Author name: G.R. Hari

Supreme Court Upholds Disqualification for False Asset Declaration in Municipal Elections: S. Rukmini Madegowda vs. State Election Commission (2022)

/ Ajay Rastogi, Constitutional Law, Constitutional Law with Article 243ZA(1), Constitutional Law with Article 324, Corrupt Practices, Election Law, Election Law with Section 123(2) of Representation of the People Act, 1951, Indira Banerjee, Judges, Uday Umesh Lalit

Supreme Court Upholds Disqualification for False Asset Declaration in Municipal Elections LEGAL ISSUE: Whether non-disclosure of assets by a candidate in municipal elections constitutes a corrupt practice leading to disqualification. CASE TYPE: Election Law Case Name: S. Rukmini Madegowda vs. The State Election Commission & Ors. Judgment Date: 14 September 2022 Date of the Judgment: […]

Supreme Court Upholds Disqualification for False Asset Declaration in Municipal Elections: S. Rukmini Madegowda vs. State Election Commission (2022) Read Post »

Supreme Court Modifies BCCI Constitution on Cooling-Off Periods and Disqualifications (2022)

/ BCCI Constitution with Clause 45, BCCI Constitution with Clause 6(4), BCCI Constitution with Clause 6(5), Board of Control for Cricket in India, Constitutional Law, Cooling-Off Period, Cricket Administration, Dhananjaya Y Chandrachud, Disqualification Criteria, Hima Kohli, Judges, Sports Law

Supreme Court Modifies BCCI Constitution on Cooling-Off Periods and Disqualifications (2022) LEGAL ISSUE: Modification of cooling-off periods and disqualification criteria for office bearers of the Board of Control for Cricket in India (BCCI) and state cricket associations. CASE TYPE: Sports Law, Constitutional Law Case Name: The Board of Control for Cricket in India v. Cricket

Supreme Court Modifies BCCI Constitution on Cooling-Off Periods and Disqualifications (2022) Read Post »

Supreme Court Orders Pension and Terminal Benefits Based on CAT Orders for Merged Language Cadre: R.D. Kaushal vs Union of India (2022)

/ B.R. Gavai, Central Administrative Tribunal, Central Administrative Tribunal with orders of 26th May 2008, Central Administrative Tribunal with orders of 7th July 2010, Judges, Pamidighantam Sri Narasimha, Pension, Service Law, Service Law with Research and Analysis Wing (Recruitment, Cadre and Service) Rules, 1975, Terminal Benefits

Supreme Court Orders Pension and Terminal Benefits Based on CAT Orders for Merged Language Cadre: R.D. Kaushal vs Union of India (2022) LEGAL ISSUE: Whether the merger of two cadres should impact the terminal benefits and pension of employees. CASE TYPE: Service Law Case Name: R.D. Kaushal and Ors. vs. Union of India and Ors.

Supreme Court Orders Pension and Terminal Benefits Based on CAT Orders for Merged Language Cadre: R.D. Kaushal vs Union of India (2022) Read Post »

Supreme Court clarifies property rights in passage dispute: Anil Kumar Modi vs. Tarsem Kumar Gupta (2022)

/ B.R. Gavai, C.T. Ravikumar, Code of Civil Procedure, 1908, Easementary Rights, Judges, Property Law, Property Rights, Res Judicata, Res Judicata, Code of Civil Procedure, 1908

Supreme Court clarifies property rights in passage dispute: Anil Kumar Modi vs. Tarsem Kumar Gupta (2022) Date of the Judgment: September 14, 2022 Citation: Not Available Judges: B.R. Gavai, J. and C.T. Ravikumar, J. Can a previous court ruling on a related issue prevent a later court from deciding on a different but connected issue?

Supreme Court clarifies property rights in passage dispute: Anil Kumar Modi vs. Tarsem Kumar Gupta (2022) Read Post »

Supreme Court quashes disproportionate assets case, emphasizes scrutiny at discharge stage: Kanchan Kumar vs. State of Bihar (2022)

/ B.R. Gavai, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 227, Judges, Pamidighantam Sri Narasimha, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(1)(d), Prevention of Corruption Act, 1988 with Section 13(2)

Supreme Court quashes disproportionate assets case, emphasizes scrutiny at discharge stage: Kanchan Kumar vs. State of Bihar (2022) LEGAL ISSUE: Whether a person should be discharged from a case of possessing assets disproportionate to their known income if there are glaring errors in the calculation of income and expenditure by the prosecution. CASE TYPE: Criminal

Supreme Court quashes disproportionate assets case, emphasizes scrutiny at discharge stage: Kanchan Kumar vs. State of Bihar (2022) Read Post »

Supreme Court Upholds Murder Conviction in Patricide Case: Chherturam vs. State of Chhattisgarh (2022)

/ Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 86, Judges, Offences Against Human Body, Pamidighantam Sri Narasimha, Sanjay Kishan Kaul

Supreme Court Upholds Murder Conviction in Patricide Case: Chherturam vs. State of Chhattisgarh (2022) LEGAL ISSUE: Whether the crime of patricide committed during a sudden fight under the influence of alcohol falls under the exception of culpable homicide not amounting to murder. CASE TYPE: Criminal Law. Case Name: Chherturam @ Chainu vs. State of Chhattisgarh.

Supreme Court Upholds Murder Conviction in Patricide Case: Chherturam vs. State of Chhattisgarh (2022) Read Post »

Supreme Court Upholds Seniority of Judicial Officer: Uttam Kumar Shaw vs. Partha Sarathi Sen & Ors. (2022)

/ Judges, M.M. Sundresh, Promotion, Retrospective Application of Rules, Sanjay Kishan Kaul, Seniority, Service Law, West Bengal Judicial (Conditions of Service) Rules, 2004, West Bengal Judicial (Conditions of Service) Rules, 2004

Supreme Court Upholds Seniority of Judicial Officer: Uttam Kumar Shaw vs. Partha Sarathi Sen & Ors. (2022) LEGAL ISSUE: Determining the correct seniority of a judicial officer promoted to the West Bengal Higher Judicial Service. CASE TYPE: Service Law. Case Name: Uttam Kumar Shaw vs. Partha Sarathi Sen & Ors. [Judgment Date]: September 13, 2022

Supreme Court Upholds Seniority of Judicial Officer: Uttam Kumar Shaw vs. Partha Sarathi Sen & Ors. (2022) Read Post »

Supreme Court Rejects Specific Performance of Sale Agreement Dependent on Third-Party Action: Raman vs. Natarajan (2022)

/ Indira Banerjee, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 54, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 12, Specific Relief Act, 1963 with Section 13, V. Ramasubramanian

Supreme Court Rejects Specific Performance of Sale Agreement Dependent on Third-Party Action: Raman vs. Natarajan (2022) Date of the Judgment: September 13, 2022 Citation: 2022 INSC 778 Judges: Indira Banerjee, J. and V. Ramasubramanian, J. Can a court compel specific performance of a sale agreement when the agreement’s execution depends on a third party’s actions?

Supreme Court Rejects Specific Performance of Sale Agreement Dependent on Third-Party Action: Raman vs. Natarajan (2022) Read Post »

Supreme Court Upholds Statutory Cancellation of Leases for Agricultural Land Belonging to Religious Institutions: Gulf Oil Corporation Ltd. vs. State of Telangana (2022)

/ Endowment Law, Hemant Gupta, Inam Land, Judges, Lease of Endowment Land, The Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987, The Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987 with Section 75, The Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987 with Section 82, Vikram Nath

Supreme Court Upholds Statutory Cancellation of Leases for Agricultural Land Belonging to Religious Institutions: Gulf Oil Corporation Ltd. vs. State of Telangana (2022) LEGAL ISSUE: Whether leases of agricultural land belonging to religious institutions are statutorily canceled under Section 82 of the Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987. CASE TYPE: Endowment

Supreme Court Upholds Statutory Cancellation of Leases for Agricultural Land Belonging to Religious Institutions: Gulf Oil Corporation Ltd. vs. State of Telangana (2022) Read Post »

Supreme Court directs Sessions Court to verify juvenility claim of convict: Vinod Katara vs. State of Uttar Pradesh (12 September 2022)

/ Constitutional Law, Constitutional Law with Article 39, Dinesh Maheshwari, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, J.B. Pardiwala, Judges, Juvenile Justice Act, Juvenile Justice Act, 2000 with Section 20, Juvenile Justice Act, 2000 with Section 7A, Juvenile Justice Act, 2015 with Section 94, Offences Against Human Body

Supreme Court directs Sessions Court to verify juvenility claim of convict: Vinod Katara vs. State of Uttar Pradesh (2022) LEGAL ISSUE: Whether a claim of juvenility can be raised at any stage of a legal proceeding, even after the final disposal of the case. CASE TYPE: Criminal Case Name: Vinod Katara vs. State of Uttar

Supreme Court directs Sessions Court to verify juvenility claim of convict: Vinod Katara vs. State of Uttar Pradesh (12 September 2022) Read Post »

Right to Dignified Burial vs. Public Order: Supreme Court Denies Exhumation in Mohammad Latief Magrey vs. Union Territory of Jammu and Kashmir (2022)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 176(3), Constitutional Law, Constitutional Law with Article 21, Constitutional Law with Article 25, Fundamental Rights, J.B. Pardiwala, Judges, Surya Kant

Supreme Court Upholds Right to Dignified Burial, Denies Exhumation in Terrorist Encounter Case LEGAL ISSUE: Balancing the right to a dignified burial with concerns of public order and security. CASE TYPE: Writ Petition/Civil Appeal Case Name: Mohammad Latief Magrey vs. The Union Territory of Jammu and Kashmir & Ors. Judgment Date: 12 September 2022 Date

Right to Dignified Burial vs. Public Order: Supreme Court Denies Exhumation in Mohammad Latief Magrey vs. Union Territory of Jammu and Kashmir (2022) Read Post »

Supreme Court Reinstates Judge: Eligibility Determined by Application Date in Service Law Matter (12 September 2022)

/ B.R. Gavai, C.T. Ravikumar, Judges, Judicial Appointments, Service Law, Service Law with Reinstatement

Supreme Court Reinstates Judge: Eligibility Determined by Application Date Date of the Judgment: 12 September 2022 Citation: Civil Appeal No. OF 2022 (Arising out of SLP(C) No. 7781 of 2021) Judges: B.R. Gavai, J. and C.T. Ravikumar, J. Can a judicial officer be disqualified from appointment to a higher judicial post if they were eligible

Supreme Court Reinstates Judge: Eligibility Determined by Application Date in Service Law Matter (12 September 2022) Read Post »

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