Editor_4, Author at SCC Times

Can a conditional acceptance of an offer be considered a concluded contract? Supreme Court answers

“With the greatest of respect, the High Court has cursorily dealt with the contentions of the Appellant and has not even discussed the cases that had been cited on behalf of the Appellant.”

Case Briefs High Courts

MP HC | Once the process of recruitment commences on issuance of advertisement, no changes in essential qualification or disqualification can be made during subsistence of the said recruitment

Madhya Pradesh High Court: A Division Bench of Rajeev Kumar Shrivastava and Sheel Nagu, JJ., dismissed the instant petition, whereby the petitioners

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether confiscation of goods and imposition of fine and penalty by the Lower Authority in absence of valid PSI certificate maintainable; Tribunal explains

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): P.K. Choudhary (Judicial Member) partly allowed an appeal which was filed against the Order-in-Appeal

Case Briefs High Courts

Ker HC | International Arrest Warrant by itself will not suffice to extradite an accused to UAE. For extradition, request should be communicated in writing via diplomatic channels, HC states

Kerala High Court: N. Nagaresh, J., addressed the petition seeking to direct the State to implement International Arrest Warrant and to handover

Case Briefs High Courts

Jhar HC | Compassionate Appointment cannot be granted after a lapse of reasonable period which must be specified in the rules; petition dismissed allowing monetary compensation

Jharkhand High Court: S.N. Pathak, J., while dismissing the present petition, reiterates, “Compassionate Appointment is a concession and not a right.” Husband

Case Briefs High Courts

Ker HC | HC dismisses a petition seeking direction to enhance the permissible number of pilgrims at Sabrimala pilgrimage during pandemic as infructuous

Kerala High Court: A Division Bench of C.T. Ravikumar and K. Haripal, JJ., allowed various petitions in connection with Sabrimala pilgrimage and

Case Briefs High Courts

HP HC | [Interpretation of Statutes] Court while drawing distinction between the terms ‘Block’ and ‘Constituency’, denies to reserve the post of Pradhan in Gram Panchayat elections for ST category

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan, J. and Jyotsna Rewal Dua, J. while dismissing the present petition

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | It is incumbent on the original authority not to adjudicate the protective notices and wait till the decision of the Revisionary Authority; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): S.S. Garg (Judicial Member) allowed appeals which were filed against the impugned order passed

Case Briefs Tribunals/Commissions/Regulatory Bodies

Tata Trusts Case | When can a Corpus be treated as a Capital or Investment? ITAT Mumbai

Income Tax Appellate Tribunal, Mumbai (ITAT): Dealing with the issue on nature, scope, and explanation Section 263 (2)(a) to the effect that

Case Briefs High Courts

HP HC | Inherent powers under S. 482 CrPC is not inhibited by S. 320 CrPC and FIR as well as criminal proceedings can be quashed by exercising the same; HC reiterates

Himachal Pradesh High Court: Vivek Singh Thakur, J., while exercising powers under Section 482 CrPC, allows the present petition, stating, “… power

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Reliance Industries Ltd. and it’s MD Mukesh D. Ambani found indulged in fraudulent trade practises, an exemplary penalty of Rs 25 crore and 15 crore imposed respectively by SEBI

Security and Exchange Board of India (SEBI): B J Dilip, (Adjudicating Officer) imposed the penalty of 25 crores and 15 crore respectively

Case Briefs High Courts

P&H HC | “It is unfortunate that dependents/heirs of an ex-employee, who died in harness, are being made to run from pillar to post.” HC warns state to get into action least the Court may be compelled to take a serious view of the matter

Punjab and Haryana High Court: Anil Kshetarpal, J., expressed concern over lethargic attitude of the State towards granting pensionary benefits to the

Case Briefs High Courts

Ori HC | No doubt, industrialization is required for enhancement of revenue, but that does not mean at the cost of the lives of human being by destroying eco-system

Orissa High Court: A Division Bench of Mohammed Rafiq and B. R. Sarangi, JJ., disposed off the writ petition holding that equity

Know thy Judge

Know Thy Judge | Justice S. Abdul Nazeer

by Ritu Singh*

Case Briefs High Courts

Pat HC | State directed to deport foreign nationals charged for Tablighi activities to their respective countries; Allegation of preaching religious ideologies not being supported by any material, held to be an unfounded allegation

Patna High Court: Rajeev Ranjan Prasad, J., addressed petitions filed jointly by foreign nationals from Bangladesh, Malaysia and Australia on the ground

Case Briefs High Courts

Jhar HC | [Interference under Art. 226] A writ of certiorari can be issued only in exercise of supervisory jurisdiction which is different from appellate jurisdiction; HC reiterates

Jharkhand High Court: A Division Bench of Dr Ravi Ranjan, CJ. and Sujit Narayan Prasad, J. while dismissing the present appeal, relied

Case Briefs High Courts

Utt HC | Salary is a property under Art. 300-A of the Constitution of India which cannot be taken away except by authority of law; Court explains

Uttaranchal High Court: Lok Pal Singh, J., disposed off a writ petition while allowing it which was filed seeking to issue a

Case Briefs High Courts

Telangana HC | [Art. 25] No interference can be made in the absence of any complaint against an individual using his premises for conducting religious practices; HC issues necessary directions

Telangana High Court: P. Naveen Rao, J., while disposing of the present petition, directed the police authorities not to involve or obstruct

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Whether a company be exempted from min. public shareholding requirement and whether requirement of receiving 90% shareholders’ consent for Delisting be relaxed? SEBI replies in affirmative

Security and Exchange Board of India (SEBI): S. K. Mohanty, (Whole Time Member) granted exemptions to the United Provinces Sugar Company Ltd.

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Individual retiring by superannuation, found suffering from disability attributable to/aggravated by military service, is entitled to benefit of rounding off of disability pension. Tribunal states

Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve (Member) allowed an