Prachi Bhardwaj, Author at SCC Times

Illegally occupying Government/Panchayat Land? Supreme Court says you cannot claim regularization as a matter of right

Supreme Court: In the case where two petitioners had encroached upon the Panchayat land and had constructed houses on it, the bench

Case Briefs Supreme Court

‘Unfavorable earlier order by a judge not a ground for recusal’; SC rejects plea for Justice Chandrachud’s recusal in an application seeking recall of an unfavorable order

“A litigant cannot be permitted to browbeat the Court by seeking a Bench of its choice.”

Case Briefs Supreme Court

Supreme Court grants interim bail to comic Munawar Faruqui; stays Madhya Pradesh High Court’s judgment [Read order]

Supreme Court: In a big relief to Munawar Faruqui, the bench of RF Nariman and BR Gavai, JJ has granted interim bail

Case Briefs Supreme Court

Explained: Scope of ED’s power to freeze bank accounts under Prevention of Money Laundering Act, 2002

Supreme Court: The 3-judge bench of SA Bobde, CJ and AS Bopanna* and V. Ramasubramanian, JJ has held that under the Prevention

Case Briefs Supreme Court

High Court convicts a man for corruption without cogent reasons after Trial Court acquits him. Supreme Court reminds courts to take utmost care in scanning evidence before recording conviction

“Initial presumption of innocence in the criminal jurisprudence gets doubled by acquittal recorded by the trial court.”

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Farmers’ Protest|“History will not pardon us if we remain mute spectators to this violation of human rights”: An open letter by 141 lawyers to the CJI on internet shutdowns at protest sites; mob attacks on protesting farmers

“Theoretically, the Right to Internet access exists in the “new India”, however, practically we are still thriving in the dungeon of the past where the demand for existence of the Right to Internet access should label us non compos mentis.”

Case Briefs Supreme Court

Collusive transactions with the Corporate Debtor would not constitute a ‘financial debt’ under Insolvency and Bankruptcy Code: Supreme Court

Supreme Court: The 3-judge bench of Dr. DY Chandrachud*, Indu Malhotra and Indira Banerjee, JJ has held that collusive transactions with the

Case Briefs Supreme Court

High Court, being First Appellate Court, cannot acquit an accused without re-appreciation of evidence: Supreme Court

“Non-re-appreciation of the evidence on record may affect the case of either the prosecution or even the accused.”

Case Briefs Supreme Court

Najeeb KA, accused of chopping off Kerala professor’s palm over “objectionable” question, gets bail. Read why Supreme Court upheld bail despite finding charges against him “a serious threat to societal harmony”

Najeeb, who along with some other members of Popular Front of India (PFI) had chopped¬off the professor’s right palm, has been in jail for much more than five years and there are 276 witnesses left to be examined.

Legal RoundUp Supreme Court Roundups

Supreme Court Monthly Roundup – January 2021

TOP STORIES Supreme Court gives a go-ahead to Central Vista Project in a 2:1 verdict “What purpose will a public interest proceeding

Case Briefs Supreme Court

Restitution of conjugal rights| Read how Supreme Court imparted justice to a woman despite rejecting her Transfer Petition

“While the hardship, both social and financial, pleaded by the petitioner deserves favourable consideration, the transfer of the case at this stage of the proceeding may not be appropriate.”

Case Briefs Supreme Court

No sexual assault if no ‘skin to skin’ contact? Supreme Court stays Bombay High Court’s “dangerous precedent” on POCSO Act

Attorney General for India K. K. Venugopal brought to the Court’s notice that the Nagpur Bench of Bombay High Court has passed a judgment dated 19.01.2021 is likely to set “a dangerous precedent”.

Case Briefs Supreme Court

Is segmentation permissible for National Highway projects beyond a distance of 100 kms? MoEF&CC’s Expert Committee to examine, directs SC

Adoption of segmentation of a project cannot be adopted as a strategy to avoid environmental clearance impact assessment.

Case Briefs Supreme Court

Nothing arbitrary with J&K High Court Chief Justice choosing to regulate the manner of exercise of his own power to relax qualifications: Supreme Court

Supreme Court: The 3-judge bench of SA Bobde, CJ and AS Bopanna and V. Ramasubramanian*, JJ has set aside the order of

Case Briefs Supreme Court

Penal rent can be levied & adjusted against the dues payable including gratuity if an employee occupies a quarter beyond the specified period: SC

The observation came in a case where a SAIL employee had retained a quarter after his retirement due to non-payment of retiral benefits.

Case Briefs Supreme Court

Conception that housemakers do not add economic value to the household is “a problematic idea”; Future prospect must be granted in case of motor accident of a non-earning victim: SC

The principle of awarding of future prospects must apply with equal vigor in case of non-earning victims of motor accidents, particularly with respect to homemakers.

Case Briefs Supreme Court

Can subsequent death of a dependent be a reason for reduction of motor accident compensation? Supreme Court answers

“Any compensation awarded by a Court ought to be just, reasonable and consequently must undoubtedly be guided by principles of fairness, equity, and good conscience.”

Case Briefs Supreme Court

‘Citizens have the right to know and participate in deliberation and decision making’; Justice Khanna dissents in 2:1 verdict clearing the Central Vista Project

“Deliberative democracy accentuates the right of participation in deliberation, in decision-making, and in contestation of public decision-making.”

Case Briefs Supreme Court

Here’s why the Supreme Court gave a go-ahead to Central Vista Project in a 2:1 verdict [Read majority opinion]

What purpose will a public interest proceeding serve if the fulfilment of one notion of public interest leads to a clear subjugation of another legitimate action of the State taken in public interest concerning project of national importance touching upon democratic polity.

Case Briefs Supreme Court Roundups

Supreme Court Yearly Roundup – 2020 in review

JANUARY 2020 Story of the month 5-judge bench holds no time limit could be fixed while granting anticipatory bail Supreme Court Monthly