Editor, Author at SCC Times

Delhi High Court sets aside the rejection of the professional wrestlers made by the Oversight Committee of M.C Mary Kom, Yogeshwar Dutt and Babita Phogat

The Court was of the view that the purpose of the trials was to ensure that the best sports persons participate in the championship and the exclusion of National Games appeared to have adversely affected the petitioners.

Case Briefs Supreme Court

Review application cannot be used as an Appeal in disguise, reiterates Supreme Court

“An erroneous order may be subjected to appeal before the higher forum but cannot be a subject matter of review under Order 47 Rule 1 CPC”, stated the Supreme Court

Case Briefs High Courts

Delhi High Court reprimands owners of TVF web series ‘College Romance’ over “obscene, lascivious and profane language”

The Delhi High Court upheld the order of ASJ to register an FIR under the provision of the Information Technology Act, 2000 against the petitioner, however, clarified that the same does not include the direction to arrest any of the accused or petitioner.

Case Briefs High Courts

Delhi High Court directs the Passport Authority to expeditiously decide Mehbooba Mufti’s fresh passport application

The Central Government Standing Counsel apprised the Court of the order dated 02-03-2023 which had set aside the order dated 26-03-2021 and remanded back the matter to the Passport office for re-examination.

Case Briefs Supreme Court

Explained| Why Supreme Court dismissed MSEDCL’s appeal against compensation to Adani Power and GMR Warora Energy due to ‘Change in Law’?

The Supreme Court upheld the judgement passed by the APTEL after observing that the generating companies were entitled to compensation so as to restore them to the same economic position, if the Change in Law had not occurred.

Case Briefs Supreme Court

Supreme Court emphasises on Appellate Courts’ limited scope in remanding back the matter for a de novo trial

The remand in the present case could only be correlated with Rule 23-A of Order XLI CPC and for its applicability, the necessary requirements were that “the decree is reversed in appeal and a re-trial is considered necessary”, thus, the Supreme Court held that the remand in the present case was not justified.

Case Briefs High Courts

Rajasthan High Court seeks suggestions from the Government and BCI to protect advocates from violence and harassment meted out while discharging their duty

The Court sought assistant of BCI and directed to implead its Secretary in the present petition and accordingly issued notice to BCI who may come up with appropriate suggestions in the matter towards framing of guidelines.

Case Briefs Supreme Court

Supreme Court affirms the order of the Bombay High Court supporting lawyers with 10 years’ experience to be considered for Consumer Commission appointment

“In absence of transparency in the matter of appointments of President and Members and in absence of any criteria on merits the undeserving and unqualified persons may get appointment which may frustrate the object and purpose of the Consumer Protection Act”, observed the Bench.

Case Briefs High Courts

Non-signatory parties can be subjected to arbitration in accordance with Doctrine of Group of Companies: Delhi High Court

Delhi High Court held that non-signatory or third party could be subjected to arbitration proceedings without their prior consent. It was necessary to examine the touchstone of direct relationship of signatory parties to the arbitration agreement, forming part of a composite transaction.

Case Briefs Supreme Court

‘Uncommunicated grade’ cannot be relied upon for promotion; Supreme Court directs Departmental Promotion Committee to consider the case afresh

The Supreme Court set aside the DCP proceedings held in the year 2021 denying the promotion to the petitioner for the post of Assistant Registrar.

Case Briefs High Courts

Rajasthan High Court directs to destroy record of conviction of the child in conflict with law; No ground to deny appointment as a police constable

The Court held that the employer is prohibited by law from referring to or taking in consideration the judgment of conviction so as to deprive a successful candidate, who was a child in conflict with law at some point of time from being employed in Government service.

Case Briefs Supreme Court

Economic offences under PMLA not to be treated lightly, Courts should tread meticulously before granting bail: Supreme Court

The Supreme Court stated that in the case of an economic offence which has a severe impact on the society, the Courts should be very slow in exercising the discretion under Section 438 of CrPC.

Case Briefs High Courts

Resignation once accepted, cannot be allowed to be withdrawn: Rajasthan High Court

“A “resignation” of a Public Office, when made with an intention of relinquishing the office, accompanied by an act relinquishment, then nothing further is required. Resignation once accepted, cannot be allowed to be withdrawn.” Observed the High Court

Case Briefs High Courts

NGT to strictly abide by the RTI application and provision of RTI law, directs Delhi High Court

The Delhi High Court stated that National Green Tribunal is a national tribunal, and hence, its RTI cell should function properly in accordance with the timelines and rules prescribed under the RTI Act and Rules.

Legal RoundUp Supreme Court Roundups

Supreme Court Constitution Bench February 2023| Two verdicts delivered; Maharashtra’s political battle dominates hearings

Don’t miss out on the Constitution bench verdicts delivered on conducting All India Bar Examination and the issue relating to ex-communication of a person from the Dawoodi Bohra community. Judgments Delivered

Case Briefs Supreme Court

Classification of ‘pushtaini’ and ‘gair-pushtaini’ landholders bad in law, creates dissonance between Land Acquisition Act’s object and effect: Supreme Court

The Supreme Court opined that even if such a classification had a rational nexus to the objective of the notification, the classification must also be legitimized by the parent statute.

Case Briefs High Courts

Delhi High Court clarifies the position of Res Judicata with respect to Section 11 of the Arbitration Act

Delhi High Court was of the view that it would be within its right to dismiss the petition at the threshold if the petition is not maintainable, otherwise an unacceptable position of law would arise where despite a petition being not maintainable due to lack of territorial jurisdiction would need to be entertained.

Case Briefs Supreme Court

Supreme Court directs District Coastal Zonal Management Authority to decide on the question of demolition of edible oil pipeline in Chennai

Supreme Court stated that the appellants may approach the relevant Coastal Zonal Management Authority within a period of one month as regards to laying down the pipelines was concerned which will be considered by any application made in regard to the continued use of the pipeline.

Case Briefs Supreme Court

Classification of posts and determination of pay structure falls within Executive’s exclusive domain, Courts and Tribunals should not interfere; Supreme Court reiterates

“The wisdom and advisability of the Courts in the matters concerning the finance, are ordinarily not amenable to judicial review unless a gross case of arbitrariness or unfairness is established by the aggrieved party.”, observed Supreme Court

Case Briefs Supreme Court

EXPLAINED| Why Supreme Court allowed AIADMK leader E. Palaniswami to continue as the interim general secretary

Courts should not interfere in the internal issue of a party and leave it open to the party and its members to take a particular decision for better administration, stated Supreme Court