mandatory or discretionary?

Supreme Court: The bench of MR Shah* and AS Bopanna, JJ has held that in an appeal/application filed under Section 34 of

Case Briefs Supreme Court

Section 138 NI Act| Once settlement has been entered into, the complainant cannot pursue the original complaint: Supreme Court

The settlement agreement subsumes the original complaint.

Case Briefs Supreme Court

In absence of any settlement, Lok Adalat can’t enter into merits of writ petition and dismiss it on merits: Supreme Court

Supreme Court: In a case where the members of the Lok Adalat, Madhya Pradesh High Court had entered into the merits of

Case Briefs Supreme Court

Explained| Is Preliminary Enquiry mandatory in all corruption cases?

Supreme Court: The 3-judge bench of Dr. DY Chandrachud*, Vikram Nath and BV Nagarathna, JJ has held that a Preliminary Enquiry is

Case Briefs Supreme Court

Kashmiri migrants can’t retain Government accommodation for indefinite period after retirement: Supreme Court

The compassion shown to Kashmiri Migrants has to be balanced with the expectations of the serving officers to discharge their duties effectively.

Case Briefs Supreme Court

Not ‘honourably’ acquitted in a case? Employer can’t be compelled to give appointment: SC. [“Honourable acquittal” defined]

Supreme Court: In a case where a man, after being acquitted in a kidnapping case, had applied for the post of Constable

Case Briefs Supreme Court

Reprimand for indiscipline does not amount to abetment of suicide of a “hypersensitive” student: SC

‘Spare the rod and spoil the child’ an old saying may have lost its relevance in present days and Corporal punishment to the child is not recognised by law but that does not mean that a teacher or school authorities have to shut their eyes to any indiscipline act of a student.

Case Briefs Supreme Court

Dowry Death| Absconding mother-in-law’s alleged ‘key role’ not at par with deceased’s brother-in-law. Bail cancelled: Supreme Court

The Investigating Agency, deserves a free hand to investigate the role of the Respondent-Mother-in-law, if any, in the unnatural and untimely death of her daughter in-law.