Author name: G.R. Hari

Supreme Court Directs Manipur Speaker to Decide Disqualification Petitions: Keisham Meghachandra Singh vs. The Hon’ble Speaker Manipur Legislative Assembly & Ors. (21 January 2020)

/ Aniruddha Bose, Constitutional Law, Constitutional Law with Article 142, Judges, R.F. Nariman, Tenth Schedule, V. Ramasubramanian

Supreme Court Directs Manipur Speaker to Decide Disqualification Petitions: Keisham Meghachandra Singh vs. The Hon’ble Speaker Manipur Legislative Assembly & Ors. (2020) LEGAL ISSUE: Whether a High Court can direct a Speaker to decide a disqualification petition within a certain time, and whether such a direction would not fall foul of the quia timet action […]

Supreme Court Directs Manipur Speaker to Decide Disqualification Petitions: Keisham Meghachandra Singh vs. The Hon’ble Speaker Manipur Legislative Assembly & Ors. (21 January 2020) Read Post »

Supreme Court Upholds Insurer’s Repudiation of Claim in Rice Mill Collapse Case: New India Assurance Co. Ltd. vs. Sri Buchiyyamma Rice Mill (2020) INSC 32

/ Ajay Rastogi, Claim Repudiation, Consumer Disputes, Consumer Law, Dhananjaya Y Chandrachud, Insurance Act 1938, Insurance Act 1938 with Section 64-UM, Insurance Law, Insurance Law with Section 64-UM, Judges, National Consumer Disputes Redressal Commission, State Consumer Disputes Redressal Commission, Surveyor Reports

Supreme Court Upholds Insurer’s Repudiation of Claim in Rice Mill Collapse Case LEGAL ISSUE: Whether an insurer can appoint multiple surveyors to assess a claim, and the validity of repudiating a claim based on surveyor reports. CASE TYPE: Insurance Law, Consumer Dispute Case Name: The New India Assurance Co. Ltd. vs. Sri Buchiyyamma Rice Mill

Supreme Court Upholds Insurer’s Repudiation of Claim in Rice Mill Collapse Case: New India Assurance Co. Ltd. vs. Sri Buchiyyamma Rice Mill (2020) INSC 32 Read Post »

Supreme Court Upholds Retirement Age of 60 for Medical Faculty: Chandra Mohan Varma vs. State of Uttar Pradesh (2020)

/ Ajay Rastogi, Constitutional Law, Constitutional Law with Article 14, Dhananjaya Y Chandrachud, Extension of Service, Judges, Retirement Age, Service Law, Superannuation

Supreme Court Upholds Retirement Age of 60 for Medical Faculty: Chandra Mohan Varma vs. State of Uttar Pradesh (2020) LEGAL ISSUE: Whether a government notification increasing the retirement age applies to employees already granted an extension of service. CASE TYPE: Service Law. Case Name: Chandra Mohan Varma vs. State of Uttar Pradesh & Ors. [Judgment

Supreme Court Upholds Retirement Age of 60 for Medical Faculty: Chandra Mohan Varma vs. State of Uttar Pradesh (2020) Read Post »

Supreme Court clarifies Sales Tax on Ship Stores: Nirmal Kumar Parsan vs. Commissioner of Commercial Taxes (21 January 2020)

/ A.M. Khanwilkar, Central Sales Tax Act, 1956, Central Sales Tax Act, 1956 with Section 2(ab), Central Sales Tax Act, 1956 with Section 5, Constitutional Law, Constitutional Law with Article 286, Customs Act, 1962, Customs Act, 1962 with Section 2(11), Customs Act, 1962 with Section 88, Dinesh Maheshwari, Judges

Supreme Court on Sales Tax for Ship Stores: Nirmal Kumar Parsan vs. Commissioner of Commercial Taxes (2020) LEGAL ISSUE: Whether sales of imported goods, stored in a bonded warehouse and sold as ship stores to foreign-bound ships, are subject to state sales tax. CASE TYPE: Sales Tax Law Case Name: Nirmal Kumar Parsan vs. Commissioner

Supreme Court clarifies Sales Tax on Ship Stores: Nirmal Kumar Parsan vs. Commissioner of Commercial Taxes (21 January 2020) Read Post »

Supreme Court Upholds Murder Conviction in Domestic Violence Case: Paul vs. State of Kerala (2020)

/ Criminal Law, Culpable Homicide, Homicide, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 106, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 300, Indian Penal Code, 1860 with Section 302, Judges, K.M. Joseph, Murder, Offences Against Human Body, Sanjay Kishan Kaul

Supreme Court Upholds Murder Conviction in Domestic Violence Case: Paul vs. State of Kerala (2020) LEGAL ISSUE: Whether the accused was guilty of murder under Section 302 of the Indian Penal Code (IPC) or culpable homicide not amounting to murder under Section 304 Part II of the IPC. CASE TYPE: Criminal Law – Homicide Case

Supreme Court Upholds Murder Conviction in Domestic Violence Case: Paul vs. State of Kerala (2020) Read Post »

Supreme Court allows alteration of charge under Section 216 CrPC in a case of alleged cheating: Dr. Nallapareddy Sridhar Reddy vs. State of Andhra Pradesh (2020) INSC 47 (21 January 2020)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 216, Dhananjaya Y Chandrachud, Dowry Prohibition Act, 1961, Dowry Prohibition Act, 1961 with Section 3, Dowry Prohibition Act, 1961 with Section 4, Hrishikesh Roy, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 406, Indian Penal Code, 1860 with Section 420, Judges, Offences Relating to Marriage

“`html Supreme Court Allows Alteration of Charge Under Section 216 CrPC in Cheating Case Date of the Judgment: 21 January 2020 Citation: (2020) INSC 47 Judges: Dr. Dhananjaya Y Chandrachud, J and Hrishikesh Roy, J. Can a trial court alter charges at any point before the final judgment, even after evidence has been presented? This

Supreme Court allows alteration of charge under Section 216 CrPC in a case of alleged cheating: Dr. Nallapareddy Sridhar Reddy vs. State of Andhra Pradesh (2020) INSC 47 (21 January 2020) Read Post »

Supreme Court Upholds Rejection of Application Due to Missing Experience Certificate: Karnataka State Seeds Development Corporation vs. Smt. H.L. Kaveri (2020)

/ Ajay Rastogi, Dhananjaya Y Chandrachud, Government Job Applications, Judges, Karnataka State Civil Services (Unfilled Vacancies Reserved for the Persons Belonging to the Scheduled Castes and Scheduled Tribes) (Special Recruitment) Rules, 2001, Service Law

Supreme Court Upholds Rejection of Application Due to Missing Experience Certificate: Karnataka State Seeds Development Corporation vs. Smt. H.L. Kaveri (2020) LEGAL ISSUE: Whether an application for a government job can be rejected for failing to enclose the required experience certificate. CASE TYPE: Service Law Case Name: The Karnataka State Seeds Development Corporation Limited &

Supreme Court Upholds Rejection of Application Due to Missing Experience Certificate: Karnataka State Seeds Development Corporation vs. Smt. H.L. Kaveri (2020) Read Post »

Supreme Court Remands Land Dispute Case: Pre-Partition Tenants’ Rights to be Decided: Indu Bai vs. State of Telangana (21 January 2020)

/ Hemant Gupta, Judges, L. Nageswara Rao, Land Dispute, Land Law, Pre-Partition Tenancy Rights, State Government Land

Supreme Court Remands Land Dispute Case: Pre-Partition Tenants’ Rights to be Decided: Indu Bai vs. State of Telangana (2020) LEGAL ISSUE: Whether pre-partition tenants have a right to continue in possession of land transferred to the State Government. CASE TYPE: Land Dispute, Property Law Case Name: Indu Bai & Ors. vs. State of Telangana &

Supreme Court Remands Land Dispute Case: Pre-Partition Tenants’ Rights to be Decided: Indu Bai vs. State of Telangana (21 January 2020) Read Post »

Supreme Court modifies dismissal of Sailor for hitting superior officer: Union of India vs. R. Karthik (2020) INSC 21

/ Armed Forces Tribunal Act, 2007, Armed Forces Tribunal Act, 2007 with Section 15, Hemant Gupta, Judges, L. Nageswara Rao, Navy Act, 1957, Navy Act, 1957 with Section 45(a)

Supreme Court modifies dismissal of Sailor for hitting superior officer: Union of India vs. R. Karthik (2020) INSC 21 Date of the Judgment: 21 January 2020 Citation: (2020) INSC 21 Judges: L. Nageswara Rao, J., Hemant Gupta, J. Can a sailor be dismissed from service for hitting a superior officer, especially if the superior officer

Supreme Court modifies dismissal of Sailor for hitting superior officer: Union of India vs. R. Karthik (2020) INSC 21 Read Post »

Child Custody in International Disputes: Supreme Court Addresses Habeas Corpus and Parental Rights in Yashita Sahu vs. State of Rajasthan (20 January 2020)

/ Aniruddha Bose, Child Custody, Constitutional Law, Constitutional Law with Article 226, Deepak Gupta, Family Law, Habeas Corpus, Judges, Parental Rights

Supreme Court Rules on Child Custody in International Disputes: Yashita Sahu vs. State of Rajasthan (2020) LEGAL ISSUE: Whether a writ of habeas corpus is maintainable for child custody when a child is with a natural guardian, and the extent to which Indian courts should consider foreign court orders in child custody matters. CASE TYPE:

Child Custody in International Disputes: Supreme Court Addresses Habeas Corpus and Parental Rights in Yashita Sahu vs. State of Rajasthan (20 January 2020) Read Post »

Supreme Court Upholds Loan Recovery: Benami Transaction Plea Rejected in Fair Communication Case (20 January 2020)

/ Admissibility of Evidence, Benami Transactions (Prohibition) Act, 1988, Benami Transactions (Prohibition) Act, 1988 with Section 3, Benami Transactions (Prohibition) Act, 1988 with Section 4, Evidence Act, Indira Banerjee, Judges, Prohibition of Benami Transactions, S. Ravindra Bhat

Supreme Court Upholds Loan Recovery: Benami Transaction Plea Rejected in Fair Communication Case (20 January 2020) LEGAL ISSUE: Whether a plea of benami transaction can be used to avoid repayment of a loan. CASE TYPE: Civil (Loan Recovery). Case Name: M/S Fair Communication and Consultants & Anr. vs. Surendra Kerdile. Judgment Date: 20 January 2020

Supreme Court Upholds Loan Recovery: Benami Transaction Plea Rejected in Fair Communication Case (20 January 2020) Read Post »

Supreme Court Rejects Re-agitation of Juvenility Claim: Pawan Kumar Gupta vs. State of NCT of Delhi (20 January 2020)

/ A.S. Bopanna, Age of Offender, Ashok Bhushan, Criminal Law, Judges, Juvenile Justice (Care and Protection of Children) Act, 2000, Juvenile Justice (Care and Protection of Children) Act, 2000 with Section 21, Juvenile Justice (Care and Protection of Children) Act, 2000 with Section 7A, R. Banumathi, Re-agitation of Claims

Supreme Court Rejects Re-agitation of Juvenility Claim: Pawan Kumar Gupta vs. State of NCT of Delhi (2020) LEGAL ISSUE: Can a plea of juvenility be re-agitated after it has been rejected by the Trial Court, High Court, and the Supreme Court? CASE TYPE: Criminal Case Name: Pawan Kumar Gupta vs. State of NCT of Delhi

Supreme Court Rejects Re-agitation of Juvenility Claim: Pawan Kumar Gupta vs. State of NCT of Delhi (20 January 2020) Read Post »

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