Author name: G.R. Hari

Supreme Court settles the applicability of the Limitation Act, 1963 in cases under the Carriage by Air Act, 1972: M/S Bhagwandas B . Ramchandani vs. British Airways (29 July 2022)

/ Carriage by Air Act, 1972, Carriage by Air Act, 1972 with Rule 30, International Conventions, Judges, K.M. Joseph, Limitation Act, 1963, Limitation Act, 1963 with Section 29(2), Limitation Act, 1963 with Section 3, Pamidighantam Sri Narasimha

Supreme Court Clarifies Limitation in Air Carriage: Bhagwandas B. Ramchandani vs. British Airways (2022) LEGAL ISSUE: Applicability of the Limitation Act, 1963 to the period specified in Rule 30 of the Second Schedule of the Carriage by Air Act, 1972. CASE TYPE: Carriage by Air/Commercial Law Case Name: M/S Bhagwandas B . Ramchandani vs. British […]

Supreme Court settles the applicability of the Limitation Act, 1963 in cases under the Carriage by Air Act, 1972: M/S Bhagwandas B . Ramchandani vs. British Airways (29 July 2022) Read Post »

Tax Deduction at Source (TDS) for Foreign Companies: Supreme Court Addresses Permanent Establishment in National Petroleum Construction Company vs. Deputy Commissioner of Income Tax (2022)

/ Double Taxation Avoidance Agreement, Double Taxation Avoidance Agreement with Article 7, Income Tax Act, 1961, Income Tax Act, 1961 with Section 197, Income Tax Act, 1961 with Section 5(2), Indira Banerjee, J.K. Maheshwari, Judges, Permanent Establishment, Tax Deduction at Source

Supreme Court on TDS for Foreign Companies: National Petroleum Construction Company vs. Deputy Commissioner of Income Tax (2022) LEGAL ISSUE: Whether a foreign company is liable to pay tax on income from work done outside India, and the scope of tax deduction at source (TDS) for such companies. CASE TYPE: Income Tax Law Case Name:

Tax Deduction at Source (TDS) for Foreign Companies: Supreme Court Addresses Permanent Establishment in National Petroleum Construction Company vs. Deputy Commissioner of Income Tax (2022) Read Post »

Supreme Court Clarifies Powers of Delhi School Tribunal on Back Wages in Reinstatement Cases: Sunil Sikri vs. Guru Harkrishan Public School (28 July 2022)

/ Code of Civil Procedure, 1908, Delhi School Education Act, 1973, Delhi School Education Act, 1973 with Section 11, Delhi School Education Act, 1973 with Section 8, Delhi School Education Rules, 1973, Delhi School Education Rules, 1973 with Rule 115, Delhi School Education Rules, 1973 with Rule 121, Judges, K.M. Joseph, Pamidighantam Sri Narasimha

Supreme Court Clarifies Powers of Delhi School Tribunal on Back Wages in Reinstatement Cases Date of the Judgment: 28 July 2022 Citation: 2022 INSC 648 Judges: K.M. Joseph, J., Pamidighantam Sri Narasimha, J. Can a school tribunal order back wages when reinstating an employee, or is this decision solely within the purview of the school’s

Supreme Court Clarifies Powers of Delhi School Tribunal on Back Wages in Reinstatement Cases: Sunil Sikri vs. Guru Harkrishan Public School (28 July 2022) Read Post »

Supreme Court clarifies interest liability on duty for PSU: Steel Authority of India Limited vs. Commissioner of Central Excise, Bolpur (28 July 2022)

/ B.R. Gavai, Central Excise, Central Excise Act, 1944 with Section 11A, Committee of Disputes, Hima Kohli, Interest on Duty, Judges, Supreme Court Judgments, Tax Law

Steel Authority of India Limited vs. Commissioner of Central Excise, Bolpur: Supreme Court on Interest on Duty Date of the Judgment: 28 July 2022 Citation: [Not Available in Source] Judges: B.R. Gavai, J. and Hima Kohli, J. Can a Public Sector Undertaking (PSU) be liable to pay interest on a duty amount when the matter

Supreme Court clarifies interest liability on duty for PSU: Steel Authority of India Limited vs. Commissioner of Central Excise, Bolpur (28 July 2022) Read Post »

Supreme Court Convicts All Accused in Murder Case: Sanjay Puran Bagde vs. State of Maharashtra (28 July 2022)

/ Common Intention, Criminal Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, M.M. Sundresh, Murder, Sanjay Kishan Kaul

Supreme Court Convicts All Accused in Murder Case: Sanjay Puran Bagde vs. State of Maharashtra (2022) Date of the Judgment: 28 July 2022 Citation: (2022) INSC 718 Judges: Sanjay Kishan Kaul, J. and M.M. Sundresh, J. Can individuals be held equally liable for a murder even if they didn’t directly inflict the fatal blow? The

Supreme Court Convicts All Accused in Murder Case: Sanjay Puran Bagde vs. State of Maharashtra (28 July 2022) Read Post »

Surname of a Child: Supreme Court Upholds Mother’s Right in Guardianship Dispute (28 July 2022)

/ Adoption Rights, Dinesh Maheshwari, Guardian and Wards Act, 1890, Guardian and Wards Act, 1890 with Section 10, Hindu Adoption and Maintenance Act, 1956, Hindu Adoption and Maintenance Act, 1956 with Section 12, Hindu Adoption and Maintenance Act, 1956 with Section 9, Hindu Minority and Guardianship Act, 1956, Hindu Minority and Guardianship Act, 1956 with Section 6, Judges, Krishna Murari, Natural Guardian

Surname of a Child: Supreme Court Upholds Mother’s Right in Guardianship Dispute (2022) Date of the Judgment: 28 July 2022 Citation: Not Available Judges: Dinesh Maheshwari, J. and Krishna Murari, J. Can a mother, after the death of her child’s biological father, decide the surname of the child, especially if she remarries? The Supreme Court

Surname of a Child: Supreme Court Upholds Mother’s Right in Guardianship Dispute (28 July 2022) Read Post »

Supreme Court Clarifies Land Acquisition Rules for Karnataka Housing Board: Karnataka Housing Board vs. State of Karnataka (28 July 2022)

/ A.M. Khanwilkar, C.T. Ravikumar, Dinesh Maheshwari, Judges, Karnataka Housing Board Act, 1962, Karnataka Housing Board Act, 1962 with Section 24(2), Karnataka Housing Board Act, 1962 with Section 33(2), Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 4(1), Land Acquisition Act, 1894 with Section 5A, Land Acquisition Act, 1894 with Section 6(1)

Supreme Court Clarifies Land Acquisition Rules for Karnataka Housing Board Introduction Date of the Judgment: 28 July 2022 Citation: Not Available Judges: A.M. Khanwilkar, J., Dinesh Maheshwari, J., C.T. Ravikumar, J. Can the Karnataka Housing Board (KHB) acquire land without a pre-approved housing scheme? The Supreme Court recently addressed this critical question, clarifying the relationship

Supreme Court Clarifies Land Acquisition Rules for Karnataka Housing Board: Karnataka Housing Board vs. State of Karnataka (28 July 2022) Read Post »

Supreme Court Re-examines Land Acquisition Compensation Under Karnataka Slum Act: State of Karnataka vs. B.R. Muralidhar (28 July 2022)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 31C, Constitutional Law with Article 39(b), Fundamental Rights, Judges, Karnataka Slum Areas (Improvement and Clearance) Act, 1973, Karnataka Slum Areas (Improvement and Clearance) Act, 1973 with Section 20, Land Acquisition, Sanjiv Khanna, Slum Improvement

Supreme Court Re-examines Land Acquisition Compensation Under Karnataka Slum Act Date of the Judgment: 28 July 2022 Citation: Civil Appeal No. 1966 of 2013, with Civil Appeal No. … of 2022 (Arising out of S.L.P. (C) No. 18942 of 2013) Judges: A.M. Khanwilkar, J., Sanjiv Khanna, J. Can a state law that dictates compensation for

Supreme Court Re-examines Land Acquisition Compensation Under Karnataka Slum Act: State of Karnataka vs. B.R. Muralidhar (28 July 2022) Read Post »

Supreme Court Defines “Initiated” in Land Acquisition Act: Haryana State Industrial vs. Deepak Aggarwal (28 July 2022)

/ A.M. Khanwilkar, Abhay S. Oka, C.T. Ravikumar, General Clauses Act, 1897, General Clauses Act, 1897 with Section 6, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 4, Land Acquisition Act, 1894 with Section 6, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with Section 114, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with Section 24

Supreme Court Clarifies Land Acquisition Initiation Under 2013 Act LEGAL ISSUE: Interpretation of the term “initiated” in Section 24(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, concerning land acquisition proceedings under the Land Acquisition Act, 1894. CASE TYPE: Land Acquisition Law Case Name: Haryana State Industrial

Supreme Court Defines “Initiated” in Land Acquisition Act: Haryana State Industrial vs. Deepak Aggarwal (28 July 2022) Read Post »

Supreme Court overturns conviction under Prevention of Corruption Act and IPC Section 477A: Shiv Kumar Sharma vs. State of Rajasthan (28 July 2022)

/ B.R. Gavai, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 477A, Judges, Offences Relating to Documents and Property Marks, Pamidighantam Sri Narasimha, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(1)(d)(ii), Prevention of Corruption Act, 1988 with Section 15

Supreme Court overturns conviction under Prevention of Corruption Act and IPC Section 477A: Shiv Kumar Sharma vs. State of Rajasthan (2022) Date of the Judgment: 28 July 2022 Citation: 2022 INSC 618 Judges: B.R. Gavai, J. and Pamidighantam Sri Narasimha, J. Can a public servant be convicted for corruption and falsification of accounts without concrete

Supreme Court overturns conviction under Prevention of Corruption Act and IPC Section 477A: Shiv Kumar Sharma vs. State of Rajasthan (28 July 2022) Read Post »

Supreme Court upholds acquittal in murder case based on weak extra-judicial confession: State of Rajasthan vs. Kistoora Ram (28 July 2022)

/ B.R. Gavai, Evidence Law, Extra-Judicial Confession, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 201, Indian Penal Code, 1860 with Section 302, Judges, Pamidighantam Sri Narasimha

Supreme Court upholds acquittal in murder case based on weak extra-judicial confession: State of Rajasthan vs. Kistoora Ram (2022) LEGAL ISSUE: Whether a conviction can be solely based on an extra-judicial confession without corroborating evidence. CASE TYPE: Criminal Appeal Case Name: State of Rajasthan vs. Kistoora Ram Judgment Date: 28 July 2022 Introduction Date of

Supreme Court upholds acquittal in murder case based on weak extra-judicial confession: State of Rajasthan vs. Kistoora Ram (28 July 2022) Read Post »

Supreme Court Clarifies Thika Tenancy: Nemai Chandra Kumar vs. Mani Square Ltd. (27 July 2022)

/ A.M. Khanwilkar, Calcutta Thika Tenancy Act, 1949, Calcutta Thika Tenancy Act, 1949 with Section 2(5), Dinesh Maheshwari, Judges, Thika Tenant Definition, Vesting of Thika Tenancies, West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001, West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 with Section 2(14)

Supreme Court Clarifies Thika Tenancy: Nemai Chandra Kumar vs. Mani Square Ltd. (2022) LEGAL ISSUE: Interpretation of “thika tenant” and the nature of structures on leased land under West Bengal tenancy laws. CASE TYPE: Property Law/Tenancy Law. Case Name: Nemai Chandra Kumar (D) Thr. Lrs. & Ors. vs. Mani Square Ltd. & Ors. Judgment Date:

Supreme Court Clarifies Thika Tenancy: Nemai Chandra Kumar vs. Mani Square Ltd. (27 July 2022) Read Post »

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