Author name: G.R. Hari

Supreme Court Upholds Revocation of Essentiality Certificate for Medical College: Sukh Sagar Medical College vs. State of Madhya Pradesh (2020)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 47, Dinesh Maheshwari, General Clauses Act, 1897, General Clauses Act, 1897 with Section 21, Judges, Medical College Regulations, Medical Council of India Act, 1956, Medical Council of India Act, 1956 with Section 10A, Sanjiv Khanna

Supreme Court Upholds Revocation of Essentiality Certificate for Medical College LEGAL ISSUE: Whether a State Government can revoke an Essentiality Certificate granted for establishing a medical college. CASE TYPE: Education Law Case Name: Sukh Sagar Medical College & Hospital vs. State of Madhya Pradesh & Ors. Judgment Date: 31 July 2020 Date of the Judgment: […]

Supreme Court Upholds Revocation of Essentiality Certificate for Medical College: Sukh Sagar Medical College vs. State of Madhya Pradesh (2020) Read Post »

Supreme Court overturns conviction in food adulteration case: Prem Chand vs. State of Haryana (2020)

/ Judges, Krishna Murari, N. V. Ramana, Prevention of Food Adulteration Act, 1954, Prevention of Food Adulteration Act, 1954 with Section 16(1)(a)(ii), Prevention of Food Adulteration Act, 1954 with Section 16(1A), Prevention of Food Adulteration Act, 1954 with Section 2(1a)(f), Surya Kant

Supreme Court overturns conviction in food adulteration case: Prem Chand vs. State of Haryana (2020) LEGAL ISSUE: Whether the presence of insects in food items automatically constitutes adulteration under the Prevention of Food Adulteration Act, 1954. CASE TYPE: Criminal. Case Name: Prem Chand vs. State of Haryana. Judgment Date: July 30, 2020 Introduction Date of

Supreme Court overturns conviction in food adulteration case: Prem Chand vs. State of Haryana (2020) Read Post »

Supreme Court Upholds Cashiering for Misconduct, Clarifies Pension Forfeiture: Union of India vs. Lt. Col. S.S. Bedi (2020)

/ Army Act, 1950, Army Act, 1950 with Section 164, Army Act, 1950 with Section 71, Hemant Gupta, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 354, Judges, L. Nageswara Rao, S. Ravindra Bhat

Supreme Court Upholds Cashiering for Misconduct, Clarifies Pension Forfeiture: Union of India vs. Lt. Col. S.S. Bedi (2020) LEGAL ISSUE: Whether the punishment of cashiering from service automatically leads to forfeiture of pensionary benefits and whether the Armed Forces Tribunal was correct in altering the punishment of cashiering to a fine. CASE TYPE: Service Law/Armed

Supreme Court Upholds Cashiering for Misconduct, Clarifies Pension Forfeiture: Union of India vs. Lt. Col. S.S. Bedi (2020) Read Post »

Supreme Court Upholds Disallowance of Payments for Failure to Deduct TDS in Transportation Contracts (29 July 2020)

/ A.M. Khanwilkar, Dinesh Maheshwari, Income Tax Act, 1961, Income Tax Act, 1961 with Section 194C, Income Tax Act, 1961 with Section 40(a)(ia), Judges

Supreme Court Upholds Disallowance of Payments for Failure to Deduct TDS in Transportation Contracts (29 July 2020) LEGAL ISSUE: Whether payments made to truck operators/owners without deducting Tax Deducted at Source (TDS) can be disallowed as business expenditure under Section 40(a)(ia) of the Income Tax Act, 1961. CASE TYPE: Income Tax Law, specifically relating to

Supreme Court Upholds Disallowance of Payments for Failure to Deduct TDS in Transportation Contracts (29 July 2020) Read Post »

Supreme Court Upholds Reservation for Hindu Nadar Community in Kerala: Aswathy R.S. Karthika vs. Archana M. (2020)

/ Constitutional Law, Constitutional Law with Article 16, Hemant Gupta, Judges, Kerala State and Subordinate Service Rules, 1958, L. Nageswara Rao, Reservation Policy, S. Ravindra Bhat, Service Law, Service Law with Rule 15(a)

Supreme Court Upholds Reservation for Hindu Nadar Community in Kerala: Aswathy R.S. Karthika vs. Archana M. (2020) LEGAL ISSUE: Whether the shortfall in reservation for the Hindu Nadar community in Kerala should be filled from the subsequent rank list. CASE TYPE: Service Law Case Name: Dr. Aswathy R.S. Karthika & Ors. vs. Dr. Archana M.

Supreme Court Upholds Reservation for Hindu Nadar Community in Kerala: Aswathy R.S. Karthika vs. Archana M. (2020) Read Post »

Supreme Court quashes penalty against part-time director under FERA: Shailendra Swarup vs. Enforcement Directorate (27 July 2020)

/ Ashok Bhushan, Companies Act, Companies Act with Section 291, Foreign Exchange Regulation Act, 1973, Foreign Exchange Regulation Act, 1973 with Section 68, Foreign Exchange Regulation Act, 1973 with Section 8, Judges, Offences by Companies, R. Subhash Reddy

Supreme Court quashes penalty against part-time director under FERA: Shailendra Swarup vs. Enforcement Directorate (2020) LEGAL ISSUE: Whether a part-time, non-executive director can be penalized for a company’s FERA violations without proof of their involvement in the company’s daily operations. CASE TYPE: Criminal Appeal (Foreign Exchange Regulation Act) Case Name: Shailendra Swarup vs. The Deputy

Supreme Court quashes penalty against part-time director under FERA: Shailendra Swarup vs. Enforcement Directorate (27 July 2020) Read Post »

Supreme Court Upholds Requirement of SSLC for Junior Bailiff Post: R. Palanisamy vs. The Registrar General, High Court of Madras (24 July 2020)

/ A. S. Bopanna, Constitutional Law, Constitutional Law with Article 309, Educational Qualification, Judges, Promotion, S. A. Bobde, Service Law, Service Law with Tamil Nadu Government Servants (Conditions of Service) Act, 2016, V. Ramasubramanian

Supreme Court Upholds Requirement of SSLC for Junior Bailiff Post: R. Palanisamy vs. The Registrar General, High Court of Madras (2020) LEGAL ISSUE: Whether a pass in SSLC (Secondary School Leaving Certificate) is a mandatory educational qualification for promotion to the post of Junior Bailiff. CASE TYPE: Service Law Case Name: R. Palanisamy & Ors.

Supreme Court Upholds Requirement of SSLC for Junior Bailiff Post: R. Palanisamy vs. The Registrar General, High Court of Madras (24 July 2020) Read Post »

Supreme Court Transfers Haryana Reservation Case to Itself: Sunil Rathee vs. State of Haryana (2020)

/ Aniruddha Bose, Constitutional Law, Constitutional Law with Article 139A, Fundamental Rights, Judges, Reservation Policy, Service Law

Supreme Court Transfers Haryana Reservation Case to Itself: Sunil Rathee vs. State of Haryana (2020) LEGAL ISSUE: Whether a case involving a challenge to a state notification providing reservation for economically backward persons should be transferred to the Supreme Court when a similar issue is pending before it in another case. CASE TYPE: Service Law,

Supreme Court Transfers Haryana Reservation Case to Itself: Sunil Rathee vs. State of Haryana (2020) Read Post »

Supreme Court clarifies Consumer Protection Act applicability to hospitals providing free services: Union of India vs. N K Srivastava (2020)

/ Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(1)(o), Dhananjaya Y Chandrachud, Indu Malhotra, Judges, K M Joseph, Medical Negligence

Supreme Court clarifies Consumer Protection Act applicability to hospitals providing free services: Union of India vs. N K Srivastava (2020) LEGAL ISSUE: Whether hospitals providing some free services fall under the purview of the Consumer Protection Act, 1986. CASE TYPE: Consumer Law Case Name: Union of India & Anr vs. N K Srivasta & Ors

Supreme Court clarifies Consumer Protection Act applicability to hospitals providing free services: Union of India vs. N K Srivastava (2020) Read Post »

Supreme Court Upholds Conviction for Kidnapping and Forced Marriage: Mohammed Yousuff @ Moula & Anr. vs. The State of Karnataka (2020) INSC 488 (22 July 2020)

/ Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 343, Indian Penal Code, 1860 with Section 366, Judges, N.V. Ramana, Offences Against Human Body, S. Abdul Nazeer, Surya Kant

Supreme Court Upholds Conviction for Kidnapping and Forced Marriage Date of the Judgment: 22 July 2020 Citation: (2020) INSC 488 Judges: N.V. Ramana, J., S. Abdul Nazeer, J., Surya Kant, J. Can a person be convicted for kidnapping even if the victim was forced into marriage and not just kidnapped? The Supreme Court of India

Supreme Court Upholds Conviction for Kidnapping and Forced Marriage: Mohammed Yousuff @ Moula & Anr. vs. The State of Karnataka (2020) INSC 488 (22 July 2020) Read Post »

Supreme Court Clarifies Taxability of Non-Compete Fees: Shiv Raj Gupta vs. Commissioner of Income-Tax (2020)

/ B.R. Gavai, Income Tax Act, 1961, Income Tax Act, 1961 with Section 260-A, Income Tax Act, 1961 with Section 28(ii)(a), Income Tax Act, 1961 with Section 28(va), Judges, Navin Sinha, R.F. Nariman

Supreme Court Clarifies Taxability of Non-Compete Fees: Shiv Raj Gupta vs. Commissioner of Income-Tax (2020) LEGAL ISSUE: Whether a non-compete fee received by a former managing director is taxable as business income or a capital receipt. CASE TYPE: Income Tax Case Name: Shiv Raj Gupta vs. Commissioner of Income-Tax, Delhi-IV Judgment Date: 22nd July, 2020

Supreme Court Clarifies Taxability of Non-Compete Fees: Shiv Raj Gupta vs. Commissioner of Income-Tax (2020) Read Post »

Supreme Court clarifies eligibility for Labour Welfare Superintendent post: North Delhi Municipal Corporation vs. Kavinder (2020)

/ Dhananjaya Y Chandrachud, Eligibility Criteria, Indu Malhotra, Judges, K.M. Joseph, Municipal Law, North Delhi Municipal Corporation, Recruitment, Service Law

Supreme Court clarifies eligibility for Labour Welfare Superintendent post: North Delhi Municipal Corporation vs. Kavinder (2020) LEGAL ISSUE: Whether an MBA degree with Human Resource Management and Industrial Relations subjects fulfills the eligibility criteria for a Labour Welfare Superintendent post requiring a post-graduate degree/diploma in allied subjects. CASE TYPE: Service Law Case Name: North Delhi

Supreme Court clarifies eligibility for Labour Welfare Superintendent post: North Delhi Municipal Corporation vs. Kavinder (2020) Read Post »

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