Author name: G.R. Hari

Supreme Court Upholds Dismissal in MSRTC Accident Case: Dilip Uttam Jayabhay vs. Maharashtra State Road Transport Corporation (03 January 2022)

/ B. V. Nagarathna, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 279, Judges, Labour Law, M. R. Shah, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Unfair Labour Practices

Supreme Court Upholds Dismissal in MSRTC Accident Case: Dilip Uttam Jayabhay vs. Maharashtra State Road Transport Corporation LEGAL ISSUE: Whether the Industrial Court was justified in interfering with the order of dismissal of a driver involved in a fatal accident, and whether the punishment of dismissal was disproportionate to the misconduct proved. CASE TYPE: Labour […]

Supreme Court Upholds Dismissal in MSRTC Accident Case: Dilip Uttam Jayabhay vs. Maharashtra State Road Transport Corporation (03 January 2022) Read Post »

Supreme Court Upholds State’s Right to Reassess Taxes Despite Pending Revisions: Andhra Pradesh vs. S. Pitchi Reddy (2022)

/ Andhra Pradesh Value Added Tax Act, 2005, B.V. Nagarathna, Commercial Tax Assessment, Judges, M. R. Shah, Tax Law

Supreme Court Upholds State’s Right to Reassess Taxes Despite Pending Revisions: Andhra Pradesh vs. S. Pitchi Reddy (2022) LEGAL ISSUE: Whether an Assessing Officer can proceed with a fresh assessment after a remand by the Appellate Authority, while a suo moto revision of the remand order is pending before the Commissioner of Commercial Taxes. CASE

Supreme Court Upholds State’s Right to Reassess Taxes Despite Pending Revisions: Andhra Pradesh vs. S. Pitchi Reddy (2022) Read Post »

Supreme Court Upholds State’s Right to Fresh Assessment After Remand: State of Andhra Pradesh vs. S. Pitchi Reddy (2022)

/ Appeals, Assessment, B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 226, Judges, M. R. Shah, Tax Law, Value Added Tax (VAT)

Supreme Court Upholds State’s Right to Fresh Assessment After Remand: State of Andhra Pradesh vs. S. Pitchi Reddy (2022) LEGAL ISSUE: Whether an Assessing Officer can pass a fresh assessment order after a remand by the First Appellate Authority, while a suo moto revision against the remand order is pending before the Commissioner of Commercial

Supreme Court Upholds State’s Right to Fresh Assessment After Remand: State of Andhra Pradesh vs. S. Pitchi Reddy (2022) Read Post »

Supreme Court Upholds SIDBI’s Actions in Bond Payment Dispute: Small Industries Development Bank of India vs. M/S. Sibco Investment Pvt. Ltd. (2022)

/ Companies Act, 1956, Companies Act, 1956 with Section 441(2), Companies Act, 1956 with Section 531, Hrishikesh Roy, Judges, R. Subhash Reddy, Reserve Bank of India Act, 1934, Reserve Bank of India Act, 1934 with Section 45-JA, Reserve Bank of India Act, 1934 with Section 45-MB

Supreme Court Upholds SIDBI’s Actions in Bond Payment Dispute: Small Industries Development Bank of India vs. M/S. Sibco Investment Pvt. Ltd. (2022) LEGAL ISSUE: Whether Small Industries Development Bank of India (SIDBI) was justified in withholding payments on bonds due to regulatory directives and concerns over fraudulent transactions. CASE TYPE: Civil Appellate Jurisdiction Case Name:

Supreme Court Upholds SIDBI’s Actions in Bond Payment Dispute: Small Industries Development Bank of India vs. M/S. Sibco Investment Pvt. Ltd. (2022) Read Post »

Supreme Court Upholds High Court Decision on Arbitration Award Remission: I-Pay vs. ICICI Bank (2022)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration Law, Curable Defects, Hrishikesh Roy, Judges, Patent Illegality, R. Subhash Reddy, Remission of Arbitral Award

Supreme Court Upholds High Court Decision on Arbitration Award Remission: I-Pay vs. ICICI Bank (2022) LEGAL ISSUE: Whether a court can remit an arbitral award to the tribunal under Section 34(4) of the Arbitration and Conciliation Act, 1996, when there is a lack of a finding on a key issue, or only when there are

Supreme Court Upholds High Court Decision on Arbitration Award Remission: I-Pay vs. ICICI Bank (2022) Read Post »

Supreme Court clarifies scope of Section 34(4) of the Arbitration and Conciliation Act, 1996 in I-Pay Clearing Services vs. ICICI Bank (2022)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Hrishikesh Roy, Judges, Patent Illegality in Arbitral Award, R. Subhash Reddy, Remission of Arbitral Award

Supreme Court clarifies scope of Section 34(4) of the Arbitration Act in I-Pay Clearing Services vs. ICICI Bank (2022) LEGAL ISSUE: Scope of court’s power to remit an arbitral award to the tribunal under Section 34(4) of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law Case Name: I-Pay Clearing Services Private Limited vs.

Supreme Court clarifies scope of Section 34(4) of the Arbitration and Conciliation Act, 1996 in I-Pay Clearing Services vs. ICICI Bank (2022) Read Post »

Supreme Court clarifies the scope of representative consumer complaints under Section 35(1)(c) of the Consumer Protection Act, 2019: Brigade Enterprises Ltd. vs. Anil Kumar Virmani & Ors. (17 December 2021)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order I Rule 8, Consumer Protection Act, 2019, Consumer Protection Act, 2019 with Section 35(1)(c), Consumer Rights, Hemant Gupta, Judges, V. Ramasubramanian

Supreme Court Clarifies Representative Consumer Complaints: Brigade Enterprises Ltd. vs. Anil Kumar Virmani & Ors. (2021) LEGAL ISSUE: Whether a consumer complaint can be filed in a representative capacity on behalf of numerous consumers having the same interest, and the criteria for determining “sameness of interest”. CASE TYPE: Consumer Law Case Name: Brigade Enterprises Limited

Supreme Court clarifies the scope of representative consumer complaints under Section 35(1)(c) of the Consumer Protection Act, 2019: Brigade Enterprises Ltd. vs. Anil Kumar Virmani & Ors. (17 December 2021) Read Post »

Supreme Court Upholds Gujarat Water Board’s Decision on Daily Wage Pay Scales: Rajesh Pravinchandra Rajyaguru vs. Gujarat Water Supply & Sewerage Board (2021)

/ Constitutional Law, Constitutional Law with Article 14, Dhananjaya Y Chandrachud, Fundamental Rights, Judges, M. R. Shah, Pay Scales, Service Law, Service Law with Government Resolutions

Supreme Court Upholds Gujarat Water Board’s Decision on Daily Wage Pay Scales LEGAL ISSUE: Whether daily wage employees of the Gujarat Water Supply & Sewerage Board are entitled to pay scale benefits under government resolutions not specifically adopted by the Board. CASE TYPE: Service Law Case Name: Rajesh Pravinchandra Rajyaguru vs. Gujarat Water Supply &

Supreme Court Upholds Gujarat Water Board’s Decision on Daily Wage Pay Scales: Rajesh Pravinchandra Rajyaguru vs. Gujarat Water Supply & Sewerage Board (2021) Read Post »

Supreme Court Upholds Commercial Wisdom of CoC in Insolvency Case: Ngaitlang Dhar vs. Panna Pragati Infrastructure (2021)

/ B.R. Gavai, Corporate Insolvency Resolution Process (CIRP), Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 61(3), Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, L. Nageswara Rao

Supreme Court Upholds Commercial Wisdom of CoC in Insolvency Case: Ngaitlang Dhar vs. Panna Pragati Infrastructure (2021) LEGAL ISSUE: Whether the National Company Law Appellate Tribunal (NCLAT) was right in interfering with the decision of the Committee of Creditors (CoC) regarding the approval of a resolution plan. CASE TYPE: Insolvency Law Case Name: Ngaitlang Dhar

Supreme Court Upholds Commercial Wisdom of CoC in Insolvency Case: Ngaitlang Dhar vs. Panna Pragati Infrastructure (2021) Read Post »

Mental Disability and Workplace Discrimination: Supreme Court Protects Rights of Employees in Disciplinary Proceedings (17 December 2021)

/ Dhananjaya Y Chandrachud, General Clauses Act, 1897, General Clauses Act, 1897 with Section 6, Judges, Mental Healthcare Act 2017, Non-discrimination in employment, Persons with Disabilities Act, 1995, Persons with Disabilities Act, 1995 with Section 47, Reasonable Accommodation, Rights of Persons with Disabilities Act, 2016, Rights of Persons with Disabilities Act, 2016 with Section 20, Surya Kant, Vikram Nath

Supreme Court Protects Rights of Employees with Mental Disabilities in Disciplinary Proceedings LEGAL ISSUE: Whether disciplinary proceedings initiated against an employee with a mental disability constitute workplace discrimination under the Rights of Persons with Disabilities Act 2016. CASE TYPE: Service Law, Disability Rights Case Name: Ravinder Kumar Dhariwal & Anr. vs. The Union of India

Mental Disability and Workplace Discrimination: Supreme Court Protects Rights of Employees in Disciplinary Proceedings (17 December 2021) Read Post »

Supreme Court reduces sentence in culpable homicide case arising from property dispute: Govindan vs. State (2021)

/ Culpable Homicide, Hrishikesh Roy, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 304, Judges, R. Subhash Reddy

Supreme Court Reduces Sentence in Culpable Homicide Case: Govindan vs. State (2021) Date of the Judgment: December 17, 2021 Citation: 2021 INSC 735 Judges: R. Subhash Reddy, J., Hrishikesh Roy, J. Can a sentence for culpable homicide be reduced when the act occurred during a sudden quarrel and in the exercise of the right to

Supreme Court reduces sentence in culpable homicide case arising from property dispute: Govindan vs. State (2021) Read Post »

Supreme Court Clarifies Rules for Preference-Based Selection in Public Service Exams: Madhya Pradesh Public Service Commission vs. Manish Bakawale (2021)

/ A.S. Bopanna, Dhananjaya Y Chandrachud, Judges, Madhya Pradesh State Civil Services Rules, 2015, Madhya Pradesh State Civil Services Rules, 2015 with Rule 4(3)(c)(2), Public Service Commission, Recruitment Rules, Service Law

Supreme Court Clarifies Rules for Preference-Based Selection in Public Service Exams: Madhya Pradesh Public Service Commission vs. Manish Bakawale (2021) LEGAL ISSUE: Interpretation of rules regarding preference-based selection in public service examinations when a candidate is found ineligible for a higher preferred post. CASE TYPE: Service Law Case Name: Madhya Pradesh Public Service Commission vs.

Supreme Court Clarifies Rules for Preference-Based Selection in Public Service Exams: Madhya Pradesh Public Service Commission vs. Manish Bakawale (2021) Read Post »

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