Author name: G.R. Hari

Supreme Court Upholds Corruption Charges: State of Telangana vs. Sri Managipet (2019)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Constitutional Law, Constitutional Law with Article 162, Constitutional Law with Article 310, Hemant Gupta, Judges, L. Nageswara Rao, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(1)(e), Prevention of Corruption Act, 1988 with Section 17

Supreme Court Upholds Corruption Charges: State of Telangana vs. Sri Managipet (2019) LEGAL ISSUE: Whether a re-employed officer can authorize an investigation under the Prevention of Corruption Act, 1988 and whether a preliminary inquiry is mandatory before registering a First Information Report (FIR) in corruption cases. CASE TYPE: Criminal (Prevention of Corruption) Case Name: The […]

Supreme Court Upholds Corruption Charges: State of Telangana vs. Sri Managipet (2019) Read Post »

Supreme Court Upholds Differential Treatment of Regular and Work Charge Employees in Kandla Port Transfer Case (06 December 2019)

/ Food Corporation of India Act, 1964, Food Corporation of India Act, 1964 with Section 12A, Hemant Gupta, Industrial Dispute, Industrial Tribunal Awards, Judges, L. Nageswara Rao, Regular Employees, Service Law, Transfer of Employees, Work Charge Employees

Kandla Port Workers Union vs. FCI & Ors: Supreme Court on Transfer of Port Employees LEGAL ISSUE: Whether work charge employees of Kandla Port Trust (KPT) are entitled to the same benefits as regular employees upon transfer to the Food Corporation of India (FCI). CASE TYPE: Service Law/Industrial Dispute Case Name: Kandla Port Workers Union

Supreme Court Upholds Differential Treatment of Regular and Work Charge Employees in Kandla Port Transfer Case (06 December 2019) Read Post »

Supreme Court Orders Fresh Delimitation for Newly Formed Tamil Nadu Districts: Dravida Munnetra Kazhagam (DMK) vs. Secretary, Governors Secretariat (06 December 2019)

/ B.R. Gavai, Constitutional Law, Constitutional Law with Article 243-B, Constitutional Law with Article 243-C, Delimitation, Election Law, Fundamental Rights, Judges, Local Body Elections, S. A. Bobde, Surya Kant

Supreme Court Orders Fresh Delimitation for Newly Formed Tamil Nadu Districts: Dravida Munnetra Kazhagam (DMK) vs. Secretary, Governors Secretariat (06 December 2019) LEGAL ISSUE: Whether the creation of new districts in Tamil Nadu necessitates a fresh delimitation exercise before local body elections can be conducted. CASE TYPE: Election Law, Constitutional Law Case Name: Dravida Munnetra

Supreme Court Orders Fresh Delimitation for Newly Formed Tamil Nadu Districts: Dravida Munnetra Kazhagam (DMK) vs. Secretary, Governors Secretariat (06 December 2019) Read Post »

Supreme Court Upholds Conviction in Murder Case Based on Circumstantial Evidence and Extra-Judicial Confession: Darshan Singh vs. State of Punjab (2019) INSC 978 (06 December 2019)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 161, Hemant Gupta, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Judges, L. Nageswara Rao, Offences Against Human Body

Supreme Court Upholds Conviction in Murder Case Based on Circumstantial Evidence and Extra-Judicial Confession Date of the Judgment: 06 December 2019 Citation: (2019) INSC 978 Judges: L. Nageswara Rao, J., Hemant Gupta, J. Can a conviction for murder be sustained solely on circumstantial evidence and an extra-judicial confession? The Supreme Court of India recently addressed

Supreme Court Upholds Conviction in Murder Case Based on Circumstantial Evidence and Extra-Judicial Confession: Darshan Singh vs. State of Punjab (2019) INSC 978 (06 December 2019) Read Post »

Supreme Court Allows Uttar Pradesh to Rejoin Tehri Hydro Dispute: State of Uttarakhand vs. Union of India (6 December 2019)

/ Civil Procedure, Civil Procedure with Order VIII Rule 1, Constitutional Law, Constitutional Law with Article 131, Judges, R.F. Nariman, S. Ravindra Bhat

Supreme Court Allows Uttar Pradesh to Rejoin Tehri Hydro Dispute: State of Uttarakhand vs. Union of India (2019) LEGAL ISSUE: Whether the State of Uttar Pradesh should be allowed to rejoin a suit after being set down ex parte. CASE TYPE: Original Suit Jurisdiction under Article 131 of the Constitution of India. Case Name: State

Supreme Court Allows Uttar Pradesh to Rejoin Tehri Hydro Dispute: State of Uttarakhand vs. Union of India (6 December 2019) Read Post »

Supreme Court overturns conviction in dacoity case: Nagaraja vs. State of Karnataka (2019)

/ Criminal Law, Dacoity, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 397, Judges, K.M. Joseph, Sanjay Kishan Kaul

Supreme Court overturns conviction in dacoity case: Nagaraja vs. State of Karnataka (2019) LEGAL ISSUE: Whether the High Court was correct in reversing the trial court’s acquittal based on circumstantial evidence. CASE TYPE: Criminal Law, Dacoity Case Name: Nagaraja vs. State of Karnataka [Judgment Date]: 6 December 2019 Date of the Judgment: 6 December 2019

Supreme Court overturns conviction in dacoity case: Nagaraja vs. State of Karnataka (2019) Read Post »

Supreme Court Cancels Bail in Gruesome Murder Case: Mahipal vs. Rajesh Kumar (2019)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 439, Dhananjaya Y Chandrachud, Hrishikesh Roy, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body

Supreme Court Cancels Bail in Gruesome Murder Case: Mahipal vs. Rajesh Kumar (2019) LEGAL ISSUE: Whether the High Court correctly exercised its power under Section 439 of the Code of Criminal Procedure, 1973 to grant bail in a murder case. CASE TYPE: Criminal Case Name: Mahipal vs. Rajesh Kumar @ Polia & Anr. [Judgment Date]:

Supreme Court Cancels Bail in Gruesome Murder Case: Mahipal vs. Rajesh Kumar (2019) Read Post »

Supreme Court overturns High Court order on Sanction under Prevention of Corruption Act: CBI vs. B.A. Srinivasan (2019) INSC 123

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 197, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 420, Indu Malhotra, Judges, Krishna Murari, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(1)(d), Prevention of Corruption Act, 1988 with Section 13(2), Prevention of Corruption Act, 1988 with Section 19, Uday Umesh Lalit

Supreme Court overturns High Court order on Sanction under Prevention of Corruption Act: CBI vs. B.A. Srinivasan (2019) INSC 123 LEGAL ISSUE: Whether sanction under Section 19 of the Prevention of Corruption Act, 1988 is required to prosecute a public servant after retirement. CASE TYPE: Criminal. Case Name: Station House Officer, CBI/ACB/Bangalore vs. B.A. Srinivasan.

Supreme Court overturns High Court order on Sanction under Prevention of Corruption Act: CBI vs. B.A. Srinivasan (2019) INSC 123 Read Post »

Supreme Court clarifies the distinction between Resignation and Voluntary Retirement in Pension Cases: BSES Yamuna Power Ltd. vs. Ghanshyam Chand Sharma (2019) INSC 974 (5 December 2019)

/ Central Civil Services (Pension) Rules, 1972, Central Civil Services (Pension) Rules, 1972 with Rule 26, Dhananjaya Y Chandrachud, Hrishikesh Roy, Judges, Pension Rules, Service Law

Supreme Court clarifies the distinction between Resignation and Voluntary Retirement in Pension Cases LEGAL ISSUE: Whether an employee’s resignation can be reclassified as voluntary retirement to grant pensionary benefits. CASE TYPE: Service Law Case Name: BSES Yamuna Power Ltd. vs. Ghanshyam Chand Sharma & Anr. Judgment Date: 5 December 2019 Introduction Date of the Judgment:

Supreme Court clarifies the distinction between Resignation and Voluntary Retirement in Pension Cases: BSES Yamuna Power Ltd. vs. Ghanshyam Chand Sharma (2019) INSC 974 (5 December 2019) Read Post »

Supreme Court Refers Rule 5 Validity Challenge Back to Division Bench: M/S Bhuwalka Steel Industries Ltd vs. Union of India (2019) INSC 1234 (05 December 2019)

/ Aniruddha Bose, Central Excise Act, 1944, Central Excise Act, 1944 with Section 3A, Central Excise Rules, 1997, Constitutional Law, Constitutional Law with Article 14, Judges, R.F. Nariman, V. Ramasubramanian

Supreme Court Refers Rule 5 Validity Challenge Back to Division Bench Date of the Judgment: 05 December 2019 Citation: (2019) INSC 1234 Judges: R.F. Nariman, J., Aniruddha Bose, J., V. Ramasubramanian, J. When a case is referred to a larger bench, is it always necessary for the larger bench to answer the questions referred? The

Supreme Court Refers Rule 5 Validity Challenge Back to Division Bench: M/S Bhuwalka Steel Industries Ltd vs. Union of India (2019) INSC 1234 (05 December 2019) Read Post »

Supreme Court Orders Retrial in S.N. Gupta Murder Case: State of NCT of Delhi vs. Shiv Charan Bansal (2019)

/ Criminal Procedure Code, 1973, Criminal Procedure Code, 1973 with Section 227, Criminal Procedure Code, 1973 with Section 391, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 302, Indu Malhotra, Judges, Offences Against Human Body, R. Subhash Reddy

Supreme Court Orders Retrial in S.N. Gupta Murder Case: State of NCT of Delhi vs. Shiv Charan Bansal (2019) LEGAL ISSUE: Whether there was sufficient evidence to frame charges of criminal conspiracy and murder against the accused. CASE TYPE: Criminal Case Name: State of NCT of Delhi vs. Shiv Charan Bansal & Ors. Judgment Date:

Supreme Court Orders Retrial in S.N. Gupta Murder Case: State of NCT of Delhi vs. Shiv Charan Bansal (2019) Read Post »

Supreme Court Grants Bail in Money Laundering Case: P. Chidambaram vs. Directorate of Enforcement (2019)

/ A.S. Bopanna, Criminal Procedure Code, Criminal Procedure Code with Section 439, Hrishikesh Roy, Judges, Prevention of Money Laundering Act, 2002, Prevention of Money Laundering Act, 2002 with Section 3, Prevention of Money Laundering Act, 2002 with Section 4, R. Banumathi

Supreme Court Grants Bail in Money Laundering Case: P. Chidambaram vs. Directorate of Enforcement (2019) LEGAL ISSUE: Whether bail should be granted in a case of economic offense where the triple test (flight risk, tampering with evidence, influencing witnesses) is satisfied in favor of the accused, but the gravity of the offense is argued to

Supreme Court Grants Bail in Money Laundering Case: P. Chidambaram vs. Directorate of Enforcement (2019) Read Post »

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