Editor_4, Author at SCC Times

Louisiana’s statutory requisite for persons convicted of sex offences, to carry an ID card branded with the words ‘Sex Offender’, declared unconstitutional | Detailed Report

Supreme Court of Louisiana: While determining the constitutionality of statutory requisite under La. R.S. 40:1321(J) and La. R.S. 15:542.1.4(C) that, persons convicted

Case Briefs High Courts

P&H HC | Wife taken away and forcibly detained against her will by her kin: Court orders reunion of separated couple at the earliest

Punjab and Haryana High Court: In a peculiar case of illegal detention of a woman who happens to be the petitioner’s wife,

Case Briefs Foreign Courts

SL CoA | Writ Court cannot monitor criminal investigations as a Magistrate; Court dismisses appeal in the Easter Sunday Terror Attack case hinting re-arrest in case of discovery of new evidence

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: A Division Bench of Mahinda Samayawardhena and Arjuna Obeyesekere, JJ., while

Case Briefs High Courts

HP HC | Suit land being inherited by wife through ‘Will’ lost its character of Joint Hindu Coparcenary Property in view of S.14 of Hindu Succession Act, 1956; Court denied rights to children

Himachal Pradesh High Court: Sandeep Sharma J., upheld the impugned judgment on merits. The facts of the case are such that the

Case Briefs High Courts

Ker HC | Derecognizing an educational institution is a drastic measure dislocating a vast number students as well as staff and cannot be done in haste or without adhering to statutory guidelines; Petition allowed

Kerala High Court: Anil K Narendran, J., allowing the present writ petition, issued necessary directions to the respondent authorities and further made

Case Briefs High Courts

Guj HC | Successive bail application can only be entertained when there is a change in circumstance; Court dismisses bail plea

Gujarat High Court: A.C. Rao, J., dismissed a bail application in connection with an FIR registered for the offences under Sections 302,

Case Briefs High Courts

Ori HC | Justice Panigrahi quotes ‘Albert Einstein’ while deciding the extent of interference by Court in academic matters

Orissa High Court: A Division Bench of Sanju Panda and S.K Panigrahi JJ., sets aside the impugned judgment and held that it

Case Briefs High Courts

Ker HC | Interest on solatium provided under Land Acquisition Act applies unequivocally to acquisition made under NHAI Act

Kerala High Court: Raja Vijayaraghavan V J., allowing the present writ petition, held that the provisions for compensation and payment of interest

Case Briefs High Courts

Pat HC | Seriousness of “alleged” offence cannot be made a ground for rejecting bail under Juvenile Justice Act, 2015

Patna High Court: In an application challenging the order of rejection of bail passed by Additional Sessions Judge, Ashwani Kumar Singh, J.,

Case Briefs High Courts

SAT | SEBI has no power under S. 15 I of SEBI Act in view of S. 14 IBC 2016; Appeal allowed

Securities Appellate Tribunal (SAT): Justice Tarun Agarwal quashed the order under challenge in the present appeal as Adjudicating Officer has no power

Case Briefs High Courts

Kar HC | Self-identification of one’s gender lies at the heart of Fundamental Right to Life and Personal Liberty and State authorities are obligated to give legal recognition to the same; Writ Petition Allowed

Karnataka High Court: John Michael Cunha J., while allowing the present writ petition moved by a transgender against the declaration of her

Case Briefs High Courts

Ker HC | Presence of a neurologist in medical diagnosis for purpose of issuing medical certificate is necessary when accident victim suffers from neurological disorders; MACT order set aside

Kerala High Court: Writ petition has been allowed by Sathish Ninan, J., finding merits in the petitioner’s arguments and consequently setting aside

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | All the services in question are eligible input services for rendering of output services; Tribunal allows appeal entitling appellant to input service credit

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): A Coram of Anil Chaudhary (Judicial Member) and C.L. Mahar (Technical Member), allowed an

Case Briefs High Courts

MP HC | Delay in lodging of FIR is no ground to discard the prosecution’s case in its entirety, medical corroboration not an absolute necessity in cases of gang rape

Madhya Pradesh High Court: Akhil Kumar Srivastava, J., dismissed the appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention

Know thy Judge

Know Thy Judge| Justice S. Ravindra Bhat

“Free speech of the citizens of this country cannot be stifled by implicating them in criminal cases, unless such speech has the tendency to affect public order.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | S. 15J SEBI Act, 1992 may not apply in adjudication proceedings involving penalty under S. 15A SEBI Act, 1992 while determining the quantum of penalty, Appeal allowed

Securities Appellate Tribunal (SAT): Justice Tarun Agarwal allowed the appeal and substituted the penalty imposed by the impugned order with a warning.

Case Briefs High Courts

Pat HC | Court while exercising jurisdiction of judicial review, cannot examine sufficiency of reasons for satisfaction of competent authority in initiating disciplinary proceedings against delinquent employees

Patna High Court: In a petition filed under Article 226 of the Constitution for issuance of a writ of certiorari, Birendra Kumar,

Case Briefs High Courts

Ker HC | Equity cannot allow a remedy affecting balance of interest between the parties; Order allowing application for withdrawal of suit at appellate stage set aside

Kerala High Court: R. Narayana Pisharadi, J., setting aside the order against impugned applications, held, “The plaintiff has no absolute right, at

Case Briefs High Courts

Kar HC | Court in exercise of its powers under S. 397 CrPC cannot re-appreciate evidence and arrive at a different conclusion, even if a different view is possible from the evidence; Petition dismissed

Karnataka High Court: John Michael Cunha J., while rejecting the present criminal revision petition, elaborated on scope and ambit of Section 397

Case Briefs High Courts

Kar HC | Whether the indefeasible right of an accused to seek compulsive bail under S. 167(2) CrPC is defeated by the unilateral extension of time by the Court; HC elaborates

Karnataka High Court: John Michael Cunha, J., while allowing the present application for bail under Section 439 Criminal Procedure Code, 1973 made