Author name: G.R. Hari

Supreme Court settles Section 80-IA deduction eligibility for a company succeeding a partnership in infrastructure projects: Commissioner of Income Tax vs. Chetak Enterprises (2020) INSC 179 (05 March 2020)

/ A.M. Khanwilkar, Companies Act, 1956, Companies Act, 1956 with Section 575, Dinesh Maheshwari, Income Tax Act, 1961, Income Tax Act, 1961 with Section 80-IA, Judges

Supreme Court Clarifies Section 80-IA Deduction for Company Succeeding Partnership in Infrastructure Project Date of the Judgment: 05 March 2020 Citation: (2020) INSC 179 Judges: A.M. Khanwilkar, J., Dinesh Maheshwari, J. Can a company claim tax deductions under Section 80-IA of the Income Tax Act, 1961, for an infrastructure project when it has taken over […]

Supreme Court settles Section 80-IA deduction eligibility for a company succeeding a partnership in infrastructure projects: Commissioner of Income Tax vs. Chetak Enterprises (2020) INSC 179 (05 March 2020) Read Post »

Supreme Court Clarifies CEO Appointment in Cooperative Banks: Chhattisgarh State Co-Operative Bank vs. Zila Sahkari Kendriya Bank (2020)

/ Ajay Rastogi, Chhattisgarh Co-Operative Societies Act, 1960, Chhattisgarh Co-Operative Societies Act, 1960 with Section 49-E, Chhattisgarh Co-Operative Societies Act, 1960 with Section 54, Dhananjaya Y Chandrachud, Judges

LEGAL ISSUE: Clarification on the appointment of Chief Executive Officers (CEOs) in Cooperative Banks. CASE TYPE: Cooperative Law Case Name: Managing Director Chhattisgarh State Co-Operative Bank Maryadit vs. Zila Sahkari Kendriya Bank Maryadit & Ors. [Judgment Date]: March 04, 2020 Date of the Judgment: March 04, 2020 Citation: (2020) INSC 241 Judges: Dr. Dhananjaya Y

Supreme Court Clarifies CEO Appointment in Cooperative Banks: Chhattisgarh State Co-Operative Bank vs. Zila Sahkari Kendriya Bank (2020) Read Post »

Supreme Court clarifies rules for compassionate appointment: N.C. Santhosh vs. State of Karnataka (4 March 2020)

/ A.S. Bopanna, Compassionate Appointment, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Hrishikesh Roy, Judges, Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, R. Banumathi, Service Law, Service Law with Rule 5

Supreme Court Clarifies Compassionate Appointment Rules: N.C. Santhosh vs. State of Karnataka (2020) LEGAL ISSUE: Whether the norms applicable for compassionate appointment are those existing on the date of death of the government employee or on the date of consideration of the application. CASE TYPE: Service Law Case Name: N.C. Santhosh vs. State of Karnataka

Supreme Court clarifies rules for compassionate appointment: N.C. Santhosh vs. State of Karnataka (4 March 2020) Read Post »

Supreme Court clarifies Detaining Authority’s Duty to Consider Representation in Preventive Detention Cases: Ankit Ashok Jalan vs. Union of India (2020)

/ COFEPOSA Act, Constitutional Law, Constitutional Law with Article 22, Fundamental Rights, Hemant Gupta, Indu Malhotra, Judges, Preventive Detention Law, Preventive Detention Law with Section 3(1), Uday Umesh Lalit

Supreme Court Clarifies Detaining Authority’s Duty in Preventive Detention Cases (2020) LEGAL ISSUE: Whether a Detaining Authority must independently consider a detainee’s representation before receiving the Advisory Board’s report. CASE TYPE: Preventive Detention Law Case Name: Ankit Ashok Jalan vs. Union of India & Ors. [Judgment Date]: 04 March 2020 Introduction Date of the Judgment:

Supreme Court clarifies Detaining Authority’s Duty to Consider Representation in Preventive Detention Cases: Ankit Ashok Jalan vs. Union of India (2020) Read Post »

Supreme Court settles land ownership dispute: State of Goa vs. Narayan V. Gaonkar (2020)

/ Ashok Bhushan, Goa, Daman and Diu Land Revenue Code, 1968, Judges, Land Ownership, Land Records, Land Revenue Law, Land Revenue Law with Section 14, Mining Rights, Navin Sinha, Property Law

Supreme Court Settles Land Ownership Dispute: State of Goa vs. Narayan V. Gaonkar (2020) LEGAL ISSUE: Dispute over land ownership and the validity of entries in land records. CASE TYPE: Civil Law – Land Revenue Case Name: State of Goa vs. Narayan V. Gaonkar & Ors. [Judgment Date]: March 04, 2020 Date of the Judgment:

Supreme Court settles land ownership dispute: State of Goa vs. Narayan V. Gaonkar (2020) Read Post »

Supreme Court Strikes Down RBI Ban on Cryptocurrency Trading: Internet and Mobile Association of India vs. Reserve Bank of India (2020) INSC 248 (4 March 2020)

/ Aniruddha Bose, Banking Regulation Act, 1949, Banking Regulation Act, 1949 with Section 35A, Banking Regulation Act, 1949 with Section 36(1)(a), Constitutional Law, Constitutional Law with Article 19(1)(g), Constitutional Law with Article 19(6), Fundamental Rights, Judges, Payment and Settlement Systems Act, 2007, Payment and Settlement Systems Act, 2007 with Section 10(2), Payment and Settlement Systems Act, 2007 with Section 18, Reserve Bank of India Act, 1934, Reserve Bank of India Act, 1934 with Section 45JA, Reserve Bank of India Act, 1934 with Section 45L, Rohinton Fali Nariman, V. Ramasubramanian

Date of the Judgment: 4 March 2020 Citation: (2020) INSC 248 Judges: Rohinton Fali Nariman, Aniruddha Bose, V. Ramasubramanian Can a central bank impose a blanket ban on cryptocurrency trading? The Supreme Court of India recently addressed this crucial question in a landmark judgment. The court struck down the Reserve Bank of India’s (RBI) ban

Supreme Court Strikes Down RBI Ban on Cryptocurrency Trading: Internet and Mobile Association of India vs. Reserve Bank of India (2020) INSC 248 (4 March 2020) Read Post »

Supreme Court Clarifies Insurer’s Liability in Cases of Fake Driving Licenses: Nirmala Kothari vs. United India Insurance Co. Ltd. (2020)

/ Consumer Complaint, Consumer Law, Insurance Law, Judges, Krishna Murari, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 149(2)(a), Navin Sinha

Supreme Court Clarifies Insurer’s Liability in Cases of Fake Driving Licenses: Nirmala Kothari vs. United India Insurance Co. Ltd. (2020) LEGAL ISSUE: Extent of care expected from an employer while hiring a driver concerning the validity of their driving license. CASE TYPE: Consumer Law/Insurance Law Case Name: Nirmala Kothari vs. United India Insurance Co. Ltd.

Supreme Court Clarifies Insurer’s Liability in Cases of Fake Driving Licenses: Nirmala Kothari vs. United India Insurance Co. Ltd. (2020) Read Post »

Supreme Court Upholds Pension Nomination: Tulsa Devi Nirola vs. Radha Nirola (2020)

/ Ashok Bhushan, Family Pension, Judges, Navin Sinha, Nomination, Service Law, Settlement Deed, Sikkim Services (Pension) Rules, 1990, Sikkim Services (Pension) Rules, 1990 with Rule 35(5), Sikkim Services (Pension) Rules, 1990 with Rule 38, Sikkim Services (Pension) Rules, 1990 with Rule 40(6)

Supreme Court Upholds Pension Nomination: Tulsa Devi Nirola vs. Radha Nirola (2020) LEGAL ISSUE: Whether a first wife is entitled to a share of the family pension when the deceased husband nominated the second wife as the sole beneficiary, and a settlement deed was executed between the two wives. CASE TYPE: Service/Pension Law Case Name:

Supreme Court Upholds Pension Nomination: Tulsa Devi Nirola vs. Radha Nirola (2020) Read Post »

Supreme Court clarifies definition of ‘Shamilat Deh’ land under Punjab Village Common Lands Act: Patram vs. Gram Panchayat Katwar (2020)

/ Deepak Gupta, Judges, L. Nageswara Rao, Land Law, Land Law with Section 2(g), Punjab Village Common Lands (Regulation) Act, 1961, Shamilat Deh Land

Supreme Court Clarifies Shamilat Deh Land Definition in Haryana: Patram vs. Gram Panchayat Katwar (2020) Date of the Judgment: March 4, 2020 Citation: 2020 INSC 217 Judges: L. Nageswara Rao, J. and Deepak Gupta, J. Can land traditionally held by a family within a village, but not used for common village purposes, be classified as

Supreme Court clarifies definition of ‘Shamilat Deh’ land under Punjab Village Common Lands Act: Patram vs. Gram Panchayat Katwar (2020) Read Post »

Supreme Court clarifies the use of RTI Act for obtaining High Court documents: Chief Information Commissioner vs. High Court of Gujarat (2020)

/ A.S. Bopanna, Constitutional Law, Constitutional Law with Article 145, Constitutional Law with Article 225, Hrishikesh Roy, Judges, R. Banumathi, Right to Information Act, 2005, Right to Information Act, 2005 with Section 22, Right to Information Act, 2005 with Section 6(2)

Supreme Court clarifies the use of RTI Act for obtaining High Court documents: Chief Information Commissioner vs. High Court of Gujarat (2020) LEGAL ISSUE: Whether the Right to Information (RTI) Act can be used to obtain certified copies of documents from High Courts, bypassing the specific rules framed by the High Courts for this purpose.

Supreme Court clarifies the use of RTI Act for obtaining High Court documents: Chief Information Commissioner vs. High Court of Gujarat (2020) Read Post »

Supreme Court Dismisses Perjury Application in Property Dispute: Deepak Chandrakant Jhaveri & Ors. vs. Johnson Dye Works Pvt. Ltd. & Ors. (2020)

/ Criminal Procedure Code, 1973, Criminal Procedure Code, 1973 with Section 195, Criminal Procedure Code, 1973 with Section 340, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 193, Judges, Mohan M. Shantanagoudar, Offences Against Public Justice, R. Subhash Reddy

Supreme Court Dismisses Perjury Application in Property Dispute: Deepak Chandrakant Jhaveri & Ors. vs. Johnson Dye Works Pvt. Ltd. & Ors. (2020) LEGAL ISSUE: Whether criminal proceedings should be initiated for giving false evidence before the Court. CASE TYPE: Civil (Property Dispute, Criminal Procedure) Case Name: Deepak Chandrakant Jhaveri & Ors. vs. Johnson Dye Works

Supreme Court Dismisses Perjury Application in Property Dispute: Deepak Chandrakant Jhaveri & Ors. vs. Johnson Dye Works Pvt. Ltd. & Ors. (2020) Read Post »

Supreme Court Reduces Sentence in Culpable Homicide Case: Chandrakumar vs. State of Madhya Pradesh (2020)

/ A.S. Bopanna, Criminal Law, Culpable Homicide, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 304, Judges, R. Banumathi, Sentencing

Supreme Court Reduces Sentence in Culpable Homicide Case: Chandrakumar vs. State of Madhya Pradesh (2020) LEGAL ISSUE: Whether the High Court was justified in reducing the sentence awarded by the Trial Court in a case of culpable homicide not amounting to murder. CASE TYPE: Criminal Case Name: Chandrakumar @ Kali vs. The State of Madhya

Supreme Court Reduces Sentence in Culpable Homicide Case: Chandrakumar vs. State of Madhya Pradesh (2020) Read Post »

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