Author name: G.R. Hari

Supreme Court Upholds State’s Authority to Set Sugarcane Prices Above Central Minimum: West U.P. Sugar Mills Association vs. State of Uttar Pradesh (22 April 2020)

/ Aniruddha Bose, Arun Mishra, Concurrent List, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 246, Essential Commodities Act, 1955, Essential Commodities Act, 1955 with Section 3(2)(c), Indira Banerjee, Judges, M.R. Shah, Vineet Saran

Supreme Court Clarifies State Power to Fix Sugarcane Prices Above Central Minimum Date of the Judgment: 22 April 2020 Judges: Arun Mishra, Indira Banerjee, Vineet Saran, M.R. Shah, Aniruddha Bose Can a state government fix sugarcane prices that are higher than the minimum price set by the central government? This was the core legal question […]

Supreme Court Upholds State’s Authority to Set Sugarcane Prices Above Central Minimum: West U.P. Sugar Mills Association vs. State of Uttar Pradesh (22 April 2020) Read Post »

Supreme Court Upholds “Catch-Up Rule” in Seniority for General Category Promotees: Pravakar Mallick vs. State of Orissa (2020)

/ Catch-Up Rule, Constitutional Law, Constitutional Law with Article 16, Constitutional Law with Article 16(4A), Fundamental Rights, Judges, Mohan M. Shantanagoudar, R. Subhash Reddy, Reservation in Promotion, Seniority, Service Law

Supreme Court Upholds “Catch-Up Rule” in Seniority for General Category Promotees: Pravakar Mallick vs. State of Orissa (2020) Date of the Judgment: April 17, 2020 Citation: 2020 INSC 329 Judges: Mohan M. Shantanagoudar, J. and R. Subhash Reddy, J. Can a state government grant seniority to Scheduled Caste/Scheduled Tribe (SC/ST) employees promoted through reservation, even

Supreme Court Upholds “Catch-Up Rule” in Seniority for General Category Promotees: Pravakar Mallick vs. State of Orissa (2020) Read Post »

Supreme Court Upholds Open Space Reservations in Mumbai Layout: Anjuman E Shiate Ali vs. Gulmohar Area Societies (17 April 2020)

/ Development Control Regulations, Development Control Regulations of 1991, Development Control Rules of 1967, Judges, Mohan M. Shantanagoudar, Mumbai Municipal Corporation Act, 1888, Mumbai Municipal Corporation Act, 1888 with Section 302, R. Subhash Reddy

Supreme Court Upholds Open Space Reservations in Mumbai Layout: Anjuman E Shiate Ali vs. Gulmohar Area Societies LEGAL ISSUE: Whether plots designated as open spaces in a sanctioned layout plan can be used for construction based on a subsequent development plan. CASE TYPE: Civil Law, Town Planning Case Name: Anjuman E Shiate Ali & Anr.

Supreme Court Upholds Open Space Reservations in Mumbai Layout: Anjuman E Shiate Ali vs. Gulmohar Area Societies (17 April 2020) Read Post »

Supreme Court Upholds RIMS Director Appointment Rules: Dr. Thingujam Achouba Singh vs. Dr. H. Nabachandra Singh (2020)

/ Administrative Law, Judges, Judicial Review, R. Banumathi, R. Subhash Reddy, Recruitment Rules, Rules and Regulations of Society, Service Law, Societies Registration Act, 1860

Supreme Court Upholds RIMS Director Appointment Rules: Dr. Thingujam Achouba Singh vs. Dr. H. Nabachandra Singh (2020) LEGAL ISSUE: Validity of recruitment rules for the post of Director at the Regional Institute of Medical Sciences (RIMS), Imphal, and the High Court’s interference in the absence of a direct challenge to the rules. CASE TYPE: Service

Supreme Court Upholds RIMS Director Appointment Rules: Dr. Thingujam Achouba Singh vs. Dr. H. Nabachandra Singh (2020) Read Post »

Supreme Court Upholds High Court Order on Aurangabad Development Plan: Municipal Corporation vs. Govind Bajirao Navpute & Ors. (2020) INSC 244 (17 April 2020)

/ Judges, Maharashtra Regional and Town Planning Act, 1966, Maharashtra Regional and Town Planning Act, 1966 with Section 21(4A), Maharashtra Regional and Town Planning Act, 1966 with Section 26, Mohan M. Shantanagoudar, R. Subhash Reddy

Supreme Court Upholds High Court Order on Aurangabad Development Plan Date of the Judgment: 17 April 2020 Citation: (2020) INSC 244 Judges: Mohan M. Shantanagoudar, J., R. Subhash Reddy, J. Can a development plan be valid if it’s not prepared within the statutory time limit? The Supreme Court recently addressed this question in the case

Supreme Court Upholds High Court Order on Aurangabad Development Plan: Municipal Corporation vs. Govind Bajirao Navpute & Ors. (2020) INSC 244 (17 April 2020) Read Post »

Supreme Court Upholds Regularization of Teachers Appointed Under Himachal Pradesh Schemes (2020)

/ Constitutional Law, Constitutional Law with Article 309, Government Schemes, Himachal Pradesh Service Rules, Judges, Mohan M. Shantanagoudar, R. Subhash Reddy, Regularization of Employees, Service Law

Supreme Court Upholds Regularization of Teachers Appointed Under Himachal Pradesh Schemes (2020) LEGAL ISSUE: Whether teachers appointed under various schemes by the Himachal Pradesh government can be regularized despite initial conditions against regularization and alleged violations of recruitment rules. CASE TYPE: Service Law Case Name: Chander Mohan Negi & Ors. vs. State of Himachal Pradesh

Supreme Court Upholds Regularization of Teachers Appointed Under Himachal Pradesh Schemes (2020) Read Post »

Supreme Court clarifies liability of insurance company: Sushilaben Indravadan Gandhi vs. New India Assurance (2020)

/ Insurance Law, Insurance Liability, Judges, Motor Vehicle Accident Claims, Motor Vehicle Law, R. F. Nariman, S. Ravindra Bhat

Supreme Court clarifies liability of insurance company: Sushilaben Indravadan Gandhi vs. New India Assurance (2020) LEGAL ISSUE: Whether an insurance company is liable to pay compensation for an accident caused by a vehicle that was transferred but not registered in the name of the new owner. CASE TYPE: Motor Vehicle Accident Claim Case Name: Sushilaben

Supreme Court clarifies liability of insurance company: Sushilaben Indravadan Gandhi vs. New India Assurance (2020) Read Post »

Supreme Court clarifies Voluntary Retirement vs. Resignation in Rajasthan State Road Transport Corporation Case (15 April 2020)

/ A.S. Bopanna, Judges, Payment of Gratuity Act, 1972, Payment of Gratuity Act, 1972 with Section 4(1)(b), R. Banumathi, Rajasthan Civil Services Pension Rules, 1996, Rajasthan Civil Services Pension Rules, 1996 with Rule 50, Resignation, Service Law, Voluntary Retirement

Supreme Court clarifies Voluntary Retirement vs. Resignation in Rajasthan State Road Transport Corporation Case LEGAL ISSUE: Whether an employee’s application for voluntary retirement, if not explicitly accepted, can be deemed accepted, especially when followed by a resignation. CASE TYPE: Service Law Case Name: Rajasthan State Road Transport Corporation Ltd. & Ors. vs. Smt. Mohani Devi

Supreme Court clarifies Voluntary Retirement vs. Resignation in Rajasthan State Road Transport Corporation Case (15 April 2020) Read Post »

Floor Test Ordered: Supreme Court Resolves Madhya Pradesh Assembly Crisis (2020)

/ Constitutional Law, Constitutional Law with Article 168, Constitutional Law with Article 174, Dhananjaya Y Chandrachud, Hemant Gupta, Judges, Legislative Procedure

Supreme Court Orders Floor Test in Madhya Pradesh Amidst Resignation Crisis LEGAL ISSUE: Whether the Governor can order a floor test in a running legislative assembly. CASE TYPE: Constitutional Law, Legislative Procedure Case Name: Shivraj Singh Chouhan & Ors. vs. Speaker Madhya Pradesh Legislative Assembly & Ors. [Judgment Date]: 13 April 2020 Date of the

Floor Test Ordered: Supreme Court Resolves Madhya Pradesh Assembly Crisis (2020) Read Post »

Supreme Court Clarifies Tax on Medical Oxygen and Nitrous Oxide: Linde India Ltd. vs. State of Andhra Pradesh (2020)

/ Ajay Rastogi, Andhra Pradesh Value Added Tax Act, 2005, Andhra Pradesh Value Added Tax Act, 2005 with Entry 88, Dhananjaya Y Chandrachud, Drugs and Cosmetics Act, 1940, Drugs and Cosmetics Act, 1940 with Section 3(b), Judges, Schedule IV, Andhra Pradesh Value Added Tax Act, 2005

Supreme Court Clarifies Tax on Medical Oxygen and Nitrous Oxide: Linde India Ltd. vs. State of Andhra Pradesh (2020) LEGAL ISSUE: Whether Medical Oxygen IP and Nitrous Oxide IP are taxable as drugs and medicines or as unclassified goods under the Andhra Pradesh Value Added Tax Act, 2005. CASE TYPE: Tax Law Case Name: The

Supreme Court Clarifies Tax on Medical Oxygen and Nitrous Oxide: Linde India Ltd. vs. State of Andhra Pradesh (2020) Read Post »

Supreme Court Quashes PTI Selection in Haryana Due to Arbitrary Criteria Changes: Ramjit Singh Kardam & Ors. vs. Sanjeev Kumar & Ors. (2020) INSC 218 (08 April 2020)

/ Ashok Bhushan, Constitutional Law, Constitutional Law with Article 309, Estoppel, Judges, Navin Sinha, Recruitment Rules, Selection Process, Service Law

Supreme Court Quashes PTI Selection in Haryana Due to Arbitrary Criteria Changes Date of the Judgment: 08 April 2020 Citation: (2020) INSC 218 Judges: Ashok Bhushan, J., Navin Sinha, J. Can a selection process be deemed fair when the criteria are changed arbitrarily mid-way? The Supreme Court of India recently addressed this question in a

Supreme Court Quashes PTI Selection in Haryana Due to Arbitrary Criteria Changes: Ramjit Singh Kardam & Ors. vs. Sanjeev Kumar & Ors. (2020) INSC 218 (08 April 2020) Read Post »

Supreme Court Clarifies Teacher Status Under Kerala University Act: P. Gopinathan Pillai vs. University of Kerala (2020)

/ Ashok Bhushan, Judges, Kerala University Act, 1974, Kerala University Act, 1974 with Section 2(27), Kerala University Act, 1974 with Section 2(28), Kerala University Act, 1974 with Section 2(7), M.R. Shah

Supreme Court Clarifies Teacher Status Under Kerala University Act: P. Gopinathan Pillai vs. University of Kerala (2020) LEGAL ISSUE: Whether an employee of the Centre for Adult Continuing Education and Extension (CACEE) is a “teacher” of the University entitled to a retirement age of 60 years under the Kerala University Act, 1974. CASE TYPE: Service

Supreme Court Clarifies Teacher Status Under Kerala University Act: P. Gopinathan Pillai vs. University of Kerala (2020) Read Post »

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