Prachi Bhardwaj, Author at SCC Times

Does ‘Caste based insult’ include calling person belonging to Scheduled Caste or Tribe “Bewakoof”, “Murkh”, “Chor”? Supreme Court answers

The Supreme Court observed that it is desirable that before an accused is subjected to a trial for alleged commission of offence under section 3(1)(x), the utterances made by him in any place within public view are outlined, if not in the F.I.R., but at least in the charge-sheet so as to enable the court to ascertain whether the charge sheet makes out a case of an offence.

Case Briefs Supreme Court

Supreme Court on Judicial Officers’ pension: Recommendations, Compliance Timeline and Key Observations

“To be truly unified both in form and in substance, there must be integration in terms of pay, pension and other service conditions between the District Judiciary, the High Courts and the Supreme Court. Hence, any increase in the salary of the judges of the High Court must reflect in the same proportion to the judges in the District Judiciary.”

Case Briefs Supreme Court

“Courts can’t be used to settle personal scores”; SC imposes Rs 1 Lakh cost on ISKCON Kolkata officials for filing frivolous litigation against Bangalore counterparts

The Supreme Court observed that just as bad coins drive out good coins from circulation, bad cases drive out good cases from being heard on time.

Case Briefs Supreme Court

Explained| Supreme Court judgment on Electricity Act 2003: Duty to supply electricity, Subsequent versus previous occupier, Recovery of arrears, and more

The ruling came in a batch of cases where new owners of properties, purchased in auction sales, have been denied electricity connections due to the previous owners’ failure to pay their electricity dues.

Case Briefs Supreme Court

Irretrievable breakdown of marriage | Supreme Court invokes Article 142 of the Constitution to grant mutual consent divorce

This ruling is significant in the light of the judgment dated 01-05-2023, wherein the Constitution Bench had held that the Supreme Court has the power to dissolve a marriage on the ground of irretrievable breakdown under Article 142(1) of the Constitution of India.

Case Briefs Supreme Court

Supreme Court | Non- Tribals can settle down and vote in Scheduled Areas

Supreme Court held that the power of the Governor under Clause 5 of the Fifth Schedule does not supersede the Fundamental Rights under Part III of the Constitution of India.

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Jury finds Donald Trump guilty in sexual abuse case

Case Briefs Supreme Court

Sexual Harassment at workplace: “Assure women safe & secure workplace or they will fear stepping out”; SC issues directions for PoSH Act implementation

The Supreme Court attributed the reluctance on the part of victims of Sexual Harassment at workplace to report the misconduct to, (i) uncertainty about who to approach under the Act for redressal of their grievance; and (ii) lack of confidence in the process and its outcome.

Case Briefs Supreme Court

Supreme Court stays Gujarat Govt’s ‘rushed’ decision to promote judicial officers as District Judges; says ‘State could’ve waited till next hearing’

The Gujarat Government had issued the impugned Notification dated 18.04.2023 during the pendency of the present writ petition and after receiving the notice issued by the Court. The Supreme Court observed that the State Government could have waited till the next date of hearing which was on 28.04.2023.

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

Decoding Maharashtra Political Crisis: From how it all started to Supreme Court’s ‘Big’ Verdict

The five Judge Constitution Bench of the Supreme Court has upheld the Governor’s decision of inviting Eknath Shinde to form the Government in the State of Maharashtra and has refused to quash Udhav Thackeray’s resignation as it was submitted voluntarily before the floor test. This Explainer not just provides a Bird’s-Eye view of the Supreme Court Judgment for easy reference but also gives a detailed point-wise breakdown of each issue.

Hot Off The Press News

SC Recruitment cell pushes Law Clerk-cum-Research Associates Examination 2023 to June 4; shares ‘Sample guide’ of questions and answers

The two-Part Law Clerk-cum-Research Associates Examination, that was earlier scheduled to be conducted on 27-05-2023, will now be conducted in pen and paper mode on Sunday, 04-06-2023 in two shifts.

Case Briefs Supreme Court

Supreme Court | Continuation of irretrievably broken down marriage spells cruelty to both parties; can be read as a ground for divorce under Hindu Marriage Act

Supreme Court observed that in cases where the marital relationship has broken down irretrievably, where there is a long separation and absence of cohabitation, then continuation of such a ‘marriage' would only mean giving sanction to cruelty which each is inflicting on the other.

applicability of arbitration amendment act 2015

Case Briefs Supreme Court

Notice invoking arbitration issued prior to 2015 Amendment but application filed post Amendment: SC resolves enigma around applicability of Arbitration Amendment Act 2015

Upholding the Telangana High Court judgment, the Supreme Court held that the law prevailing prior to the Arbitration and Conciliation (Amendment) Act, 2015 shall be applicable in a case where the notice invoking arbitration is issued prior to the Amendment Act, 2015.

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What is precedent: Obiter Dicta and Ratio Decidendi explained

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Can wisdom tooth accurately determine a person’s age?

Case Briefs Supreme Court

Supreme Court’s Split verdict on Settlement Commission’s jurisdiction in case of seized goods mentioned under Section 123 of the Customs Act 1962

Supreme Court was called upon to decide whether a settlement remedy under Section 127B of the Customs Act, 1962, would be available for the seized goods, which are specified under Section 123 of the said Act, the bench of Krishna Murari and Sanjay Karol, JJ gave a spilt verdict and referred the matter to a larger bench.

Case Briefs Supreme Court

Supreme Court| Section 140(5) of the Companies Act constitutional; Proceedings do not come to an end on resignation/ removal of an auditor

Supreme Court observed that if the interpretation that once an auditor resigns, the proceedings under Section 140(5) stand terminated and are no longer further required to be proceeded, an auditor may resign to avoid Tribunal’s final order and its consequence as provided under the second proviso to Section 140(5).

Case Briefs Supreme Court

Here’s why Supreme Court upheld DMK MP Kanimozhi Karunanidhi’s election from Tamil Nadu’s Thoothukudy

DMK MP Kanimozhi Karunanidhi’s election was challenged on the ground that she had intentionally supressed the information about the payment of income tax of her spouse.

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Irretrievable Breakdown of Marriage: Supreme Court can grant divorce under Article 142

Legal RoundUp Supreme Court Roundups

Supreme Court April 2023| Marriage Equality, Unstamped Arbitration Agreements, Sealed Covers, Justice Gangopadhyay, Daughter’s Inheritance rights, and more

April was not the regular, run-of-the-mill month for the Supreme Court of India as it not only delivered some big judgments and began hearing the momentous Marriage Equality matter but also dealt with some unusual cases like Mr Put Mine, Advocate’s appearance, Justice Gangopadhyay controversy; and case of the Judge who lost job over unprepared judgments. This Roundup covers all of that and more!