Author name: G.R. Hari

Supreme Court clarifies “salary” to include leave encashment and gratuity for aided school teachers: Jagdish Prasad Saini vs. State of Rajasthan (26 September 2022)

/ Constitutional Law, Constitutional Law with Article 309, Judges, Rajasthan Non-Government Educational Institutions Act, 1989, Rajasthan Non-Government Educational Institutions Act, 1989 with Section 2(d), Rajasthan Non-Government Educational Institutions Act, 1989 with Section 2(r), Rajasthan Non-Government Educational Institutions Act, 1989 with Section 29, S. Ravindra Bhat, Uday Umesh Lalit

Supreme Court clarifies “salary” to include leave encashment and gratuity for aided school teachers: Jagdish Prasad Saini vs. State of Rajasthan (2022) LEGAL ISSUE: Whether the term “salary” includes leave encashment and gratuity for employees of aided educational institutions in Rajasthan. CASE TYPE: Service Law Case Name: Jagdish Prasad Saini & Ors. vs. State of […]

Supreme Court clarifies “salary” to include leave encashment and gratuity for aided school teachers: Jagdish Prasad Saini vs. State of Rajasthan (26 September 2022) Read Post »

Supreme Court directs fresh inquiry in Panchayat Assistant Misappropriation Case (2022) INSC 768

/ Departmental Inquiry, Judges, Krishna Murari, M.R. Shah, Misappropriation of Funds, Principles of Natural Justice, Service Law, Tamil Nadu Panchayat Act

Supreme Court directs fresh inquiry in Panchayat Assistant Misappropriation Case (2022) INSC 768 LEGAL ISSUE: Whether the High Court can order reinstatement with back wages when a disciplinary inquiry is found to be in violation of natural justice, or should the matter be remanded for a fresh inquiry. CASE TYPE: Service Law – Departmental Inquiry

Supreme Court directs fresh inquiry in Panchayat Assistant Misappropriation Case (2022) INSC 768 Read Post »

Supreme Court clarifies appealability of order for adding a party in Admiralty Suit: Owners and Parties Interested in the Vessel M.V. Polaris Galaxy vs. Banque Cantonale De Geneve (23 September 2022)

/ A. S. Bopanna, Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, Admiralty Law, Admiralty Law with Section 14, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order I Rule 10(2), Commercial Courts Act, 2015, Commercial Law, Commercial Law with Section 13, Indira Banerjee, Judges

Supreme Court clarifies appealability of order for adding a party in Admiralty Suit: Owners and Parties Interested in the Vessel M.V. Polaris Galaxy vs. Banque Cantonale De Geneve (2022) LEGAL ISSUE: Whether an order for adding a party in an admiralty suit is appealable under the Commercial Courts Act, 2015 and the Admiralty (Jurisdiction and

Supreme Court clarifies appealability of order for adding a party in Admiralty Suit: Owners and Parties Interested in the Vessel M.V. Polaris Galaxy vs. Banque Cantonale De Geneve (23 September 2022) Read Post »

Supreme Court settles Compensation Apportionment under Land Acquisition Act: Patel Kodarbhai Mohanbhai vs. Sonata Ceramica Pvt. Ltd. (2022) INSC 436

/ Appeals, Civil Procedure, Compensation Apportionment, Impleadment of Parties, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 30, M.R. Shah, Pamidighantam Sri Narasimha

Supreme Court Settles Compensation Apportionment Under Land Acquisition Act: Patel Kodarbhai Mohanbhai vs. Sonata Ceramica Pvt. Ltd. (2022) INSC 436 LEGAL ISSUE: Dispute regarding the apportionment of compensation for land acquired under the Land Acquisition Act, 1894. CASE TYPE: Land Acquisition Case Name: Patel Kodarbhai Mohanbhai vs. Sonata Ceramica Pvt. Ltd. and Others Judgment Date:

Supreme Court settles Compensation Apportionment under Land Acquisition Act: Patel Kodarbhai Mohanbhai vs. Sonata Ceramica Pvt. Ltd. (2022) INSC 436 Read Post »

Transfer of FIRs: Supreme Court directs investigation of Navika Kumar’s cases to Delhi Police, (23 September 2022)

/ Criminal Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 153A, Indian Penal Code, 1860 with Section 295A, Indian Penal Code, 1860 with Section 505(2), Judges, Krishna Murari, M.R. Shah, Transfer of FIRs

Supreme Court Transfers FIRs in Navika Kumar Case to Delhi Police LEGAL ISSUE: Transfer of multiple FIRs to a single investigating agency. CASE TYPE: Criminal Case Name: Navika Kumar vs. Union of India and Others Judgment Date: 23 September 2022 Introduction Date of the Judgment: 23 September 2022 Citation: (2022) INSC 430 Judges: M.R. Shah,

Transfer of FIRs: Supreme Court directs investigation of Navika Kumar’s cases to Delhi Police, (23 September 2022) Read Post »

Supreme Court directs early disposal of seniority dispute: Arjun Murmu vs. State of Odisha (2022)

/ C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 136, Indira Banerjee, Interim Orders, Judges, Promotion, Seniority Dispute, Service Law

Supreme Court directs early disposal of seniority dispute: Arjun Murmu vs. State of Odisha (2022) LEGAL ISSUE: Seniority dispute between Assistant Section Officers recruited under special and general quotas. CASE TYPE: Service Law Case Name: Arjun Murmu vs. The State of Odisha & Ors. Judgment Date: 23 September 2022 Date of the Judgment: 23 September

Supreme Court directs early disposal of seniority dispute: Arjun Murmu vs. State of Odisha (2022) Read Post »

Supreme Court overturns High Court ruling on permanent injunction based on unregistered sale agreement: Balram Singh vs. Kelo Devi (2022) INSC 447

/ Agreements, Civil Law, Judges, Krishna Murari, M.R. Shah, Permanent Injunction, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 10, Unregistered Documents

Supreme Court overturns High Court ruling on permanent injunction based on unregistered sale agreement: Balram Singh vs. Kelo Devi (2022) INSC 447 LEGAL ISSUE: Can a permanent injunction be granted based on an unregistered agreement to sell? CASE TYPE: Civil Law Case Name: Balram Singh vs. Kelo Devi [Judgment Date]: 23 September 2022 Date of

Supreme Court overturns High Court ruling on permanent injunction based on unregistered sale agreement: Balram Singh vs. Kelo Devi (2022) INSC 447 Read Post »

Supreme Court Enhances Compensation for Driver Deaths in Motor Accident Claims: Kalavati & Ors. vs. Mirza Kaisar Baig & Anr. (23 September 2022)

/ Judges, Krishna Murari, Loss of Dependency, M.R. Shah, Motor Accident Claims, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 166

Supreme Court Enhances Compensation for Driver Deaths in Motor Accident Claims: Kalavati & Ors. vs. Mirza Kaisar Baig & Anr. (2022) LEGAL ISSUE: Determination of fair compensation in motor accident claims, specifically regarding the assessment of income and future prospects of deceased drivers. CASE TYPE: Motor Accident Compensation Case Name: Smt. Kalavati & Ors. vs.

Supreme Court Enhances Compensation for Driver Deaths in Motor Accident Claims: Kalavati & Ors. vs. Mirza Kaisar Baig & Anr. (23 September 2022) Read Post »

Supreme Court Enhances Land Compensation: Harpal Singh vs. State of Punjab (2022)

/ Compensation, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Judges, Krishna Murari, Land Acquisition Act, Land Acquisition Act with Section 4, M.R. Shah

Supreme Court Enhances Compensation for Land Acquisition in Punjab LEGAL ISSUE: Determination of fair compensation for land acquisition. CASE TYPE: Land Acquisition Case Name: Harpal Singh and Anr. Etc. Etc. Versus State of Punjab Etc. Etc. [Judgment Date]: 23 September 2022 Date of the Judgment: 23 September 2022 Citation: Harpal Singh and Anr. Etc. Etc.

Supreme Court Enhances Land Compensation: Harpal Singh vs. State of Punjab (2022) Read Post »

Supreme Court Upholds Customs Duty on Forged DEPB Licenses: Munjal Showa Ltd. vs. Commissioner of Customs (23 September 2022)

/ Customs Act, 1962 with Section 25, Customs Law, Duty Entitlement Passbook (DEPB), Judges, Krishna Murari, M.R. Shah

Supreme Court Upholds Customs Duty on Forged DEPB Licenses: Munjal Showa Ltd. vs. Commissioner of Customs (2022) LEGAL ISSUE: Whether the extended period of limitation can be invoked for demanding customs duty when the importer has availed exemption based on forged DEPB licenses, and whether the buyer’s knowledge of the fraud affects duty liability. CASE

Supreme Court Upholds Customs Duty on Forged DEPB Licenses: Munjal Showa Ltd. vs. Commissioner of Customs (23 September 2022) Read Post »

Supreme Court Directs Review of Promotion, Cites Inconsistent ACR: Union of India vs. G.R. Meghwal (23 September 2022)

/ Administrative Law, Annual Confidential Report, B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 14, Judges, M.R. Shah, Natural Justice, Office Memorandums, Promotion, Service Law

Supreme Court Directs Review of Promotion, Cites Inconsistent ACR: Union of India vs. G.R. Meghwal (2022) LEGAL ISSUE: Whether a below-benchmark Annual Confidential Report (ACR) can be the sole basis for denying promotion when previous ACRs were significantly higher and the reporting officer was the same. CASE TYPE: Service Law (Promotion) Case Name: Union of

Supreme Court Directs Review of Promotion, Cites Inconsistent ACR: Union of India vs. G.R. Meghwal (23 September 2022) Read Post »

Supreme Court Upholds Port Trust’s Right to Levy Anchorage Charges Post Vessel Sale: NKD Maritime vs. Mumbai Port Trust (2022)

/ Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 with Section 8, Admiralty Law, Indira Banerjee, J.K. Maheshwari, Judges, Major Port Trusts Act, 1963, Major Port Trusts Act, 1963 with Section 50, Major Port Trusts Act, 1963 with Section 50-B, Maritime Claims, Port Dues

Supreme Court Upholds Port Trust’s Right to Levy Anchorage Charges Post Vessel Sale: NKD Maritime vs. Mumbai Port Trust (2022) LEGAL ISSUE: Whether a purchaser of a vessel at auction is liable for anchorage charges based on the vessel’s prior docking history or only from the date of purchase. CASE TYPE: Admiralty Law Case Name:

Supreme Court Upholds Port Trust’s Right to Levy Anchorage Charges Post Vessel Sale: NKD Maritime vs. Mumbai Port Trust (2022) Read Post »

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