Editor_4, Author at SCC Times

Justice Gita Gopi, Judge Gujarat HC recuses from hearing Rahul Gandhi’s plea in Defamation Case

Gujarat High Court: In a criminal revision petition filed by Congress leader Rahul Gandhi, challenging the Surat Sessions Court's order, wherein his

Case Briefs High Courts

Meghalaya HC directs State to file an affidavit indicating plans to control traffic congestion in Shillong

The Court noted that the State had indicated several long-term and short-term plans earlier, however, nothing was implemented by the State till date.

Case Briefs Supreme Court

SC orders transfer of all FIRs against Munawar Faruqui to Indore; makes previous interim bail order ‘absolute’

The Supreme Court gave huge relief to Comedian Munawar Faruqui, by clubbing all FIRs and complaints registered against him at various places.

Case Briefs High Courts

Orissa HC quashes Criminal proceedings against NESCO Orissa Officials on grounds of absence of Sanction under Section 197 CrPC

The officers on duty cannot be subjected to undue harassment in the hands of unscrupulous litigants, to prevent malicious prosecution provisions such as Section 168 of the Electricity Act, 2003, are put in place.

Case Briefs High Courts

[POCSO] Relationship between accused and victim girl is that of uncle and niece; Meghalaya High Court refuses to quash criminal proceedings

Meghalaya High Court observed that threatening of the victim girl by the accused is not a sign of a love relationship between two young persons, as submitted by the accused as his defence.

Case Briefs Supreme Court

Explained| Why SC sets aside Bombay HC order acquitting Prof GN Saibaba and others in UAPA Case

The Court directed to remit the matter back for fresh disposal before another bench of the High Court.

Case Briefs Supreme Court

“Corruption must be dealt with iron hands”; SC sets aside Gujarat HC order granting anticipatory bail to IRS officer Santosh Karnani

When there is prima facie satisfaction that there is something more than a mere needle of suspicion against the accused, the Court cannot jeopardise the investigation, more so when the allegations are grave in nature.

Case Briefs Supreme Court

Written warranty from manufacturer can protect Vendor from criminal liability under Food Adulteration Act: SC

Section 19(2)(a)(ii) of the Prevention of Food Adulteration Act, 1954 provides that a vendor shall not be deemed to have committed an offence pertaining to the sale of any adulterated or misbranded article of food if he proves that he purchased the article of food from any manufacturer with a written warranty.

Case Briefs High Courts

Gujarat HC issues notice to Gujarat Industrial Development Corporation over arbitrary and discriminatory promotions

It was alleged by the petitioner that different yardsticks cannot be applied selectively to deprive a candidate, who is eligible and entitled for promotion.

Case Briefs High Courts

Orissa HC quashes 6 years old pending criminal proceedings against ex-students of Madhusudan Law College

The Court said that the Damocles sword has been hanging over the petitioners for the past six years, who await for the trial to commence.

Case Briefs Tribunals/Commissions/Regulatory Bodies

State cannot escape liability for violation of environmental norms; NGT grants Compensation of Rs. 20 lakhs to successor of deceased

National Green Tribunal said that the State has to take precautions to prevent such incidents in future, apart from paying compensation with liberty to recover the same from the entity.

Case Briefs High Courts

Dismissing Constable from service was an arbitrary act; Meghalaya High Court sets aside BSF Commandant order

The Court said that no proper show cause notice was served to the petitioner, violating the principle of audi alteram partem, thus, the dismissal from service was not in fair play.

Case Briefs High Courts

Gujarat High Court upholds examination committee’s decision to cancel end semester exam of Nirma University’s law student for indulging in unfair means

The Courtsaid that while determining misconduct one is not to go only by the penalty imposed but the nature of the malpractices committed by the student as well.

Op Eds OP. ED.

Pricing Algorithm in Competitive Law

by Sankalp Mirani

Op Eds OP. ED.

Payment of Stamp Duty on Individual Member Agreement for Redeveloped Area Adityaraj Builders v. State of Maharashtra: A case comment

by Nirali Yash Desai†

Case Briefs High Courts

Allahabad High Court refuses to quash proceedings relating to widespread incidents of violation of public order during CAA-NRC protests in India

It is not that democracy and sovereignty are at crossroads. It is only that democratic rights have to be exercised in a lawful manner, so that order in society, which sovereignty has to uphold at all costs, is not lost.

Case Briefs Supreme Court

SC directs all Courts and Tribunals to number paragraphs in Orders and Judgments in seriatim

The Court considered the adoption of uniform format for Judgment and Orders, including paragraphing.

Case Briefs Supreme Court

‘Pension cannot be denied dehors the authority of law’; SC sets aside BSF Commandant’s conviction, allows him to retain superannuation benefits

The Court said that the search of the Commandant’s house did not result in recovery of any incriminating documents/article and without other materials incriminating the appellant or pointing to his guilt, the statement of a single person alone cannot result in conviction of the Commandant and deprive him of his pension benefits.