Supreme Court Clarifies Moratorium Under IBC: Indian Overseas Bank vs. RCM Infrastructure Ltd. (2022) LEGAL ISSUE: The core legal issue is whether a sale of assets under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) is complete upon confirmation of sale or upon full payment and issuance […]
Supreme Court Clarifies Jurisdictional Seat of Arbitration: BBR (India) vs. S.P. Singla Constructions (2022) LEGAL ISSUE: Determination of the jurisdictional seat of arbitration when a new arbitrator is appointed and conducts proceedings at a different location. CASE TYPE: Arbitration Law Case Name: BBR (India) Private Limited vs. S.P. Singla Constructions Private Limited [Judgment Date]: 18
Supreme Court on Higher Pay Scale for Municipal Employees: Rushibhai Pathak vs. Bhavnagar Municipal Corporation (2022) LEGAL ISSUE: Whether municipal employees are entitled to the higher pay scale of the next promotional post under the Scheme, and the extent to which arrears can be claimed. CASE TYPE: Service Law Case Name: Rushibhai Jagdishchandra Pathak vs.
Supreme Court Upholds National Green Tribunal’s Validity and Jurisdiction Date of the Judgment: May 18, 2022 Citation: (2022) INSC 488 Judges: K.M. Joseph, J., Hrishikesh Roy, J. (authored the judgment) Can the National Green Tribunal (NGT) Act, 2010, bypass the High Court’s powers under the Constitution? The Supreme Court recently addressed this crucial question regarding
Supreme Court Reconstitutes Committee of Administrators for All India Football Federation Date of the Judgment: 18 May 2022 Citation: (2022) INSC 507 Judges: Dr Dhananjaya Y Chandrachud, Surya Kant, Pamidighantam Sri Narasimha, JJ. Can a court intervene to ensure the proper governance of a national sports federation? The Supreme Court of India recently addressed this
Supreme Court Upholds Widow’s Right to Property Under Section 14(1) of Hindu Succession Act: Munni Devi vs. Rajendra (2022) LEGAL ISSUE: Whether a Hindu widow’s pre-existing right to maintenance, coupled with settled possession of property, ripens into full ownership under Section 14(1) of the Hindu Succession Act, 1956. CASE TYPE: Civil Law – Property Rights
Supreme Court finds Doctor Negligent in Post-Surgery Complications Case: Harnek Singh & Ors. vs. Gurmit Singh & Ors. (2022) LEGAL ISSUE: Medical Negligence and Deficiency of Service by a Doctor CASE TYPE: Consumer Protection/Medical Negligence Case Name: Harnek Singh & Ors. vs. Gurmit Singh & Ors. [Judgment Date]: May 18, 2022 Introduction Date of the
Supreme Court Upholds Bona Fide Purchaser Rights, Dismisses Suit Based on Collusive Decree: Rajpal Singh vs. Saroj (2022) INSC 500 LEGAL ISSUE: Whether a suit for cancellation of a sale deed, filed after the limitation period, is maintainable when a prior collusive decree is used as the basis for the claim. Also, whether a bona
Supreme Court Orders Release of Rajiv Gandhi Assassin, A.G. Perarivalan LEGAL ISSUE: Scope of the Governor’s power under Article 161 of the Constitution regarding remission of sentences. CASE TYPE: Criminal Law, Constitutional Law Case Name: A.G. Perarivalan v. State, Through Superintendent of Police CBI/SIT/MMDA, Chennai, Tamil Nadu and Anr. Judgment Date: 18 May 2022 Date
Supreme Court Upholds AFT Order on Promotion Despite Medical Classification: Union of India vs. Brigadier Javed Iqbal (2022) LEGAL ISSUE: Whether an officer’s promotion can be denied based on medical classification despite a recommendation from the Selection Board and approval by higher authorities. CASE TYPE: Service Law (Armed Forces) Case Name: Union of India &
Supreme Court Directs Reconsideration of ITAT Appointments: Advocate Association Bengaluru vs. Anoop Kumar Mendiratta (2022) LEGAL ISSUE: Whether the Appointments Committee of the Cabinet (ACC) can rely on feedback received after the Search-cum-Selection Committee (SCSC) recommendations without referring it back to the SCSC. CASE TYPE: Service Law/Contempt Case Name: Advocate Association Bengaluru vs. Anoop Kumar
NOIDA Not a Financial Creditor Under IBC: Supreme Court Judgment Analysis LEGAL ISSUE: Whether a development authority, specifically NOIDA, qualifies as a financial creditor under the Insolvency and Bankruptcy Code (IBC) based on lease dues. CASE TYPE: Insolvency and Bankruptcy Law Case Name: New Okhla Industrial Development Authority vs. Anand Sonbhadra & Ors. Judgment Date:
