Editor_4, Author at SCC Times

No illegality associated with the establishment of Delimitation Commission for the UT of Jammu and Kashmir: Supreme Court

Supreme Court held that there is neither illegality associated with the establishment of the Delimitation Commission, nor anything illegal about the exercise of delimitation of the constituencies undertaken by it.

Case Briefs High Courts

Andhra Pradesh Micro Finance Institutions (Regulation of Money Lending) Act, 2011 and the Telangana Micro Finance Institutions (Regulation of Money Lending) Act, 2011 are not unconstitutional: Telangana High Court

The Andhra Pradesh Micro Finance Institutions (Regulation of Money Lending) Act, 2011 and the Telangana Micro Finance Institutions (Regulation of Money Lending) Act, 2011 are not unconstitutional and the NBFCs operating in the States of Telangana and Andhra Pradesh registered with the RBI will be excluded from the purview of these two enactments.

Case Briefs High Courts

Punjab and Haryana High Court orders for arrest of dismissed Punjab DSP Balwinder Singh Sekhon in Contempt Case

In a case of circulating malicious, libelous and derogatory videos pertaining to the judicial proceedings, the Punjab and Haryana High Court ordered the arrest of dismissed DSP Balwinder Singh Sekhon and another. The Court also directed global blocking of access to all the videos circulated so far.

Legislation Updates Rules & Regulations

Provisions relating to TRAS under CERC (Ancillary Services) Regulations, 2022 to come into force on 1-4-2023

On 15-2-2023, the Central Electricity Regulatory Commission (‘CERC’) notified the date on which certain provisions of the CERC (Ancillary Services) Regulations, 2022

Know thy Judge

Justice Jaswant Singh retires after a short tenure as Chief Justice of Tripura High Court

Justice Jaswant Singh who was appointed as the 7th Chief Justice of Tripura High Court, has had an extensive legal career spanning 30+ years and has an avid interest in sports like lawn tennis, cricket and golf.

Case Briefs High Courts

Paucity of funds cannot be a ground for denying payment of salaries; Manipur High Court directs the release of salary due payable for ten years

The Manipur High Court held that paucity of funds could not be a ground for denying payment of salaries and therefore, directed the release of salaries due payable for ten years along with interest at 6% per annum.

Legislation Updates Notifications

RBI directs Asset Reconstruction Companies to reduce their management fees

On 20-2-2023, the Reserve Bank of India (‘RBI’) issued a circular on Implementation of Indian Accounting Standards (‘Ind AS’) to resolve the

Case Briefs Supreme Court

Authorities cannot be punished for inaction in exercise of power within the prescribed period in the absence of statutory bar: Supreme Court

Supreme Court said that the Allahabad High Court committed a serious error in interpreting Rule 176(4) of Uttar Pradesh Zamindari Abolition and Land Reforms Rules, 1952.

Hot Off The Press News

Eknath Shinde versus Uddhav Thackeray| Senior Advocate Kapil Sibal lays down issues for consideration before the Supreme Court

On the question of reference, the coram on 17-02-2023 had stated that the matter could not be decided in isolation and divorced from the facts of the case and same needed to be decided along with the merits of the case.

Case Briefs High Courts

Delhi High Court directs appearance of Hospital for not adhering to strict timelines under Transplantation of Human Organs Act, 1994

Strict timelines prescribed under the Transplantation of Human Organs Act, 1994, were not being adhered to in taking decisions of organ transplant, therefore, the Delhi High Court directed appearance of hospital on the next date of hearing, failing which costs would be imposed.

Case Briefs High Courts

Who is competent to lodge FIR as per S.4 of U.P. Prohibition of Unlawful Conversion of Religion Act?: Allahabad High Court explains

Allahabad High Court said that the impugned FIR has been lodged by the person who claims to be a victim of conversion obtained by misrepresentation, coercion and allurement, and as per Section 4(e) is the person competent to lodge the FIR.

Case Briefs High Courts

Delhi High Court dismisses PIL filed praying for an amendment in Delhi Prison Rules, 2018 to allow visit of the legal counsel to their clients in Delhi prisons more than twice a week

In matters of policy, the Courts do not substitute their own conclusion with the one arrived at by the Government merely because another view is possible.

Case Briefs Supreme Court

Can Scientist in NTRO be entitled to pensionary benefits, if she is relieved before completion of probation period? Supreme Court answers

Supreme Court held that the respondent could not have been given the pensionary benefits as Scientist -H in NTRO, as before her probation period was completed, she was relieved.

Case Briefs High Courts

Delhi High Court dismisses WinZO’s plea against Google LLC’s download warning

Google LLC’s download warning in respect of all third-party applications was a mere disclaimer and there was no case made out for trade mark infringement.

Case Briefs Supreme Court

Effect of estoppel cannot be warded off by persons claiming through the one whose conduct generated such estoppel: Supreme Court

In a suit property where father executed a release deed for relinquishment of rights for valuable consideration, Supreme Court held that the effect of principle of estoppel cannot be warded off by appellants claiming through their father whose conduct generated this estoppel.

Case Briefs High Courts

Delhi High Court directs Union to release of Rs. 5 crores to AIIMS, Delhi for treatment of children suffering from Rare Diseases

The Court directed Union of India to place on record an affidavit within a period of one week giving the complete information of the funds released from the Rare Diseases Fund to various Centres for Excellence and the number of patients for whom treatment has been approved till date.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether Corporate Debtor can raise pre-existing dispute in reply to the petition filed under Section 9 IBC in case demand notice issued under Section 8 of IBC is not replied? NCLAT answers

In the instant matter, the petitioner preferred an appeal challenging the order of Adjudicating Authority dismissing application in view of the “pre-existing dispute”. NCLAT held that when the reply to Demand Notice was not filed within 10 days, the Corporate Debtor is not precluded from raising the question of dispute or pleading that there is no amount due and payable.

Case Briefs High Courts

First proviso to Rule 55-A of TN Registration Rules ultra vires and unconstitutional to the Registration Act, as well as the substantive provisions of TP Act: Madras High Court

Madras High Court said that Rule 55-A is delegated legislation which cannot go beyond the scope of the Parent Act viz., the Registration Act as well the Transfer of Property Act which is the substantive law governing the transfer of immovable properties. Hence, it is held that the first proviso is clearly ultra vires and unconstitutional.

Case Briefs High Courts

Delhi High Court upholds LOC issued by SFIO for alleged siphoning off public funds of public sector banks and financial institutions

LOCs impinge upon the individual’s right to travel which is recognised as a Fundamental Right. However, the rights and interest of the investing public would also be a relevant consideration which cannot be ignored.

Case Briefs High Courts

Delhi High Court lays down guidelines for convicts suffering work related amputation or life-threatening injury in jail

As there was no monitoring or remedial mechanism available to address the legitimate grievances and prayers for being compensated for work related injuries sustained by a convict-inmate while serving sentence, the Delhi High Court laid down certain guidelines that would be applicable only in the case of amputation, or any other life-threatening injury, arising out of work-related injury, sustained by the convict.