Prachi Bhardwaj, Author at SCC Times

Prophet Remark Row| All FIRs against Journalist Navika Kumar clubbed. Here’s how Supreme Court’s order in Nupur Sharma case helped her

Supreme Court: The bench of MR Shah* and Krishna Murari, JJ has transferred all the FIRs filed against Time Now anchor Navika

Case Briefs Supreme Court

Clever drafting cannot result into Plaintiff getting relief indirectly which otherwise cannot be given: Supreme Court

Supreme Court: In a case where a plaintiff had sought for permanent injunction without applying for the substantive relief of specific performance

Case Briefs Supreme Court

Closure of Bio-Medical Waste Treatment Facility, only for want of prior Environmental Clearance, would be against public interest: Supreme Court

Supreme Court: In a case where the closure of a Common Bio-Medical Waste Treatment Facility was sought for want of Environmental Clearance

Case Briefs Supreme Court

IBC-Limitation| Pendency of proceedings in a parallel forum not sufficient cause for delay in filing Section 9 IBC application: Supreme Court

“A claim may not be barred by limitation. It is the remedy for realisation of the claim, which gets barred by limitation.”

Case Briefs Supreme Court

Delhi Land Reforms Act 1954 a special law; Succession provided in Hindu Succession Act 1956 will not prevail over it: Supreme Court

Supreme Court: In a case where challenge was made to declare Section 50(a) of the Delhi Land Reforms Act, 1954 unconstitutional being

Case Briefs Supreme Court (Constitution Benches)

SC Constitution Bench| Binding nature of a judgment depends on the Bench Strength and not the numerical strength of the Judges taking majority view

Supreme Court: Explaining the doctrine of precedents, the 5-judge Constitution Bench of Indira Banerjee*, Hemant Gupta*, Surya Kant, MM Sundresh and Sudhanshu

Case Briefs Supreme Court

Dishonour of Cheque – S. 141 NI Act| Complainant only supposed to have general knowledge of person(s) in charge of company/firm; Burden on Director/Partner to prove their innocence: SC

“Quashing of a complaint is a serious matter. Complaint cannot be quashed for the asking. For quashing of a complaint, it must be shown that no offence is made out at all against the Director or Partner.”

Case Briefs Supreme Court

‘Right to establish an educational institution is a fundamental right’; Pharmacy Council of India can only impose moratorium by way of a law and not by execution instruction: SC

Supreme Court: The bench of BR Gavai* and PS Narasimha, JJ has held that the right to establish an educational institution is

Case Briefs Supreme Court

Explained| Determination of Juvenility: Hierarchy of documents that can be relied on; belated plea if can be allowed; Bone ossification test at a belated stage

Supreme Court: The bench of Dinesh Maheshwari and JB Pardiwala*, JJ has observed that the plea of juvenility can be allowed to

Case Briefs Supreme Court

Explained| “Known source of income” under Section 13(1)(e) of PC Act, 1988 means the sources known to the prosecution or the accused?

Supreme Court: The bench of Dinesh Maheshwari and JB Pardiwala*, JJ has explained the true import of Section 13(1)(e) of the Prevention

Case Briefs Supreme Court

IBC’s Section 53 does not over-ride Section 48 of GVAT Act; Adjudicating Authority may reject Resolution Plan if it ignores statutory dues payable to State/Legal authority: SC

Supreme Court: The bench of Indira Banerjee* and AS Bopanna, JJ has reversed the NCLAT order wherein it was held that the

Case Briefs Supreme Court

Arbitration clause, even without the words “final and binding”, valid if the intention of the parties, to abide by arbitrator’s decision, is clear: Supreme Court

When Section 7 or any other provisions of the Arbitration and Conciliation Act, 1996 do not stipulate any particular form or requirements, it would not be appropriate for a court to gratuitously add impediments and desist from upholding the validity of an arbitration agreement.

Case Briefs Supreme Court

Journalist Siddique Kappan gets bail after 23 months in prison; cannot leave Delhi for 6 weeks: Supreme Court

The Kerala journalist was arrested under the Unlawful Activities (Prevention) Act on his way to Hathras, Uttar Pradesh to report on the alleged gang-rape of a Dalit woman, who later died in the Hospital.

Case Briefs Supreme Court

Make way for the outsiders: Compassionate Appointment cannot be extended to heirs of the retiring employees, holds Supreme Court

Supreme Court: In a case where the Ahmednagar Mahanagar Palika/ Municipal Corporation was giving appointment to the heirs of the employees on

Case Briefs Supreme Court

Supreme Court pulls up Ludhiana Improvement Trust for sitting over an acquired land for three decades without paying for it; says ‘citizen’s right cannot be taken for a ride’ like this

“The Improvement Trust behaved as if it had some superior right to appropriate the property of the owners without paying for it contrary to the mandate of the LA Act.”

Case Briefs Supreme Court

Explained| Can sentence of a murder convict be reduced to sentence already undergone which was less than life imprisonment?

Supreme Court: In a murder case, where the Madhya Pradesh High Court had reduced the sentence to sentence already undergone which was

Case Briefs Supreme Court

Bar under Order II Rule 2 CPC cannot apply to an amendment sought on an existing suit; Supreme Court lays down Principles for Amendment of Pleadings

Supreme Court: On the question as to whether Order II Rule 2 CPC can be made applicable to an application for amendment

Legal RoundUp Supreme Court Roundups

Supreme Court August 2022 Roundup| Justice UU Lalit’s plan as 49th CJI; Benami Property Law; ‘Unconventional’ Families; Release of Bilkis Bano Rapists; Hate Speeches; GST; and more

This roundup contains reports on Justice NV Ramana’s retirement as the 48th CJI; Justice UU Lalit’s plan as new CJI; Rulings on Benami Property law; Unconventional families and their rights; UP CM Yogi Adityanath Hate Speech; Orders on Release of Bilkis Bano’s rapists, PM Security lapse, Pegasus Spyware; PMLA cases; Explainers; Important references to larger/Constitution Benches and ‘Know Thy Judge’ reports on Supreme Court Judges and more.

Case Briefs Supreme Court

Supreme Court holds ‘Arbitrators cannot unilaterally issue binding and enforceable orders determining their own fees’; Justice Sanjiv Khanna partially dissents

Supreme Court: The 3-judge bench of Dr DY Chandrachud*, Surya Kant and Sanjiv Khanna*, JJ has held that arbitrators do not have

Case Briefs Supreme Court

“Family” includes domestic, unmarried/queer relationships; Child care/maternity leave benefits cannot be denied if women do not fit into “popular imagination” of a family: SC

“Gendered roles assigned to women and societal expectations mean that women are always pressed upon to take a disproportionate burden of childcare work.”