Author name: G.R. Hari

Supreme Court clarifies maintainability of suit for injunction without declaration of title: Kayalulla Parambath Moidu Haji vs. Namboodiyil Vinodan (2021)

/ B.R. Gavai, Civil Law, Injunctions, Judges, L. Nageswara Rao, Property Law, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 38, Title Disputes

Supreme Court on Suit for Injunction Without Declaration of Title: Kayalulla Parambath Moidu Haji vs. Namboodiyil Vinodan (2021) LEGAL ISSUE: Whether a suit for permanent injunction can be maintained without seeking a declaration of title. CASE TYPE: Civil Law – Property Dispute Case Name: Kayalulla Parambath Moidu Haji vs. Namboodiyil Vinodan [Judgment Date]: September 7, […]

Supreme Court clarifies maintainability of suit for injunction without declaration of title: Kayalulla Parambath Moidu Haji vs. Namboodiyil Vinodan (2021) Read Post »

Supreme Court Cancels Bail of Convicted Murder Accused: Shakuntala Shukla vs. State of Uttar Pradesh (2021)

/ Code of Criminal Procedure, Code of Criminal Procedure with Section 389, Dhananjaya Y. Chandrachud, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, M.R. Shah, Offences Against Human Body

Supreme Court Cancels Bail of Convicted Murder Accused: Shakuntala Shukla vs. State of Uttar Pradesh (2021) LEGAL ISSUE: Whether the High Court was justified in granting bail to accused persons convicted of murder pending their appeals. CASE TYPE: Criminal Case Name: Shakuntala Shukla vs. State of Uttar Pradesh and Another [Judgment Date]: September 7, 2021

Supreme Court Cancels Bail of Convicted Murder Accused: Shakuntala Shukla vs. State of Uttar Pradesh (2021) Read Post »

Supreme Court clarifies consumer status in property conversion cases: Estate Officer vs. Charanjit Kaur (2021)

/ A.S. Bopanna, Chandigarh Lease Hold of Sites and Building Rules, 1973, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(1)(d), Consumer Protection Act, 1986 with Section 2(1)(o), Freehold Property, Hemant Gupta, Judges, Leasehold Property, Property Law

Supreme Court clarifies consumer status in property conversion cases: Estate Officer vs. Charanjit Kaur (2021) LEGAL ISSUE: Whether an allottee seeking conversion of leasehold property to freehold is a ‘consumer’ under the Consumer Protection Act, 1986. CASE TYPE: Consumer Law, Property Law Case Name: Estate Officer and Anr. vs. Charanjit Kaur [Judgment Date]: 7 September

Supreme Court clarifies consumer status in property conversion cases: Estate Officer vs. Charanjit Kaur (2021) Read Post »

Supreme Court Upholds Trial Court Decision in Property Dispute: Rakesh Bhushan Prasad vs. Radha Devi (2021)

/ A.M. Khanwilkar, Bihar Tenancy Act, 1885, Bihar Tenancy Act, 1885 with Section 103A, Judges, Mutation of Property, Partition of Property, Property Disputes, Property Law, Sanjiv Khanna

Supreme Court Upholds Trial Court Decision in Property Dispute: Rakesh Bhushan Prasad vs. Radha Devi (2021) LEGAL ISSUE: Determination of title in a property dispute based on historical partitions and mutation records. CASE TYPE: Civil Property Dispute Case Name: Rakesh Bhushan Prasad Alias Rakesh Prasad And Others vs. Radha Devi (D) By Lrs. And Others

Supreme Court Upholds Trial Court Decision in Property Dispute: Rakesh Bhushan Prasad vs. Radha Devi (2021) Read Post »

Supreme Court overturns medical negligence ruling in Dr. Harish Kumar Khurana vs. Joginder Singh & Ors. (2021)

/ A.S. Bopanna, Consumer Disputes, Consumer Protection, Consumer Protection with Compensation, Hemant Gupta, Judges, Medical Negligence, Res Ipsa Loquitur, Standard of Care

Supreme Court overturns medical negligence ruling in Dr. Harish Kumar Khurana vs. Joginder Singh & Ors. (2021) LEGAL ISSUE: Whether the death of a patient during a medical procedure automatically implies medical negligence on the part of the doctors and hospital. CASE TYPE: Medical Negligence, Consumer Case Name: Dr. Harish Kumar Khurana vs. Joginder Singh

Supreme Court overturns medical negligence ruling in Dr. Harish Kumar Khurana vs. Joginder Singh & Ors. (2021) Read Post »

Disciplinary Proceedings Allowed: Supreme Court Overturns High Court in Gunda Squad Case (2021)

/ All India Services (Conduct) Rules, 1968, All India Services (Conduct) Rules, 1968 with Rule 3, All India Services (Discipline and Appeal) Rules 1969, All India Services (Discipline and Appeal) Rules 1969 with Rule 10, Dhananjaya Y Chandrachud, Disciplinary Proceedings, Hima Kohli, Judges, Service Law, Vikram Nath

Supreme Court Allows Disciplinary Proceedings Against SP for Gunda Squad: State of Madhya Pradesh vs. Akhilesh Jha (2021) LEGAL ISSUE: Whether a disciplinary inquiry against a government official can be quashed due to delay and alleged vagueness of charges. CASE TYPE: Service Law, Disciplinary Proceedings Case Name: State of Madhya Pradesh & Anr vs. Akhilesh

Disciplinary Proceedings Allowed: Supreme Court Overturns High Court in Gunda Squad Case (2021) Read Post »

Supreme Court Upholds Royalty Charges for Captive Power Producers Utilizing Controlled Water Releases: Indsil & CUMI vs. State of Kerala (2021)

/ Captive Power Plants, Contract Act, Contract Act with Unequal Bargaining Power, Contractual Obligations, Energy Law, Independent Power Producers, Judges, Uday Umesh Lalit, Vineet Saran

Supreme Court Upholds Royalty Charges for Captive Power Producers Utilizing Controlled Water Releases: Indsil & CUMI vs. State of Kerala (2021) LEGAL ISSUE: Whether Captive Power Producers (CPPs) are liable to pay royalty and charges for using controlled water releases for power generation. CASE TYPE: Contract Law, Energy Law. Case Name: M/s. Indsil Hydro Power

Supreme Court Upholds Royalty Charges for Captive Power Producers Utilizing Controlled Water Releases: Indsil & CUMI vs. State of Kerala (2021) Read Post »

Supreme Court overturns High Court order on road construction payment: Union of India vs. M/S Puna Hinda (2021)

/ A.S. Bopanna, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 80, Contract Act, Contract Act with Arbitration, Hemant Gupta, Judges, Public Works Contracts

Supreme Court overturns High Court order on road construction payment: Union of India vs. M/S Puna Hinda (2021) LEGAL ISSUE: Whether a writ petition is maintainable for disputed contractual matters, particularly concerning payment disputes in a construction contract. CASE TYPE: Contract Law, Public Works Case Name: Union of India & Ors. vs. M/S Puna Hinda

Supreme Court overturns High Court order on road construction payment: Union of India vs. M/S Puna Hinda (2021) Read Post »

Supreme Court settles Qualification Criteria for Cooperative Bank Clerk Posts: Kerala Public Service Commission vs. K.N. Radhamani (2021)

/ Aniruddha Bose, Educational Qualifications, In-Service Candidates, Judges, Kerala Co-operative Societies Act, 1969, Kerala Co-operative Societies Act, 1969 with Section 109, Kerala Co-operative Societies Act, 1969 with Section 80, Kerala Co-operative Societies Rules, 1969 with Rule 186, L. Nageswara Rao, Service Law

Supreme Court Settles Qualification Criteria for Cooperative Bank Clerk Posts: Kerala Public Service Commission vs. K.N. Radhamani (2021) LEGAL ISSUE: Whether in-service candidates applying for the post of clerk/cashier in cooperative banks need a bachelor’s degree or if a Secondary School Leaving Certificate (SSLC) is sufficient. CASE TYPE: Service Law Case Name: Kerala Public Service

Supreme Court settles Qualification Criteria for Cooperative Bank Clerk Posts: Kerala Public Service Commission vs. K.N. Radhamani (2021) Read Post »

Supreme Court clarifies adjustment of departmental management fees in liquor license cancellation cases: Assistant Excise Commissioner vs. Esthappan Cherian (2021) INSC 528 (06 September 2021)

/ Administrative Law, Administrative Law with Rule 13 of the Abkari Shops Departmental Management Rules, 1972, Amnesty Schemes, Contract Law, Delegated Legislation, Judges, L. Nageswara Rao, Retrospective Application of Law, S. Ravindra Bhat

Supreme Court Clarifies Adjustment of Departmental Management Fees in Liquor License Cancellation Cases Date of the Judgment: 06 September 2021 Citation: (2021) INSC 528 Judges: L. Nageswara Rao, J., S. Ravindra Bhat, J. Can a state government forfeit the departmental management fees collected after cancelling a liquor license, while also recovering dues from the original

Supreme Court clarifies adjustment of departmental management fees in liquor license cancellation cases: Assistant Excise Commissioner vs. Esthappan Cherian (2021) INSC 528 (06 September 2021) Read Post »

Supreme Court Clarifies Rights of Pujaris in Temple Land Management: State of Madhya Pradesh vs. Pujari Utthan Avam Kalyan Samiti (2021)

/ A.S. Bopanna, Hemant Gupta, Judges, Madhya Pradesh Land Revenue Code, 1959, Madhya Pradesh Land Revenue Code, 1959 with Section 158, Madhya Pradesh Land Revenue Code, 1959 with Section 258, Madhya Pradesh Land Revenue Code, 1959 with Section 57

Supreme Court Clarifies Rights of Pujaris in Temple Land Management: State of Madhya Pradesh vs. Pujari Utthan Avam Kalyan Samiti (2021) LEGAL ISSUE: Whether a priest (Pujari) can be considered the owner (Bhumiswami) of temple land or merely a manager. CASE TYPE: Land Revenue Law Case Name: The State of Madhya Pradesh & Ors. vs.

Supreme Court Clarifies Rights of Pujaris in Temple Land Management: State of Madhya Pradesh vs. Pujari Utthan Avam Kalyan Samiti (2021) Read Post »

Supreme Court clarifies the scope of alternate remedy under GST Act: Assistant Commissioner of State Tax vs. M/s Commercial Steel Limited (2021) INSC 615

/ Constitutional Law, Constitutional Law with Article 226, Dhananjaya Y Chandrachud, Goods and Services Tax Act, 2017, Goods and Services Tax Act, 2017 with Section 107, GST Appeals, Hima Kohli, Judges, Tax Law, Vikram Nath, Writ Jurisdiction

Supreme Court clarifies the scope of alternate remedy under GST Act: Assistant Commissioner of State Tax vs. M/s Commercial Steel Limited (2021) INSC 615 Date of the Judgment: September 3, 2021 Citation: (2021) INSC 615 Judges: Dr Dhananjaya Y Chandrachud, Vikram Nath, Hima Kohli Can a High Court entertain a writ petition when there is

Supreme Court clarifies the scope of alternate remedy under GST Act: Assistant Commissioner of State Tax vs. M/s Commercial Steel Limited (2021) INSC 615 Read Post »

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