Supreme Court Upholds Specific Performance of Agreement to Sell: Sughar Singh vs. Hari Singh (2021) LEGAL ISSUE: Whether a suit for specific performance can be dismissed for lack of specific averments of readiness and willingness and whether the discretionary power under Section 20 of the Specific Relief Act, 1963 can be used to deny the […]
Supreme Court overturns contempt order for lack of ‘willful disobedience’ in tax levy case: Dr. U.N. Bora vs. Assam Roller Flour Mills Association (2021) LEGAL ISSUE: Whether a higher official can be held liable for contempt of court for actions of their subordinates, and whether a contempt petition can be used to address disputed questions
Supreme Court Clarifies Applicability of Shops and Establishments Act to Non-Residential Clubs Date of the Judgment: 26 October 2021 Citation: P.B. Nayak & Ors. vs. Managing Director, Bhilai Steel Plant & Ors. (2021) INSC 717 Judges: K.M. Joseph, J. and Pamidighantam Sri Narasimha, J. Can a club that provides food and refreshment services be considered
Supreme Court Transfers Divorce Case: Rashmi Shetty vs. Rohan Shetty (2021) Date of the Judgment: 25 October 2021 Citation: Not Available Judges: Justice B.V. Nagarathna Can a divorce case be transferred to a court that is more convenient for one of the parties? The Supreme Court of India recently addressed this question in a transfer
Supreme Court expands definition of ‘legal representative’ in motor accident claims: N. Jayasree vs. Cholamandalam MS General Insurance Company Ltd. (25 October 2021) LEGAL ISSUE: Whether a mother-in-law can be considered a ‘legal representative’ for the purpose of claiming compensation under the Motor Vehicles Act, 1988. Also, whether a split multiplier should be applied when
Supreme Court Clarifies Attempt to Commit Rape vs. Preparation: State of Madhya Pradesh vs. Mahendra Alias Golu (2021) LEGAL ISSUE: What constitutes an ‘attempt to commit rape’ versus ‘mere preparation’ under the Indian Penal Code? CASE TYPE: Criminal Law Case Name: State of Madhya Pradesh vs. Mahendra Alias Golu Judgment Date: 25 October 2021 Date
Supreme Court Quashes SC/ST Act Case Based on Compromise: Ramawatar vs. State of Madhya Pradesh (2021) LEGAL ISSUE: Can the Supreme Court quash criminal proceedings under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, based on a compromise between the parties? CASE TYPE: Criminal Case Name: Ramawatar vs. State of Madhya Pradesh
Supreme Court Clarifies Limitation for IBC Appeals: Nagarajan vs. SKS Ispat (2021) LEGAL ISSUE: Determining the limitation period for appeals under the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law Case Name: V Nagarajan vs. SKS Ispat and Power Ltd. & Ors. [Judgment Date]: 22 October 2021 Introduction Date of the Judgment: 22
Supreme Court Upholds Land Ownership: Harwansh Kaur vs. SADA (2021) LEGAL ISSUE: Whether the High Court can exercise review jurisdiction to re-examine issues already decided on merits. CASE TYPE: Civil Law – Land Ownership Dispute Case Name: Harwansh Kaur & Anr. vs. Special Area Development Authority (Counter Magnet), Gwalior & Ors. [Judgment Date]: 22 October
Supreme Court Upholds Land Ownership: Harwansh Kaur vs. SADA (2021) Read Post »
Supreme Court Acquits Accused in Kerala Abkari Act Case Due to Lack of Evidence: Jayan vs. State of Kerala (2021) LEGAL ISSUE: Whether the prosecution has sufficiently proven the charges of illegal transportation of spirit under the Kerala Abkari Act. CASE TYPE: Criminal Law Case Name: Jayan vs. State of Kerala [Judgment Date]: 22 October
Supreme Court Upholds Water Tax on Premises: Jalkal Vibhag Nagar Nigam vs. Pradeshiya Industrial and Investment Corporation (2021) LEGAL ISSUE: Whether the levy of water tax by Jal Sansthan is a tax on lands and buildings, and whether the State Legislature has the competence to levy such a tax. CASE TYPE: Civil Law, Taxation Case
Supreme Court Quashes High Court Order on Gas Allocation: Vaibhavi Enterprise vs. Nobel Cera Coat (2021) LEGAL ISSUE: Whether a High Court can allow a writ petitioner to modify its bid in a tender process under Article 226 of the Constitution of India without giving an opportunity to other bidders. CASE TYPE: Contract Law, Writ
