Author name: G.R. Hari

Supreme Court Revises Land Resumption Terms in Noida Hotel Plot Case: Hampshire Hotels and Resorts vs. Ritu Maheshwari (2021)

/ Civil Contempt, Contempt of Court, Contempt of Court with Section 2(b), Contempt of Courts Act, 1971, Indu Malhotra, Judges, Krishna Murari, Land Allotment, Lease Agreements, Noida Authority, Uday Umesh Lalit

Supreme Court Revises Land Resumption Terms in Noida Hotel Plot Case LEGAL ISSUE: Contempt of Court and land resumption terms. CASE TYPE: Contempt Petition arising from a Civil Appeal related to land allotment. Case Name: Hampshire Hotels and Resorts (Noida) Pvt. Ltd. vs. Ritu Maheshwari, Chief Executive Officer, New Okhla Industrial Development Authority (NOIDA). [Judgment […]

Supreme Court Revises Land Resumption Terms in Noida Hotel Plot Case: Hampshire Hotels and Resorts vs. Ritu Maheshwari (2021) Read Post »

Supreme Court clarifies “Proper Officer” for Customs Duty Recovery: Canon India vs. Commissioner of Customs (2021)

/ A.S. Bopanna, Assessment, Customs Act, 1962, Customs Act, 1962 with Section 2(34), Customs Act, 1962 with Section 28, Judges, S.A. Bobde, V. Ramasubramanian

Supreme Court Clarifies “Proper Officer” for Customs Duty Recovery: Canon India vs. Commissioner of Customs (2021) LEGAL ISSUE: Determination of the “proper officer” authorized to issue a notice for recovery of customs duty under Section 28(4) of the Customs Act, 1962. CASE TYPE: Customs Law Case Name: M/s Canon India Private Limited vs. Commissioner of

Supreme Court clarifies “Proper Officer” for Customs Duty Recovery: Canon India vs. Commissioner of Customs (2021) Read Post »

Supreme Court Orders Transfer of Criminal Case Back to Delhi: Swaati Nirkhi vs. State (NCT of Delhi) (9 March 2021)

/ Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 177, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 34, Indian Penal Code, 1860 with Section 389, Indu Malhotra, Judges, Jurisdiction

Supreme Court Orders Transfer of Criminal Case Back to Delhi: Swaati Nirkhi vs. State (NCT of Delhi) (2021) LEGAL ISSUE: The primary legal issue revolves around the appropriate jurisdiction for the trial of a criminal case, specifically concerning where the cause of action arose. CASE TYPE: Criminal Law – Transfer Petition Case Name: Swaati Nirkhi

Supreme Court Orders Transfer of Criminal Case Back to Delhi: Swaati Nirkhi vs. State (NCT of Delhi) (9 March 2021) Read Post »

Supreme Court clarifies the scope of “prima facie” review of arbitration agreements: Pravin Electricals vs. Galaxy Infra (2021)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 8, B.R. Gavai, Hrishikesh Roy, Judges, R.F. Nariman

Supreme Court Clarifies the Scope of Prima Facie Review in Arbitration Agreement Disputes: Pravin Electricals vs. Galaxy Infra (2021) Date of the Judgment: March 8, 2021 Citation: 2021 INSC 125 Judges: R.F. Nariman, J., B.R. Gavai, J., Hrishikesh Roy, J. Can a court conclusively decide the existence of an arbitration agreement based on a preliminary

Supreme Court clarifies the scope of “prima facie” review of arbitration agreements: Pravin Electricals vs. Galaxy Infra (2021) Read Post »

Supreme Court Cancels Bail in NDPS Act Case: Union of India vs. Prateek Shukla (2021)

/ Bail, Controlled Substances, Criminal Law, Dhananjaya Y Chandrachud, Drug Trafficking, Judges, M R Shah, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 37, Offences related to Drugs

Supreme Court Cancels Bail in NDPS Act Case: Union of India vs. Prateek Shukla (2021) LEGAL ISSUE: Whether the High Court correctly granted bail to an accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). CASE TYPE: Criminal Law – NDPS Act Case Name: Union of India vs. Prateek Shukla [Judgment Date]:

Supreme Court Cancels Bail in NDPS Act Case: Union of India vs. Prateek Shukla (2021) Read Post »

Supreme Court extends limitation period due to COVID-19: In Re Cognizance for Extension of Limitation (2021)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 23(4), Arbitration and Conciliation Act, 1996 with Section 29A, Commercial Courts Act, 2015, Commercial Courts Act, 2015 with Section 12A, Judges, L. Nageswara Rao, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, S. A. Bobde, S. Ravindra Bhat

Supreme Court extends limitation period due to COVID-19: In Re Cognizance for Extension of Limitation (2021) LEGAL ISSUE: Extension of limitation period due to COVID-19 pandemic. CASE TYPE: Suo Motu Writ Petition (Civil). Case Name: In Re: Cognizance for Extension of Limitation. Judgment Date: March 8, 2021 Date of the Judgment: March 8, 2021 Citation:

Supreme Court extends limitation period due to COVID-19: In Re Cognizance for Extension of Limitation (2021) Read Post »

Supreme Court Upholds Conviction in Dowry Death Case: Nagabhushan vs. State of Karnataka (2021)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 378, Dhananjaya Y. Chandrachud, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 498A, Judges, M.R. Shah, Offences Against Human Body

Supreme Court Upholds Conviction in Dowry Death Case: Nagabhushan vs. State of Karnataka (2021) LEGAL ISSUE: Admissibility and reliability of dying declarations in dowry death cases. CASE TYPE: Criminal Law (Dowry Death) Case Name: Nagabhushan vs. The State of Karnataka [Judgment Date]: March 8, 2021 Date of the Judgment: March 8, 2021 Citation: (2021) INSC

Supreme Court Upholds Conviction in Dowry Death Case: Nagabhushan vs. State of Karnataka (2021) Read Post »

Supreme Court Upholds NCLT Jurisdiction in Contractual Disputes Arising from Insolvency: Gujarat Urja Vikas Nigam Limited vs. Amit Gupta & Ors. (2021) INSC 123

/ Alteration of Contracts, Corporate Insolvency Resolution Process, Dhananjaya Y Chandrachud, Electricity Act, 2003, Electricity Act, 2003 with Section 86, Formation of Contracts, Indian Contract Act, 1872, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 14, Insolvency and Bankruptcy Code, 2016 with Section 60(5), Judges, M. R. Shah, Novation of Contracts, Tariff Regulation

Supreme Court Upholds NCLT Jurisdiction in Contractual Disputes Arising from Insolvency: Gujarat Urja Vikas Nigam Limited vs. Amit Gupta & Ors. (2021) INSC 123 LEGAL ISSUE: Whether the National Company Law Tribunal (NCLT) has jurisdiction over contractual disputes arising from insolvency proceedings and the validity of ipso facto clauses in Power Purchase Agreements (PPAs). CASE

Supreme Court Upholds NCLT Jurisdiction in Contractual Disputes Arising from Insolvency: Gujarat Urja Vikas Nigam Limited vs. Amit Gupta & Ors. (2021) INSC 123 Read Post »

Supreme Court clarifies liability under Section 138 of the Negotiable Instruments Act for individuals in cheque bounce cases (8 March 2021)

/ Cheque Dishonour, Criminal Law, Dhananjaya Y. Chandrachud, Judges, M. R. Shah, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 141

Supreme Court Clarifies Liability Under Section 138 of Negotiable Instruments Act for Individuals Date of the Judgment: 8 March 2021 Citation: 2021 INSC 145 Judges: Dr. Dhananjaya Y. Chandrachud, J. and M. R. Shah, J. Can a person be held liable under Section 138 of the Negotiable Instruments Act, 1881 if a cheque issued by

Supreme Court clarifies liability under Section 138 of the Negotiable Instruments Act for individuals in cheque bounce cases (8 March 2021) Read Post »

Supreme Court Cancels Bail Granted on Parity: Girraj vs. Kiranpal (2021)

/ Code of Criminal Procedure, Code of Criminal Procedure with Section 439, 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 Granted on Parity: Girraj vs. Kiranpal (2021) LEGAL ISSUE: Whether bail granted to accused persons based on parity with a co-accused should be cancelled if the co-accused’s bail is subsequently cancelled. CASE TYPE: Criminal Law Case Name: Girraj vs. Kiranpal and Anr Etc. Judgment Date: 8 March 2021 Introduction Date of

Supreme Court Cancels Bail Granted on Parity: Girraj vs. Kiranpal (2021) Read Post »

Supreme Court Modifies Compensation in Housing Delay Case: NBCC vs. Shri Ram Trivedi (2021)

/ Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(1)(o), Consumer Protection Act, 1986 with Section 2(1)(r), Contract Law, Dhananjaya Y Chandrachud, Judges, M R Shah, Standard Form Contracts, Unfair Trade Practices

Supreme Court Modifies Compensation in Housing Delay Case: NBCC vs. Shri Ram Trivedi (2021) LEGAL ISSUE: Whether a builder’s commitment to “endeavour” to complete construction within a specific timeframe constitutes a binding obligation, and what is the appropriate compensation for delays in handing over possession of a dwelling unit. CASE TYPE: Consumer Case Name: NBCC

Supreme Court Modifies Compensation in Housing Delay Case: NBCC vs. Shri Ram Trivedi (2021) Read Post »

Supreme Court settles the method of filling backlog vacancies in direct recruitment for reserved categories: The State of Tamil Nadu & Ors. vs. K. Shobana Etc. Etc. (05 March 2021)

/ Backlog Vacancies, Constitutional Law, Constitutional Law with Article 16(4B), Dinesh Maheshwari, Direct Recruitment, Hrishikesh Roy, Judges, Reservation Policy, Sanjay Kishan Kaul, Service Law, Tamil Nadu Government Servants (Conditions of Service) Act, 2016, Tamil Nadu Government Servants (Conditions of Service) Act, 2016 with Section 27(f)

Supreme Court Clarifies Reservation Policy for Direct Recruitment in Tamil Nadu Date of the Judgment: 05 March 2021 Citation: Civil Appeal Nos. 3745-3754 of 2020 Judges: Sanjay Kishan Kaul, J., Dinesh Maheshwari, J., Hrishikesh Roy, J. How should backlog vacancies for reserved categories be filled in direct recruitment? The Supreme Court of India recently addressed

Supreme Court settles the method of filling backlog vacancies in direct recruitment for reserved categories: The State of Tamil Nadu & Ors. vs. K. Shobana Etc. Etc. (05 March 2021) Read Post »

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