Editor_4, Author at SCC Times

[Bilkis Bano Case]: SC rebukes convicts for attempting to avoid Bench from hearing case; Government agrees to produce remission records of premature released convicts

The Court noted that the convicts have been making attempts to avoid the Bench from hearing the case.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT denies Taxi Union’s plea to increase number of vehicles permitted to Rohtang Pass

The opening of the Atal Tunnel or availability of parking space is not sufficient ground to increase the number of vehicles allowed to Rohtang Pass.

chargesheet without complete investigation

Case Briefs Supreme Court

Right to default bail under S. 167(2) CrPC cannot be denied by filing chargesheet without completing investigation: Supreme Court

The right of default bail under Section 167(2) of the CrPC is not merely a statutory right, but a fundamental right flowing from Article 21 of the Constitution of India, observed the Supreme Court.

Case Briefs High Courts

Entitlement of ITC after cancellation of GST registration can be considered during revocation: Rajasthan High Court

Rajasthan High Court: The petitioner challenged the order passed by the Appellate Authority, Commercial Tax, Jodhpur wherein the GST registration of the

supreme court constitution bench april 2023

Legal RoundUp Supreme Court Roundups

Supreme Court Constitution/5-Judge Bench Roundup | The momentous same-sex marriage hearing dominates the month of April 2023; Big ruling on unstamped arbitration agreement

Don’t miss out on the 5-Judge Bench verdict pertaining to non-admissibility of an unstamped arbitration agreement and Constitution Bench hearing pertaining to the petitions seeking legal recognition of same sex marriage under several Acts, including the SMA, 1954, the FMA, 1969 and HMA, 1955.

Op Eds OP. ED.

Preserving the Lineage: Rights Concerning the Deceased’s Semen

by Tvesha Gupta† and Aryaman††

Case Briefs High Courts

Litigation should not be terminated by default of either of the parties; Andhra Pradesh High Court condones a delay of 339 days

Ordinarily the litigation should not be terminated by default either of the plaintiff or the defendant. The cause of justice does require that the adjudication be done on merits.

Case Briefs Supreme Court

Explained| Why Supreme Court quashed forgery, cheating case against late Prakash Singh Badal and son Sukhbir

The Supreme Court’s decision shall not affect the pending proceedings before the High Court of Delhi against the order of the ECI as the Court did not express anything on the Constitution of the Shiromani Akali Dal

Law made Easy

Establishment and Constitution of Supreme Court under Article 124 of the Constitution

The makers of the Constitution of India advocated for Separation of Power and demarcated the limits, roles and functions of every organ

Case Briefs Supreme Court

SC’s direction to Uttarakhand Public Service Commission to provide scribe helps Judicial Service aspirant with writer’s cramp in appearing Preliminary Examination

The Court noted that the All-India Institute of Medical Sciences had issued a certificate to the petitioner indicating that he is suffering with writers’ cramp.

Case Briefs Foreign Courts

Quebec’s ban on possession and cultivation of cannabis for personal purposes held constitutionally valid: Canada SC

The prohibitions set out in the Cannabis Regulation Act, 2018 are a means of serving the health and security of the public.

Case Briefs High Courts

Orissa HC holds State Government liable for Contempt for non-implementation of Shetty Commission’s recommendations

The Court directed the State authorities to implement the recommendations made by the Shetty Commission within the period of three months.

Op Eds OP. ED.

What Comes First After the Award: The Relief or the Stay? A case comment on Sepco Electric Power Construction Corpn. v. Power Mech Projects Ltd.

by Prerona Banerjee† and Vishal Sinha††

Case Briefs Tribunals/Commissions/Regulatory Bodies

Railway horns are required to be blown as per ‘whistle code’; NGT dismisses plea to prohibit usage of train horns

The National Green Tribunal said that an environment free from noise pollution is necessary, but operation of railways is an essential activity, and must be conducted.

Case Briefs District Court

[Jiah Khan suicide case]: ‘Jiah Khan was victim of her own sentiments’; CBI Court acquits Sooraj Pancholi in abetment of suicide case

Jiah Khan had suicidal tendency and had tried to commit suicide on an earlier occasion, the evidence against Sooraj Pancholi were found to be vague and general.

Op Eds OP. ED.

Decoding the 139th Report of Parliamentary Standing Committee on Health and Family Welfare— Striving to Counter a Non-Communicable Disease

by Madhur Anand†

Case Briefs Supreme Court

SC finds directions prescribing uniform one km Eco- Sensitive Zones around forests, Sanctuaries ‘impossible to implement’; modifies order

The Supreme Court said that if the directions are continued, rather than avoiding man-animal conflict, it will intensify the same.

Case Briefs Foreign Courts

G1 license holder driving an ATV alone on highway for accessing trail with owner’s consent is minor breach: Superior Court of Justice, Ontario

The Court said that ignorance of the fact that G1 license holders had special provisions or restrictions while driving an ATV on a highway and not knowing that central lane is a highway is no defense.

Case Briefs Supreme Court

Consumer Forums cannot award Compound Interest as Compensation under Consumer Protection Act, 1986 in Real Estate Disputes: SC

The Court observed that for determination of compensation, the Consumer Forum must examine the time value for money, an in-depth analysis of all the facts and materials surrounding factors, including uncertainties of market are to be considered.

Op Eds OP. ED.

Importance of Data Ethics in an AI-Driven World

by Karnika Seth†