Editor_4, Author at SCC Times

Gau HC | In the event an excess salary is paid to an employee during his/her service tenure because of no fault of his/her, such excess payment cannot be recovered from retirement benefits; law laid down by SC reiterated

Gauhati High Court: Achintya Malla Bujor Barua J., while reiterating the principle laid down by Supreme Court, with respect to calculation and

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Enterprise Resource Planning (ERP) does not attract service tax under the category of Management or Business Consultant Service; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of S.S. Garg (Judicial Member) and P. Anjani Kumar (Technical Member) allowed

Case Briefs High Courts

Kar HC | Whether Magistrate is required to give elaborate reasons for taking cognizance and summoning the accused in view of report under S. 173 CrPC? Legal position discussed

Karnataka High Court: Michael Cunha J., dismissed the writ petition being found that the criminal action was rightly initiated against the petitioner.

Case Briefs High Courts

[Contractual Employment] Chh HC | Whether it is justified to limit the number of persons to be considered in view of the ‘requirement’ and ‘nature’ of recruitment? Appeal rejected

Chhattisgarh High Court: A Division Bench of P.R. Ramachandra Menon and Parth Prateem Sahu JJ., rejected the appeal finding no tenable ground

Case Briefs High Courts

Kar HC | Is it mandatory to file an affidavit for invocation of jurisdiction of Magistrate under S. 156(3) CrPC? Petition allowed partly

Karnataka High Court: John Michael Cunha J., allowed the petition partly stating that Section 156(3) CrPC applications are to be supported by

Case Briefs High Courts

All HC | Fundamental principle of natural justice audi alteram partem cannot be violated; Court issues directions

Allahabad High Court: The Division Judge Bench of Surya Prakash Kesarwani and Dr Yogendra Kumar Srivastava, JJ., disposed off a writ petition

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Calculation of Revenue found to be erroneous and high pitched; Tribunal allows appeal setting aside penalty S. 11AC read with R. 25 of Central Excise Rules

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial Member), allowed an appeal which was filed aggrieved by the judgment

Case Briefs High Courts

Ker HC | Whether an order passed under Arbitration and Conciliation Act, 1996, by a Commercial Court, appealable under S.13(1) of Commercial Courts Act, 2015; HC determines

Kerala High Court: R.Narayana Pisharadi J., while allowing the statutory remedy of appeal, discussed the parallel application of provisions and the Court’s

Case Briefs High Courts

Chh HC | Order of conviction under Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act reversed in appeal due to lack of clear evidence; Appeal allowed

Chhattisgarh High Court: Gautam Chourdiya J., allowed the appeal and reversed the impugned order due to lack of clear evidence. The facts

Case Briefs High Courts

Kar HC | Adverse Inference to be drawn upon a party who fails to comply with a direction regarding production of documents in his custody; Petition rejected

Karnataka High Court: Krishna S. Dixit J rejected the writ petition being devoid of merits. The facts of the case are such

Case Briefs High Courts

J&K HC | Supervisory jurisdiction is to be exercised sparingly only in appropriate cases for purposes of keeping Subordinate courts and Tribunals within bounds of their authorities; Petition dismissed

Jammu and Kashmir High Court: Javed Iqbal Wani J., while dismissing the present petition, discusses the ambit and scope of Article 227

Op Eds OP. ED.

Facing the Unprecedented: Status of Migrant Workers in Madhya Pradesh (M.P.)

by Rakshita Agarwal*, Rohit Sharma** and Lakshay Gupta ***

Law made Easy

Know Your Rights| Right to education

Under the Constitution This right guarantees free and compulsory education for children between the age of 6 to 14 years in India under

Case Briefs High Courts

All HC | An order to protect life and liberty of petitioners from any threat arising from or being occasioned by their marriage – life & liberty being foundation of all freedoms guaranteed under Constitution; HC issues directions

Allahabad High Court: Saumitra Dayal Singh, J. decided on a writ petition which was filed praying for a direction the nature of

Case Briefs Foreign Courts

SL CoA | Respect for rule of law is the foundation of Constitution, settlement of IDPs who were displaced due to war in Sri Lanka needs to be done keeping in mind rule of law; Court partly allows appeal

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Division Bench of Janak De Silva and N. Bandula Karunarathna,

Case Briefs High Courts

HP HC | Whether ‘Appropriate Government’ can while exercising powers under S.10(1) of ID Act decline reference to Tribunal on the ground of delay, stale claim or faded/eclipsed dispute; larger bench to decide

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua JJ., while deciding the present matter challenging

Case Briefs High Courts

Jhar HC | Clarifying the scope of Para 5(1) of Schedule V to the Constitution, Court strikes down notification granting preferential treatment to residents of scheduled districts in matters of public employment

Jharkhand High Court: A Full Bench of H.C. Mishra, Shree Chandrashekhar and Deepak Roshan JJ., while deciding on the validity of the

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Interest on delayed refund under the provisions of S. 27A of Customs Act, 1962 does not arise; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): P. Venkata Subba Rao (Technical Member) allowed an appeal which was filed against the

Case Briefs High Courts

HP HC | Legislative intent of NI Act, 1881 is not to send the people to suffer incarceration but to execute recovery of cheque amount by showing teeth of penalty loss; conviction set aside

Himachal Pradesh High Court: Anoop Chitkara, J., setting aside the conviction against the petitioner, discussed the effect of compromise between the parties

Case Briefs High Courts

Ker HC | If a particular income is not taxable under Income Tax Act, it cannot be taxed on basis of estoppel or any other equitable doctrine; Court reiterates principles for recovery under Income Tax Act

Kerala High Court: Vinod Chandran J., while answering the law points in favour of the Revenue department, restrained from any recovery of