Apoorva, Author at SCC Times

‘Person having a spouse alive cannot live in illicit and live-in-relationship in contravention of law’: Allahabad HC refuses to grant police protection

Allahabad High Court clarified that it is not against live-in relationships, but against illegal relations

‘Arbitrary withholding of refund claims for specific periods, despite precedents, is contrary to principles of fairness and equity’: Allahabad HC grants relief to Samsung

“Taxation serves as the cornerstone of governmental revenue, facilitating the provision of public services and infrastructure. Essential to this system is consistency, ensuring that similar factual and legal circumstances are met with uniform treatment.”

Hot Off The Press News

[1990 Fake Arms License case] Varanasi Court sentences former UP MLA Mukhtar Ansari to life imprisonment

Last year, Mukhtar Ansari was sentenced life imprisonment by court for the killing Awadesh Rai, brother of former MLA Ajay Rai

Case Briefs Supreme Court

Supreme Court upholds Delhi HC Judgment granting 1 mark to judiciary aspirant due to changed answer in DJS-2023

The Petition candidate got 160.25 marks in the DJS preliminary examination however, last cut off was 160.75 marks.

Case Briefs Supreme Court

‘Ghee’ is a livestock product and can be regulated under AP (Agricultural Produce and Livestock) Markets Act: SC upholds Andhra Pradesh HC Judgment

Supreme Court said that the argument that “ghee” is not a product of livestock is baseless and bereft of any logic, as Cows and buffalos are the livestock. Thus, “ghee” is a product of milk, which is a product of the livestock.

Hot Off The Press News

Sandeshkhali ED Attack| SC refuses to interfere with Calcutta HC order directing CBI probe

Shahjahan Sheikh was described by the court as a ‘strongman’ with significant political influence, was elected as a Karmadhaksya of Zilla Parishad, North 24 Parganas, and had ties to the ruling party. He is a prime accused in almost 42 criminal cases arising out of Sandeshkhali, eventually leading to his arrest by the State Police after a prolonged period of being absconded.

Case Briefs Supreme Court (Constitution/Larger Benches)

Supreme Court dismisses SBI plea for extension of time to furnish information relating to Electoral Bonds; Directs disclosures by March 12

Supreme Court has directed Election Commission of India to compile the information and publish the details in its official website no later by 15-03-2024 by 5 PM.

Case Briefs Supreme Court

Supreme Court dismisses MakeMyTrip’s plea against Google in Keyword trade mark infringement case

“A risk of trade mark infringement occurs when a registered trade mark is used as a keyword by a third party to link its website to promote its goods and services, which creates confusion in the minds of the consumers about the source of the product.”

Case Briefs Supreme Court

Supreme Court directs ED to conduct exhaustive investigation in money laundering case against Amtek Auto’s former promoters

In 2018, the National Company Law Tribunal approved the resolution plan submitted for Amtek Auto by Liberty House, which was settled with 80% haircut for Deccan Value Investors in November 2021

Case Briefs Supreme Court

Criticising abrogation of Art. 370 on WhatsApp status; wishing Independence Day to Pakistan not an offence under Section 153-A IPC: Supreme Court

“Now, the time has come to enlighten and educate our police machinery on the concept of freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution and the extent of reasonable restraint on their free speech and expression. They must be sensitised about the democratic values enshrined in our Constitution”

Case Briefs Supreme Court

Supreme Court sets aside Orissa HC judgment granting father custody of child living with aunt for 14 years; says ‘child not a chattel’

Supreme Court said that the fact that when custody of the child was handed over to the aunt , she was un-married, and is now married having two children will not be a deterrent for this Court to come to the conclusion that best interest of the child still remains with the aunt as the child is living with her ever since she was 3-4 months old.

Events/Webinars News

Live | Second Edition of Delhi Arbitration Weekend 2024 (06 -10 March, 2024)

DAW 2024 comprises of focused sessions, curated to serve the need for discussion on the most pertinent themes in arbitration today, such as biases in arbitration, joinder of non-signatories in arbitration, Investor State Dispute Settlement mechanisms in light of today’s economic challenges, interplay of technology and arbitration, amongst others.

Case Briefs High Courts

Complaint for dishonour of cheque to be filed within one month from the date on which cause of action arose: Allahabad HC upholds summoning order

Allahabad High Court said that the petitioner had 15 days’ period to make the payment from the date of receipt of notice, on 08-01-2020, and the said period expired on 23-01-2020. Therefore, the cause of action for filing the complaint arose on 23-01-2020, as per clause (c) of the proviso of Section 138.

Case Briefs Supreme Court

‘3 years is a long period for filing application for appointing arbitrator’; SC suggests Parliament to bring amendment prescribing specific limitation period

Supreme Court, while allowing the present petition, appointed Justice Sanjay Kishan Kaul, Former Judge of the Supreme Court of India, to act as the sole arbitrator.

Case Briefs Supreme Court

[Pakhro Tiger Safari Project] SC directs MoEFCC to establish committee for environmental restoration and cost evaluation in Jim Corbett Park

“This is a classic case that shows how the politicians and the bureaucrats have thrown the public trust doctrine in the dustbin.”

Case Briefs High Courts

‘Where corporate character is employed for defrauding others, Court should pierce the corporate veil’: Allahabad HC refers Cloud 9 Projects cheating case to ED

“We cannot keep our eyes shut and be a mere mute spectator of the fraud, which the builders have played on the home buyers and Noida Authority”

Case Briefs High Courts

Madras HC sets aside Controller’s order rejecting patent application of Microsoft Tech. claiming invention titled ‘Message Communication of Sensor and other Data’

Madras High Court said that the Controller is correct in stating that both the cited prior art and the claimed invention provide for the transmission of sensor data to a subscribing application, but the difference lies in how such data is transmitted.

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT allows Vodafone’s claim of depreciation on goodwill acquired pursuant to slump sale acquisition of Call Centre Business from VEGL

ITAT noted that Parliament had taken due note that the Supreme Court had held that the goodwill arising on business reorganization i.e. amalgamation, slump sales, demerger etc. is a depreciable intangible asset under Section 32 of the Act.

Case Briefs Supreme Court

Timelines in renewable energy sector ensure early supply of green energy and reduction of carbon footprint: SC directs SECI to recover bank guarantee

Supreme Court added that if the payment of Rs.10 crores along with interest as directed, is not refunded within six months from the date of this order, SECI will be entitled to recover Rs. 10 crores plus interest as per the provisions of the Electricity Act, 2003.

Case Briefs Supreme Court

NCDRC cannot rewrite terms & conditions of contract and apply its own subjective criteria: SC directs builder to refund deposited amount to buyer for delayed possession

Supreme Court said that once the parties committed themselves to a written contract, whereby they reduced the terms and conditions agreed upon by them to writing, the same would be binding upon them.