Author name: G.R. Hari

Supreme Court clarifies appealability of order refusing to condone delay under Section 34 of the Arbitration Act: Chintels India Ltd. vs. Bhayana Builders Pvt. Ltd. (2021) INSC 70 (11 February 2021)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37, Constitutional Law, Constitutional Law with Article 133, Constitutional Law with Article 134A, Judges, K.M. Joseph, Navin Sinha, R.F. Nariman

Supreme Court Clarifies Appealability of Delay Condonation Rejection in Arbitration Cases LEGAL ISSUE: Whether an order refusing to condone delay in filing an application to set aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 is appealable under Section 37 of the same Act. CASE TYPE: Arbitration Case Name: Chintels […]

Supreme Court clarifies appealability of order refusing to condone delay under Section 34 of the Arbitration Act: Chintels India Ltd. vs. Bhayana Builders Pvt. Ltd. (2021) INSC 70 (11 February 2021) Read Post »

Supreme Court Upholds Conviction Under Section 324 IPC, Denies Compounding: Pravat Chandra Mohanty vs. State of Odisha (2021)

/ Ajay Rastogi, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 320, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 324, Judges, Offences Against Human Body

Supreme Court Upholds Conviction Under Section 324 IPC, Denies Compounding: Pravat Chandra Mohanty vs. State of Odisha (2021) LEGAL ISSUE: Whether the offense under Section 324 of the Indian Penal Code (IPC) can be compounded, and whether the conviction under this section was justified. CASE TYPE: Criminal Law Case Name: Pravat Chandra Mohanty vs. The

Supreme Court Upholds Conviction Under Section 324 IPC, Denies Compounding: Pravat Chandra Mohanty vs. State of Odisha (2021) Read Post »

Supreme Court Dismisses Plea for Intervention in Real Estate Project: Upendra Choudhury vs. Bulandshahar Development Authority (2021)

/ Constitutional Law, Constitutional Law with Article 32, Consumer Protection Act, 1986, Dhananjaya Y Chandrachud, Insolvency and Bankruptcy Code, 2016, Judges, Judicial Review, M.R. Shah, Real Estate (Regulation and Development) Act, 2016, Real Estate Law

Supreme Court Dismisses Plea for Intervention in Real Estate Project: Upendra Choudhury vs. Bulandshahar Development Authority (2021) LEGAL ISSUE: Whether the Supreme Court should intervene in a real estate project under Article 32 of the Constitution. CASE TYPE: Real Estate/Constitutional Law Case Name: Upendra Choudhury vs. Bulandshahar Development Authority & Ors [Judgment Date]: 11 February

Supreme Court Dismisses Plea for Intervention in Real Estate Project: Upendra Choudhury vs. Bulandshahar Development Authority (2021) Read Post »

Supreme Court alters conviction from murder to culpable homicide not amounting to murder: Khokan @ Khokhan Vishwas vs. State of Chhattisgarh (2021)

/ Dhananjaya Y Chandrachud, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 300, Indian Penal Code, 1860 with Section 302, Judges, M.R. Shah, Offences Against Human Body

Supreme Court alters conviction from murder to culpable homicide not amounting to murder: Khokan @ Khokhan Vishwas vs. State of Chhattisgarh (2021) LEGAL ISSUE: Whether the accused’s actions constitute murder or culpable homicide not amounting to murder under Section 300 of the Indian Penal Code, 1860. CASE TYPE: Criminal Law Case Name: Khokan @ Khokhan

Supreme Court alters conviction from murder to culpable homicide not amounting to murder: Khokan @ Khokhan Vishwas vs. State of Chhattisgarh (2021) Read Post »

Supreme Court clarifies the rights of persons with disabilities to scribes in the Civil Services Examination: Vikash Kumar vs. Union Public Service Commission & Ors. (2021) INSC 75 (11 February 2021)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16(1), Dhananjaya Y Chandrachud, Indira Banerjee, Judges, Reasonable Accommodation, Rights of Persons with Disabilities Act, 2016, Rights of Persons with Disabilities Act, 2016 with Section 2(s), Rights of Persons with Disabilities Act, 2016 with Section 20, Sanjiv Khanna

Supreme Court Clarifies Rights of Persons with Disabilities to Scribes in Civil Services Exam Date of the Judgment: 11 February 2021 Citation: (2021) INSC 75 Judges: Dr Dhananjaya Y Chandrachud, J, Indira Banerjee, J, Sanjiv Khanna, J Can a person with a disability, not classified as having a “benchmark disability,” be denied a scribe for

Supreme Court clarifies the rights of persons with disabilities to scribes in the Civil Services Examination: Vikash Kumar vs. Union Public Service Commission & Ors. (2021) INSC 75 (11 February 2021) Read Post »

Supreme Court Clarifies “Injury” in Seafarer Disability Claims: Nawal Kishore Sharma vs. Union of India (2021)

/ Dinesh Maheshwari, Disability Law, Hrishikesh Roy, Judges, Labour Law, Maritime Law, National Maritime Board Agreement, Persons with Disabilities Act, 1995, Rights of Persons with Disabilities Act, 2016, Sanjay Kishan Kaul, Service Law

Supreme Court Clarifies “Injury” in Seafarer Disability Claims: Nawal Kishore Sharma vs. Union of India (2021) LEGAL ISSUE: Interpretation of “injury” in maritime employment contracts for disability compensation. CASE TYPE: Labour Law/Service Law. Case Name: Nawal Kishore Sharma vs. Union of India and Ors. [Judgment Date]: 10 February 2021 Introduction Date of the Judgment: 10

Supreme Court Clarifies “Injury” in Seafarer Disability Claims: Nawal Kishore Sharma vs. Union of India (2021) Read Post »

Supreme Court Orders Compensation for Landowners Dispossessed Under Kerala Forest Act: The Conservator and Custodian of Forest & Ors. vs. Sobha John Koshy & Anr. (2021)

/ Ashok Bhushan, Compensation, Judges, Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003, Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 with Section 3, Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 with Section 8, Kerala Private Forest (Vesting and Assignment) Act, 1971, Kerala Private Forest (Vesting and Assignment) Act, 1971 with Section 8, Land Law, M.R. Shah, R. Subhash Reddy

Supreme Court Orders Compensation for Landowners Dispossessed Under Kerala Forest Act: The Conservator and Custodian of Forest & Ors. vs. Sobha John Koshy & Anr. (2021) LEGAL ISSUE: Compensation for land not restored to owners after being declared not vested under the Kerala Private Forest (Vesting and Assignment) Act, 1971. CASE TYPE: Land Law/Forest Law

Supreme Court Orders Compensation for Landowners Dispossessed Under Kerala Forest Act: The Conservator and Custodian of Forest & Ors. vs. Sobha John Koshy & Anr. (2021) Read Post »

Supreme Court Upholds Conviction in Cheque Dishonor Case: Kalamani Tex vs. P. Balasubramanian (2021)

/ Aniruddha Bose, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 378, Constitutional Law, Constitutional Law with Article 136, Judges, N.V. Ramana, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 118, Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 139, Surya Kant

Supreme Court Upholds Conviction in Cheque Dishonor Case: Kalamani Tex vs. P. Balasubramanian (2021) LEGAL ISSUE: Whether the High Court was correct in reversing the trial court’s order of acquittal in a cheque dishonor case, considering the statutory presumptions under the Negotiable Instruments Act, 1881. CASE TYPE: Criminal Appeal (Cheque Dishonor) Case Name: M/s. Kalamani

Supreme Court Upholds Conviction in Cheque Dishonor Case: Kalamani Tex vs. P. Balasubramanian (2021) Read Post »

Supreme Court clarifies the applicability of Section 10A of the Insolvency and Bankruptcy Code in cases of default during COVID-19: Ramesh Kymal vs. Siemens Gamesa (9 February 2021)

/ Corporate Insolvency Resolution Process, Dhananjaya Y Chandrachud, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 10A, Insolvency and Bankruptcy Code, 2016 with Section 9, Judges, MR Shah

Supreme Court clarifies Section 10A of IBC: Ramesh Kymal vs. Siemens Gamesa (2021) LEGAL ISSUE: Whether Section 10A of the Insolvency and Bankruptcy Code, 2016 (IBC) applies to applications filed before the provision came into force, for defaults occurring after March 25, 2020. CASE TYPE: Insolvency Law Case Name: Ramesh Kymal vs. M/s Siemens Gamesa

Supreme Court clarifies the applicability of Section 10A of the Insolvency and Bankruptcy Code in cases of default during COVID-19: Ramesh Kymal vs. Siemens Gamesa (9 February 2021) Read Post »

Supreme Court reduces murder conviction to culpable homicide in land dispute case: Pardeshiram vs. State of M.P. (2021) INSC 49 (09 February 2021)

/ Hemant Gupta, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 300, Indian Penal Code, 1860 with Section 304, Judges, Offences Against Human Body, S. Ravindra Bhat

Supreme Court Reduces Murder Conviction to Culpable Homicide in Land Dispute Case Date of the Judgment: 09 February 2021 Citation: (2021) INSC 49 Judges: Hemant Gupta, J. and S. Ravindra Bhat, J. Can a sudden fight during a heated argument lead to a murder conviction, or should it be considered culpable homicide? The Supreme Court

Supreme Court reduces murder conviction to culpable homicide in land dispute case: Pardeshiram vs. State of M.P. (2021) INSC 49 (09 February 2021) Read Post »

Supreme Court Directs Lowering of NEET Cut-off for BDS Admissions: Harshit Agarwal vs. Union of India (2021)

/ Constitutional Law, Constitutional Law with Article 32, Dental Council of India Regulations, 2007, Dental Council of India Regulations, 2007 with Sub-Regulation (ii), Fundamental Rights, Judges, Krishna Murari, L. Nageswara Rao, Regulation II

Supreme Court Directs Lowering of NEET Cut-off for BDS Admissions: Harshit Agarwal vs. Union of India (2021) LEGAL ISSUE: Whether the Central Government can refuse to lower the minimum qualifying marks for BDS admissions despite a recommendation from the Dental Council of India, when sufficient candidates do not meet the original cut-off. CASE TYPE: Education

Supreme Court Directs Lowering of NEET Cut-off for BDS Admissions: Harshit Agarwal vs. Union of India (2021) Read Post »

Supreme Court Upholds Individual Choice in Marriage: Laxmibai Chandaragi vs. State of Karnataka (2021)

/ Constitutional Law, Constitutional Law with Article 21, Criminal Law, Family Law, Fundamental Rights, Hrishikesh Roy, Individual Autonomy, Judges, Marriage, Police Misconduct, Sanjay Kishan Kaul

Supreme Court Upholds Individual Choice in Marriage: Laxmibai Chandaragi vs. State of Karnataka (2021) LEGAL ISSUE: Whether the consent of family or community is necessary for a valid marriage between two consenting adults. CASE TYPE: Writ Petition (Criminal) pertaining to personal liberty and marriage. Case Name: Laxmibai Chandaragi B & Anr. vs. The State of

Supreme Court Upholds Individual Choice in Marriage: Laxmibai Chandaragi vs. State of Karnataka (2021) Read Post »

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