Editor_4, Author at SCC Times

Kar HC | Can Court through a judicial order confer on the ‘Administrator’ a power to renew Fixed Deposits of investors? What other powers can be conferred? HC elaborates

Karnataka High Court: A Division Bench of Abhay S. Oka, CJ and M. Nagaprasanna, J. dealt with issue of powers which can

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | To bring the proceedings initiated to a logical conclusion-Certificate of registration fails to survive

Securities Exchange Board of India (SEBI): G Mahalingam, Whole Time Member while exercising the powers conferred under Section 19 of the Securities

Case Briefs Supreme Court

Foreign arbitral award enforceable against non-signatories to agreement; ‘perversity’ no longer a ground to challenge foreign award; tort claims arising in connection with agreement are arbitrable: SC expounds law on foreign awards

Supreme Court: A Division Bench comprising of R.F. Nariman and B.R. Gavai, JJ. held that a foreign arbitral award is enforceable against

Op Eds OP. ED.

Can Killing of Hindu Pandits in J&K be Termed as Genocide

by Dr Bibhabasu Misra† and Sunishtha Moghe††

Case Briefs High Courts

All HC | Minor girl raped and entire family was asked to convert their religion; Bail rejected

Allahabad High Court: Ajit Singh, J., rejected the bail application observing that the incident involves the rape of a minor and family

Case Briefs Supreme Court

Conundrum of res judicata and rejection of plaint: SC summarises guiding principles for deciding an application under Or. 7 R. 11(d) CPC

Supreme Court: A Division Bench comprising of Dr D.Y. Chandrachud and M.R. Shah, JJ. upheld the order of the Karnataka High Court

Case Briefs High Courts

[Marital Rape] Ker HC | Is marital rape a form of cruelty? Can it be a ground for divorce? HC examines

Kerala High Court: The Division Bench comprising of A. Muhamed Mustaque and Kauser Edappagath, JJ., held that merely for the reason that

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Is Service Tax chargeable on the services rendered by the foreman in the chit fund business? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): P. Dinesha (Judicial Member) allowed an appeal which was filed after being rejected by

Op Eds OP. ED.

Crisis Cartel and State Aid: An Alternative to Competition Authority during COVID-19 Pandemic

by Yash Vardhan Garu* and Kashish Harwani**

Case Briefs High Courts

Sikk HC | Application allowed under Or. VI R. 17 CPC, 1908, seeking amendment to the plaint erroneous; Court explains

Sikkim High Court: Jitendra Kumar Maheshwari, CJ., allowed a petition which was filed aggrieved by the order allowing the application filed under

Op Eds OP. ED.

Whether Actions of China against Uyghur Muslims Constitute Genocide: A Conundrum

by Nipun Bhatia†

Case Briefs High Courts

Raj HC | “The investment made by State for construction of Dams is made redundant if natural flow of water is impeded in any manner”; directs State to take necessary steps

Rajasthan High Court: A Division Bench of Indrajit Mahanty, CJ and Vinit Kumar Mathur, J., direct State to inform them regarding steps

Case Briefs High Courts

Ker HC | Penetration between thighs of the victim held together; will it fall within the ambit of Rape? HC answers

Kerala High Court: In a historic decision the Division Bench of K.Vinod Chandran and Ziyad Rahman A.A., JJ., held that the sexual

Op Eds OP. ED.

Doctrine of Precedent

by Sunil†

Case Briefs High Courts

Madras HC | Dictum in Salem Advocate Bar Assn. continues to guide courts all over the country; Court finds no reason to formulate new rules to regulate case flow management in the State

Madras High Court: The Division Bench of Sanjib Banerjee, CJ and P.D.Audikesavalu, J., took up a petition which involved issuance of a

Case Briefs High Courts

MP HC | Possession of cough syrup or medicine containing Codeine Phosphate without valid documents falls under S. 37 of the NDPS Act; Court rejects bail application

Madhya Pradesh High Court: Rajeev Kumar Dubey, J., denied bail to the applicant who was arrested for the offence punishable under Sections

Op Eds OP. ED.

Dealing with the Notions of Hardship and Force Majeure in International Commercial Contracts: Tackling Unforeseen Events in a Changing World

by Swarnendu Chatterjee* and Arushi Bhagotra**

Case Briefs Supreme Court

Emergency arbitrator’s award is referable to S. 17(1) of Indian Arbitration Act; enforceable under S. 17(2): Scopious analysis of landmark SC ruling in favour of Amazon in dispute with Future Retail

Supreme Court: Holding that an award passed by Emergency Arbitrator is enforceable under the Arbitration and Conciliation Act, 1996, a Division Bench

Op Eds OP. ED.

Party Autonomy or Contracting out of Indian Courts — Analysis of PASL Wind Solutions (P) Ltd. v. GE Power Conversion (India)(P) Ltd.

by Lakshmi Subramaniam Iyer* and Aishwarya Dash**

Op Eds OP. ED.

The Fifth Domain of Warfare: An Assessment of the Evolving Threat of Cyberattacks under Jus Ad Bellum

by Aryan Dhingra†