Ridhi, Author at SCC Times

“Rule 3A(2) of Tripura Sales Tax Rules, 1976 does not change the chargeability or liability to pay tax”: Supreme Court upholds validity

Supreme Court said that merely providing the mode or machinery/mechanism for recovery of tax payable by the transferer/supplier from buyer deducting tax at source and depositing the same with Revenue cannot be said to be ultra vires to Tripura Sales Tax Act and Rules.

Case Briefs High Courts

Bombay High Court quashes order refusing to discharge Raj Thackeray in 2008 riots case

Bombay High Court opined that the Revisional Court was obliged to prima facie discuss or indicate material on record showing Raj Thackeray’s involvement in the alleged crime.

Case Briefs High Courts

Punjab and Haryana High Court grants anticipatory bail to Sukhbir Singh Badal in Kotkapura firing case

While disposing of the Sukhbir Singh Badal’s bail matter in Kotkapura firing case, Punjab and Haryana High Court refused to comment on the allegations against present political setup.

Hot Off The Press News

[‘Modi Surname’ Remark] Surat Court sentences Rahul Gandhi in 2019 defamation case, grants bail and suspends 2-year sentence for 30 days

Congress Leader Rahul Gandhi had made headlines during 2019 political campaign with his ‘Modi surname’ remark allegedly connecting the dots between Nirav Modi, Lalit Modi and Prime Minister Narendra Modi.

Case Briefs High Courts

Kerala High Court declares election of A. Raja, void

The Court found the records of family register conspicuous showing an attempt to fabricate evidence of professing Christianity by A. Raja, who was elected to a seat of Kerala Legislative Assembly reserved for members of Scheduled Caste in Kerala.

Case Briefs High Courts

“Daughter’s wedding is an auspicious occasion, presence of bride’s father is most appropriate”; Kerala High Court grants parole to murder convict for attending daughter’s wedding

Kerala High Court was of the view that the opportunity to participate in the daughter’s wedding must ordinarily be treated as part of the liberty under Article 21 of Constitution of India.

Case Briefs High Courts

Writ of Habeas Corpus filed for release of Amrit Pal Singh; Punjab and Haryana High Court issues notice to State

In a Writ of Habeas Corpus filed before Punjab and Haryana High Court for release of Amritpal Singh against illegal detention by Punjab Police, the Court issued notice to the State.

Case Briefs Supreme Court

“Government resolutions cannot override statutory rules”; Supreme Court upholds Bombay HC’s decision in dispute related to appointment of ACF

The Supreme Court proposed that service rules are liable to prevail, and that there can be Government resolutions in consonance and not in conflict with those rules.

Bar Council of India opens the doors for Foreign Lawyers and Foreign Law Firms in India

Hot Off The Press News

BCI clarifies on entry of foreign law firms and lawyers in India

On the pretext of some misgivings in circulation regarding the recently published BCI notification allowing entry of foreign lawyers and law firms in India, BCI clarified the restricted scope for practice.

Case Briefs Supreme Court

High Court’s belief of self-righteousness or smugness while exercising judicial review should not overawe other authorities discharging statutory duties: Supreme Court

Apart from the impugned order passed by Kerala High Court in the issue relating to illegal alienation of Church’s immovable properties, the Supreme Court said that the High Court crossed all the boundaries of judicial activism and judicial restraint by passing subsequent orders in the present matter, overawing the other authorities.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT upholds NCLT’s rejection to dislodge resolution plan against POSCO India Processing Center Private Limited

NCLAT observed that allowing present appeal holding the Successful Resolution Applicant ineligible would automatically make the resolution plan redundant.

Case Briefs High Courts

Kerala High Court upholds Commercial Court’s refusal to accept delayed written statement

Referring to the amended portion of Commercial Courts Act, 2015 with Supreme Court’s interpretation, Kerala High Court found the Commercial Court’s refusal for acceptance after delay in filing written statement beyond 120 days justified.

Case Briefs High Courts

Bombay High Court dismisses petition against Uddhav Thackeray in disproportionate assets case

While dismissing the petition seeking ED/CBI probe in Uddhav Thackeray income source along with other office bearers of Shivsena party, Bombay High Court held the same to be an abuse of the process of law.

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Builder not giving possession on time; NCDRC slams with compensation for delay in delivery of possession

In another case of delayed possession of flats by builder in Gurugram, NCDRC directed the builder to compensate the homebuyers for delay and differences of brochure and builder homebuyer agreement.

Hot Off The Press News

Bar Council of India opens the doors for Foreign Lawyers and Foreign Law Firms in India

On the pretext of the words by V.R. Krishna Iyer, J. on the Indian legal profession being treated among the noble professions, and restricting commercial competition or procurement associated with the legal profession, Bar Council of India allows entry of foreign lawyers and foreign law firms in India.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC allows Rs 20 lakhs compensation to patient suffering 80% disability; reiterates doctor’s legal obligations to patients

Accepting the exceptionally challenging nature of treatment of high voltage burns, NCDRC held the doctor liable to the extent of performing LD Flap surgery, otherwise recommended to be performed by plastic surgeons.

Case Briefs Supreme Court

Judicial Appointments| Supreme Court directs Madhya Pradesh High Court to fill 10% seats by Limited Departmental Competitive Examination

Supreme Court did not agree with the MP High Court’s consideration and dismissal of the present matter as reliefs sought under the Writ of Quo Warranto.

Case Briefs High Courts

“Total negligence and lapse on part of the jail authorities in providing medical treatment”; Bombay High Court awards compensation to family for death in custody

Bombay High Court directed the State of Maharashtra to pay compensation of Rs 10 lakhs to the petitioners and left the State at liberty to recover the same from officers at fault.

Case Briefs Supreme Court

Protection of Wild/Captive Elephants| Supreme Court empowers High-Powered Committee constituted by Tripura High Court; extends jurisdiction to PAN India

Supreme Court empowered the High-Powered Committee constituted by Tripura High Court with jurisdiction across India for advancement of the cause of welfare, care and rehabilitation of elephants and other wild animals.

Case Briefs High Courts

Electricity connection cannot be refused due to outstanding dues of erstwhile owner: Jharkhand High Court

Jharkhand High Court quashed the communication by JBVNL rejecting electrical connection due to outstanding dues of the erstwhile owner of the premises.