Sucheta, Author at SCC Times

Know Thy Judge| Supreme Court of India: Justice Dipankar Datta

Justice Dipankar Datta served as a Judge in the Calcutta High Court, and as Chief Justice of Bombay High Court, prior to being sworn in as Supreme Court Judge on 12-12-2022.

Case Briefs Supreme Court

State Transport Authority possesses power to delegate its functions under Section 68(5) of MV Act: Supreme Court

The Court also upheld the constitutional validity of Karnataka Motor Vehicles Taxation and Certain Other Law (Amendment) Act, 2003 which repealed the Karnataka Contract Carriages (Acquisition) Act, 1976.

Appointments & Transfers News

SC Collegium approves proposal to appoint 2 Judicial Officers as Delhi High Court Judges

The Collegium led by Justice Sanjiv Khanna, CJI on 5-2-2025 issued the statement concerning the appointments.

Cult of Fear Asaram Bapu Discovery Channel

Hot Off The Press News

SC directs police to ensure protection for Discovery Channel staff in wake of threats over release of series ‘Cult of Fear: Asaram Bapu’

The petition arrayed 7 States and Union Government after Discovery Channel staff received threats on social media account of the channel.

Appointments & Transfers News

SC Collegium recommends appointment of Permanent Judges for Madras and Telangana High Courts

The Collegium in its meeting on 5-2-2025 recommended the appointment of 5 Permanent Judges.

Case Briefs Supreme Court

SC reaffirms principles of ‘solatium’ & ‘interest’ laid down in Tarsem Singh, (2019); says clarification on prospective application will nullify its relief

The Court stated that modifying or clarifying the judgment in Union of India v. Tarsem Singh, (2019) 9 SCC 304 would lend itself to violating the doctrine of immutability, undermining the finality of the decision.

Case Briefs Supreme Court

One-sided Developer-Buyer Agreement; SC refuses to interfere in NCDRC’s order to refund amount in excess of 10% of BSP

The Court reiterated that one-sided Agreements, as in the present case, would be covered by the definition of term “unfair trade practice”.

Case Briefs Supreme Court

Term ‘manufacture’ in S. 3 of Drugs and Cosmetics Act excludes dispensing and packing of drug in ordinary course of retail business: SC

‘Manufacture’ is an inclusive term and includes any process or part of a process for making, altering, ornamenting, finishing, packing, labelling, breaking up or otherwise treating or adopting any drug or cosmetic with a view to its sale or distribution.

Case Briefs Tribunals/Commissions/Regulatory Bodies

SCDRC prohibits LDA, Experion Developers to make any constructions for Chica Loca by Sunny Leone in Experion Capital, Vibhuti Khand

SCDRC sternly took note of illegal constructions and illegal encroachments done by the opposite parties, thereby hindering the privacy and security of Allahabad High Court (Lucknow Bench) premises and residents of Experion Capital.

Case Briefs Supreme Court

Transferee pendente lite not entitled to come on record as a matter of right; impleadment will depend on nature of suit: SC

“Merely because such transferee pendente lite does not come on record, the concept of him (transferee pendente lite) not being bound by the judgment does not arise and consequently he would be bound by the result of the litigation, though he remains unrepresented”.

Case Briefs Supreme Court

Pollution by Tanneries in Vellore District | SC issues Guidelines; directs State and polluters to compensate affected persons

While Polluters Pay Principle focuses on directly penalizing offenders; the Government Pay Principle emerges from this context, aiming to hold governments accountable for regulatory and enforcement lapses.

Case Briefs Supreme Court

Proviso to S. 31(4) IBC mandatory in nature; Breakdown of SC’s 2:1 verdict holding AGI Greenpac’s Resolution Plan for HNGIL unsustainable

“Legislative intent behind inserting the proviso to Section 31(4) of the IBC would suggest that prior approval of the CCI was specifically mandated and it should not be seen as a flexible provision to be ignored in certain exigencies.”

Domicile reservation PG Medical Courses state quota

Case Briefs Supreme Court

Domicile/residence-based reservation in admission to PG Medical Courses within State quota is impermissible: SC

“Each citizen of this country carries with him or her, one single domicile which is the ‘Domicile of India’. The concept of regional or provincial domicile is alien to the Indian legal system.”

Case Briefs Supreme Court

Legitimacy determines paternity under Section 112 Evidence Act, until the presumption is rebutted by proving ‘non-access’: SC

An ‘additional’ access or ‘multiple’ access does not automatically negate the access between the spouses and prove non-access thereof.

Case Briefs Supreme Court

‘Filthy language’ examined in isolation without any context indicating intention to insult modesty, doesn’t fall under S. 506 IPC: SC

“It will be essential for the Court to carefully assess the evidence presented, in order to determine whether there is sufficient material to establish the intention and knowledge to insult the modesty of the complainant or, whether any act was intended to shock the sense of decency of the complainant being a woman”.

Case Briefs Supreme Court

Explained | Supreme Court’s spilt verdict on a Christian man’s appeal to bury deceased father in his native village

Given the lack of consensus between the Judges, the Court exercising its power under Article 142 directed the appellant to perform the funeral rites and bury his deceased father at the burial ground at another village.

election dispute caste of returned candidate

Case Briefs Supreme Court

SC stays proceedings before Karnataka HC deciding HC’s jurisdiction to decide election dispute questioning caste of a returned candidate

The matter revolved around the respondent questioning the petitioner’s election to Jagaluru Vidhan Sabha Constituency contending that the petitioner did not belong to Scheduled Tribe but belonged to the Other Backward Community.

Appointments & Transfers News

Centre notifies appointment of Judges for the High Courts of Allahabad, Bombay and Rajasthan

The appointments by the President of India were notified by the Ministry of Law and Justice on 23-1-2025.

Case Briefs Supreme Court

Explained | Supreme Court’s split verdict on AIMIM member Tahir Hussain’s interim bail plea to contest Delhi Assembly Elections

Tahir Hussain, who was formerly a member of Aam Aadmi Party, has been in custody in connection with 2020 Delhi Riots cases, murder and offences under PMLA.

Case Briefs Supreme Court

SC 5-Judge Bench to decide if writ under Art. 226 would be maintainable against an order passed by Micro and Small Enterprises Facilitation Council

The Court took note of the conflicting Division Bench decisions regarding whether a writ petition could be entertained against any order/award of the MSEFC, and whether there is complete prohibition on maintainability of the writ petition before the High Court.