Prachi Bhardwaj, Author at SCC Times

High Court Cannot Conduct Roving Enquiry into Debt or Liability While Quashing Section 138 NI Act Complaint: Supreme Court

“Under Section 139 of the NI Act, there is a presumption that the holder of a cheque received the cheque of the nature referred to in Section 138 NI Act for the discharge, in whole or in part, of any debt or other liability. This presumption can be rebutted by evidence led in trial.”

Case Briefs Supreme Court

Aggrieved Woman’s Workplace ICC can Investigate Respondents from Other Departments: Supreme Court’s Landmark POSH Act Ruling Explained

The Court observed that a narrow interpretation of provisions of the POSH Act would beget several procedural and psychological barriers for the aggrieved woman.

Case Briefs Supreme Court

Supreme Court: Bharat Drilling Not an Authority on Applicability of prohibited claim clauses to Arbitral Tribunal; Larger Bench to reconsider

In order to obviate uncertainty and for clear declaration of law, the Court referred Bharat Drilling to a larger bench for reconsideration and authoritative decision.

Case Briefs Supreme Court

Supreme Court enhances Alimony from Rs. 30 Lakh to Rs. 50 Lakh in Former AAG and Family Court Judge Divorce Case

The Court observed that the husband, being a judicial officer holding a responsible public position, owed a heightened duty of fair, adequate, and dignified financial security for his wife and daughter.

extra requirement for stamp duty exemption

Case Briefs Supreme Court

SC sets aside ‘Superfluous’ Requirement of Assistant Registrar’s recommendation for Stamp Duty Exemption; Upholds Ease of Transactions for Cooperative Societies

The Court observed that administrative procedures should avoid complexity, redundant requirements, and unnecessary burdens, which waste time, expense, and disturb peace of mind.

Case Briefs Supreme Court

Divorced Muslim Women can reclaim Gifts and Property Given at Marriage: Supreme Court stresses on Social Justice in Interpreting 1986 Act

The object of the Muslim Women (Protection of Rights on Divorce) Act is to secure the dignity and financial protection of a Muslim women post her divorce which aligns with the rights of a women under Article 21 of the Constitution of India.

Case Briefs Supreme Court

Parity cannot be the sole ground for bail: Supreme Court emphasises Role Differentiation among Co-Accused

The Court explained that when weighing an application on parity, it is ‘position’ of the accused in crime, i.e., his role, that is the clincher.

Legislation Updates Notifications

Adjournment Requests in Supreme Court: Revised Protocol to take Effect from December 1

The revised procedure come into force under the tenure of the newly appointed Chief Justice of India, Justice Surya Kant.

Legislation Updates Notifications

Supreme Court Accelerates Justice – These Urgent Matters Now Must Be Automatically Listed in Two Days

The directive introduced in under the tenure of the newly appointed Chief Justice of India, Justice Surya Kant, will come into effect from 01-12- 2025.

Supreme Court disclosure private universities

Case Briefs Supreme Court

Private Universities face Supreme Court Scrutiny; Full Disclosure on Set-Up and Governance sought from Centre, States & UGC

The Court will examine the establishment and functioning of private Universities across the country in the larger public interest.

Case Briefs Supreme Court

“Investigation cannot continue endlessly”: Supreme Court issues directions

“The accused cannot be made to suffer endlessly with this threat of continuing investigation and eventual trial proceedings bearing over their everyday existence.”

Case Briefs Supreme Court

Ex-Post Environmental Clearances: What the Supreme Court’s 2:1 Verdict Says – Majority v Dissent

CREDAI had filed a petition seeking review of the Vanashakti judgment that had barred post-facto ECs, putting certain ongoing or completed projects without prior EC at risk of demolition.

Case Briefs Supreme Court

Supreme Court interprets ‘Fact Thereby Discovered’ under Section 27 of the Evidence Act

The Court held that FSL Report was not enough in the absence of any proof that the recovered weapon was indeed used in the commission of the offence.

Case Briefs Supreme Court

Mere pendency of appeal does not excuse non-payment of rent: Supreme Court confirms Willful Default

In the present case, the lessee challenged the fixation of fair rent but did not seek a stay of its operation before the appellate or revisional for a.

Case Briefs Supreme Court

After 34 lives lost in Rajasthan, Telangana Road accidents, SC seeks Reports from NHAI & MoRTH on Unauthorized Dhabas and Road Conditions

Two tragic road accidents that occurred within consecutive days in Rajasthan and Telangana, claimed a total of 34 lives and leaving several others injured.

Case Briefs Supreme Court

No DNA Test unless Section 112 Presumption of Legitimacy is rebutted and paternity question linked to offence: Inside Supreme Court Ruling

“Scientific procedures, however advanced, cannot be employed as instruments of speculation; they must be anchored in demonstrable relevance to the charge and justified by compelling investigative need.”

Case Briefs Supreme Court

Order rejecting plaint under Or VII R 11 CPC is appealable under Section 13(1A) of Commercial Courts Act: Supreme Court

The Supreme Court distinguished Bank of India v. Maruti Civil Works, 2023 SCC OnLine Bom 2667, noting that it dealt with orders under Order VII Rules 10 and 11(d) CPC, which are not appealable under Order XLIII CPC.

Case Briefs Supreme Court

Judges do not sit to settle scores but to settle law: Supreme Court reasserts Judicial Discipline and Obedience to Precedents

The observations came in an appeal against the Bombay High Court ruling wherein the binding precedent in Godrej & Boyce Mfg. Co. Ltd. v. State of Maharashtra (2014) 3 SCC 430 was not followed.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Grieving Father allegedly forced to bribe Ambulance, Police & Crematorium Staff; NHRC intervenes

The NHRC has issued notices to the Chief Secretary and the Director General of Police, Karnataka, calling for a detailed report on the matter within two weeks.

Experts Corner Lakshmikumaran & Sridharan

Tax Investigations and Right Against Self-Incrimination: Balancing Legal Safeguards

by Harshdeep Khurana*, Rachit Jain** and Dhanur Gupta***