Supreme Court Protects Privacy of Women Accused: Indrakunwar vs. State of Chhattisgarh (2023) LEGAL ISSUE: The extent to which the right to privacy protects a woman’s personal life when accused of a crime and the obligations of an accused to explain incriminating circumstances under Section 313 of the Code of Criminal Procedure. CASE TYPE: Criminal […]
Supreme Court Revises Land Compensation: Central Warehousing Corporation vs. Thakur Dwara Kalan (2023) LEGAL ISSUE: Determining fair compensation for land acquisition using annual cumulative increase. CASE TYPE: Land Acquisition. Case Name: The Central Warehousing Corporation vs. Thakur Dwara Kalan Ul-Maruf Baraglan Wala (Dead) & Ors. [Judgment Date]: October 19, 2023 Introduction Date of the Judgment:
Supreme Court Clarifies Assignment vs. Security Interest in Lease Rental Agreements Date of the Judgment: 19 October 2023 Citation: (2023) INSC 929 Judges: S. Ravindra Bhat, J., Dipankar Datta, J. Can a lender claim ownership over rental income when a borrower assigns it as security for a loan? The Supreme Court of India recently addressed
Supreme Court Directs Nationwide Implementation of POSH Act: Initiatives for Inclusion Foundation vs. Union of India (2023) LEGAL ISSUE: Implementation of the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013. CASE TYPE: Public Interest Litigation Case Name: Initiatives for Inclusion Foundation & Anr. vs. Union of India & Ors. Judgment Date: 19 October
Supreme Court Decides Land Resumption Rights Under Bombay Tenancy Act: Kesha v. Muralidhar (2023) LEGAL ISSUE: Interpretation of “economic holding” and land resumption rights under the Bombay Tenancy and Agricultural Lands Act, 1948. CASE TYPE: Land Tenancy Dispute Case Name: Kesha v. Muralidhar [Judgment Date]: 19 October 2023 Introduction Date of the Judgment: 19 October
Supreme Court overturns Trial Court’s Order under Section 319 CrPC: Aarif & Ors. vs. State of Rajasthan (2023) LEGAL ISSUE: Whether the Trial Court was correct in summoning the appellants under Section 319 of the Code of Criminal Procedure, 1973 (CrPC). CASE TYPE: Criminal Law Case Name: Aarif & Ors. vs. The State of Rajasthan
Supreme Court Upholds Election of Dasanglu Pul: Non-Disclosure of Deceased Husband’s Property Not a Substantial Defect (2023) LEGAL ISSUE: Whether non-disclosure of a deceased spouse’s property in a nomination affidavit is a substantial defect under the Representation of the People Act, 1951. CASE TYPE: Election Law Case Name: Dasanglu Pul vs. Lupalum Kri Judgment Date:
Supreme Court overturns medical negligence finding in Consumer Case: M.A Biviji vs. Sunita & Ors. (2023) INSC 938 (19 October 2023) LEGAL ISSUE: Whether the performance of a Nasotracheal Intubation (NI) procedure, after a bronchoscopy indicated normal airways, constitutes medical negligence, and whether subsequent medical complications can be directly linked to this procedure. CASE TYPE:
Supreme Court on Loss of Profit Claims in Contract Delays: Unibros vs. All India Radio (2023) LEGAL ISSUE: What constitutes sufficient evidence for a claim of loss of profit due to delays in contract execution? CASE TYPE: Arbitration Law Case Name: M/s Unibros vs. All India Radio [Judgment Date]: 19th October 2023 Date of the
Supreme Court Addresses Land Acquisition Notice in Urban Improvement Trust vs. Gordhan Dass (2023) LEGAL ISSUE: The legal issue revolves around the validity of a land acquisition notification when notice was not served to the current landowners but to the previous owners recorded in revenue records. CASE TYPE: Civil Law, Land Acquisition Case Name: Urban
Supreme Court Clarifies Most Favored Nation Clause in Tax Treaties: Assessing Officer vs. Nestle SA (2023) LEGAL ISSUE: Interpretation of the Most Favored Nation (MFN) clause in Double Taxation Avoidance Agreements (DTAAs). CASE TYPE: International Taxation Law Case Name: Assessing Officer Circle (International Taxation) 2(2)(2) New Delhi vs. M/s Nestle SA Judgment Date: 19 October
Supreme Court Orders Retrial in Child Rape and Murder Case Due to Hasty Trial: Naveen @ Ajay vs. State of Madhya Pradesh (2023) LEGAL ISSUE: Whether a trial conducted with undue haste, denying the accused a fair opportunity to defend themselves, is valid under the law. CASE TYPE: Criminal Law Case Name: Naveen @ Ajay
