Author name: G.R. Hari

Supreme Court allows withdrawal of CIRP application before constitution of Committee of Creditors in Insolvency Cases (22 September 2022)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Corporate Insolvency Resolution Process (CIRP), Indira Banerjee, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 12A, Insolvency and Bankruptcy Code, 2016 with Section 7, J.K. Maheshwari, Judges

Supreme Court Allows Withdrawal of CIRP Application Before CoC Formation LEGAL ISSUE: Whether an application for Corporate Insolvency Resolution Process (CIRP) can be withdrawn before the constitution of the Committee of Creditors (CoC). CASE TYPE: Insolvency Law Case Name: Ashok G. Rajani vs. Beacon Trusteeship Ltd. & Ors. Judgment Date: 22 September 2022 Introduction Date […]

Supreme Court allows withdrawal of CIRP application before constitution of Committee of Creditors in Insolvency Cases (22 September 2022) Read Post »

Supreme Court Allows Notional Increase in Infrastructure Charges for Telecom Providers: BSNL vs. Tata Communications (22 September 2022)

/ Ajay Rastogi, B.V. Nagarathna, Indian Telegraph Act, 1885, Indian Telegraph Act, 1885 with Section 4, Interconnection Agreements, Judges

Supreme Court Allows Notional Increase in Infrastructure Charges for Telecom Providers LEGAL ISSUE: Whether Bharat Sanchar Nigam Ltd. (BSNL) can retrospectively apply revised infrastructure charges and claim a notional increase in charges from telecom service providers. CASE TYPE: Telecom Regulatory Dispute Case Name: Bharat Sanchar Nigam Ltd. and Others vs. M/s Tata Communications Ltd. Etc.

Supreme Court Allows Notional Increase in Infrastructure Charges for Telecom Providers: BSNL vs. Tata Communications (22 September 2022) Read Post »

Supreme Court Upholds Landlord’s Eviction Rights in Property Dispute: Gopi @ Goverdhannath vs. Sri Ballabh Vyas (2022)

/ Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 with Section 10(2)(i), Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 with Section 10(2)(vi), Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 with Section 10(3)(a), C.T. Ravikumar, Indian Registration Act, 1908, Indian Registration Act, 1908 with Section 17, Indira Banerjee, Judges, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 109, Transfer of Property Act, 1882 with Section 54, Transfer of Property Act, 1882 with Section 9

Supreme Court Upholds Landlord’s Eviction Rights in Property Dispute: Gopi @ Goverdhannath vs. Sri Ballabh Vyas (2022) Date of the Judgment: September 22, 2022 Citation: 2022 INSC 446 Judges: Indira Banerjee, J., C.T. Ravikumar, J. (Majority Opinion by C.T. Ravikumar, J.) Can a tenant’s claim of ownership, without any supporting evidence, override a landlord’s registered

Supreme Court Upholds Landlord’s Eviction Rights in Property Dispute: Gopi @ Goverdhannath vs. Sri Ballabh Vyas (2022) Read Post »

Supreme Court Resolves Land Dispute between NOIDA and Cooperative Society: Allotment of Flats Ordered (22 September 2022)

/ Indira Banerjee, Judges, K.M. Joseph, Land Transfers, U.P. Zamindari Abolition and Land Reforms Act, 1950, U.P. Zamindari Abolition and Land Reforms Act, 1950 with Section 154, Uday Umesh Lalit

Supreme Court Resolves Land Dispute between NOIDA and Cooperative Society Date of the Judgment: 22 September 2022 Citation: (Not Available in Source) Judges: Uday Umesh Lalit, CJI, Indira Banerjee J., K.M. Joseph J. Can a long-standing land dispute between a development authority and a cooperative society be resolved by ensuring housing for its members? The

Supreme Court Resolves Land Dispute between NOIDA and Cooperative Society: Allotment of Flats Ordered (22 September 2022) Read Post »

Supreme Court Clarifies Compensation for Project Affected Families in Narmada Bachao Andolan Case (22 September 2022)

/ Compensation, Constitutional Law, Constitutional Law with Article 142, Dhananjaya Y Chandrachud, Hima Kohli, Judges, Pamidighantam Sri Narasimha, Resettlement and Rehabilitation, Resettlement and Rehabilitation Policy

Supreme Court Clarifies Compensation for Project Affected Families in Narmada Bachao Andolan Case (22 September 2022) LEGAL ISSUE: Clarification of compensation for project-affected families. CASE TYPE: Civil, Resettlement and Rehabilitation. Case Name: Narmada Bachao Andolan and Ors. vs. Union of India & Ors. Judgment Date: 22 September 2022 Introduction Date of the Judgment: 22 September

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Supreme Court enhances compensation in motor accident case: K. Priyadarshini vs. Gammon India Limited (2022)

/ Hemant Gupta, Judges, Motor Accident Compensation, Motor Vehicles Act, Motor Vehicles Act with Section 166, Sudhanshu Dhulia

Supreme Court enhances compensation in motor accident case: K. Priyadarshini vs. Gammon India Limited (2022) LEGAL ISSUE: Whether the High Court was correct in not awarding future prospects while calculating compensation in a motor accident claim. CASE TYPE: Motor Accident Compensation Case Name: K. Priyadarshini & Ors. vs. M/s Gammon India Limited & Anr. [Judgment

Supreme Court enhances compensation in motor accident case: K. Priyadarshini vs. Gammon India Limited (2022) Read Post »

Supreme Court Enhances Compensation in Motor Accident Case by Applying Future Prospects: Narayan & Ors. vs. Royal Sundaram Alliance Insurance Co. Ltd. (22 September 2022)

/ Compensation Calculation, Future Prospects, Hemant Gupta, Judges, Motor Accident Law, Motor Accident Law with National Insurance Company v. Pranay Sethi & Ors., Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 166, Sudhanshu Dhulia

Supreme Court Enhances Compensation in Motor Accident Case by Applying Future Prospects: Narayan & Ors. vs. Royal Sundaram Alliance Insurance Co. Ltd. (2022) LEGAL ISSUE: Whether future prospects should be considered while calculating compensation in motor accident claims. CASE TYPE: Motor Accident Compensation Case Name: Narayan & Ors. vs. Manager Royal Sundaram Alliance Insurance Co.

Supreme Court Enhances Compensation in Motor Accident Case by Applying Future Prospects: Narayan & Ors. vs. Royal Sundaram Alliance Insurance Co. Ltd. (22 September 2022) Read Post »

Supreme Court permits ex post facto Environmental Clearance for Bio-Medical Waste Treatment Facilities: D. Swamy vs. Karnataka State Pollution Control Board (22 September 2022)

/ Bio-Medical Waste Treatment, Environment (Protection) Act, 1986, Environment (Protection) Act, 1986 with Section 3, Environmental Impact Assessment Notification, 2006, Environmental Law, Ex Post Facto Environmental Clearance, General Clauses Act, 1897, General Clauses Act, 1897 with Section 21, Indira Banerjee, J. K. Maheshwari, Judges

Supreme Court permits ex post facto Environmental Clearance for Bio-Medical Waste Treatment Facilities: D. Swamy vs. Karnataka State Pollution Control Board (2022) LEGAL ISSUE: Whether a Bio-Medical Waste Treatment Facility can operate without prior Environmental Clearance (EC). CASE TYPE: Environmental Law, National Green Tribunal Act. Case Name: D. Swamy vs. Karnataka State Pollution Control Board

Supreme Court permits ex post facto Environmental Clearance for Bio-Medical Waste Treatment Facilities: D. Swamy vs. Karnataka State Pollution Control Board (22 September 2022) Read Post »

Supreme Court Holds Singh Brothers in Contempt for Asset Diversion in Daiichi Sankyo Case (22 September 2022)

/ Arbitration Law, Arbitration Law with Section 48, Civil Contempt, Contempt of Court, Contempt of Court with Contempt of Courts Act, 1971, Enforcement of Foreign Arbitral Awards, Indira Banerjee, Judges, K.M. Joseph, Uday Umesh Lalit

Supreme Court Holds Singh Brothers in Contempt for Asset Diversion in Daiichi Sankyo Case LEGAL ISSUE: Contempt of Court for violating orders and undertakings related to asset preservation in an international arbitration enforcement. CASE TYPE: Civil Contempt, Arbitration Enforcement Case Name: M/s. Daiichi Sankyo Company Limited vs. Oscar Investments Limited & Ors. Judgment Date: 22

Supreme Court Holds Singh Brothers in Contempt for Asset Diversion in Daiichi Sankyo Case (22 September 2022) Read Post »

Supreme Court Upholds Adoption: Chandrabhan’s Inheritance Claim in Property Dispute (22 September 2022)

/ Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Section 100, Indira Banerjee, J.K. Maheshwari, Judges, Second Appeal

Supreme Court Upholds Adoption: Chandrabhan’s Inheritance Claim | Civil Law Date of the Judgment: 22 September 2022 Citation: [Not Available in Source] Judges: Indira Banerjee, J. and J.K. Maheshwari, J. Can a High Court overturn a well-reasoned judgment of a lower appellate court based on a reassessment of facts? The Supreme Court addressed this critical

Supreme Court Upholds Adoption: Chandrabhan’s Inheritance Claim in Property Dispute (22 September 2022) Read Post »

Supreme Court Directs Transfer of Central Sales Tax in Inter-State Sale: Tata Motors vs. Central Sales Tax Appellate Authority (21 September 2022)

/ Central Sales Tax Act, 1956, Central Sales Tax Act, 1956 with Section 22(1B), Inter-State Sales, Judges, Krishna Murari, M.R. Shah, Tax Transfer

Supreme Court Directs Transfer of Central Sales Tax in Inter-State Sale: Tata Motors vs. Central Sales Tax Appellate Authority (2022) LEGAL ISSUE: Whether a State can retain Central Sales Tax (CST) when it is not the appropriate State to levy the tax on an inter-state sale. CASE TYPE: Tax Law – Central Sales Tax Case

Supreme Court Directs Transfer of Central Sales Tax in Inter-State Sale: Tata Motors vs. Central Sales Tax Appellate Authority (21 September 2022) Read Post »

Supreme Court Upholds Statutory Remedy in Tax Assessment Dispute: State of Maharashtra vs. Greatship (India) Limited (20 September 2022)

/ B.V. Nagarathna, Central Sales Tax Act, 1956, Constitutional Law, Constitutional Law with Article 226, Judges, M.R. Shah, Maharashtra Value Added Tax Act, 2002, Tax Law

Supreme Court Upholds Statutory Remedy in Tax Assessment Dispute: State of Maharashtra vs. Greatship (India) Limited (20 September 2022) LEGAL ISSUE: Whether a High Court can entertain a writ petition against an assessment order when a statutory remedy of appeal is available. CASE TYPE: Tax Law Case Name: The State of Maharashtra and Others vs.

Supreme Court Upholds Statutory Remedy in Tax Assessment Dispute: State of Maharashtra vs. Greatship (India) Limited (20 September 2022) Read Post »

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