Author name: G.R. Hari

Supreme Court clarifies the scope of arbitration under the Electricity Act in a dispute between a licensee and consumer: Hindustan Zinc vs. Ajmer Vidyut Vitran Nigam (2019)

/ Aniruddha Bose, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37, Dispute Resolution, Electricity Act, 2003, Electricity Act, 2003 with Section 42, Electricity Act, 2003 with Section 86, Judges, Rohinton Fali Nariman, V. Ramasubramanian

Supreme Court Clarifies Arbitration Scope under Electricity Act: Hindustan Zinc vs. Ajmer Vidyut Vitran Nigam (2019) Date of the Judgment: December 04, 2019 Citation: 2019 INSC 1148 Judges: Rohinton Fali Nariman, J., Aniruddha Bose, J., V. Ramasubramanian, J. Can a dispute between a power distribution company and a consumer be resolved through arbitration under the […]

Supreme Court clarifies the scope of arbitration under the Electricity Act in a dispute between a licensee and consumer: Hindustan Zinc vs. Ajmer Vidyut Vitran Nigam (2019) Read Post »

Supreme Court clarifies qualifying service for invalid pension under Orissa Civil Services Rules: State of Odisha vs. Manju Naik (2019) INSC 1107 (04 December 2019)

/ A.S. Bopanna, Hrishikesh Roy, Judges, Orissa Civil Services (Pension) Rules, 1992, Pension Law, Pension Law with Rule 39, Pension Law with Rule 47, R. Banumathi

Supreme Court clarifies qualifying service for invalid pension under Orissa Civil Services Rules Date of the Judgment: 04 December 2019 Citation: (2019) INSC 1107 Judges: R. Banumathi, J., A.S. Bopanna, J., Hrishikesh Roy, J. Can a government employee receive invalid pension even if they haven’t completed the minimum qualifying service? The Supreme Court of India

Supreme Court clarifies qualifying service for invalid pension under Orissa Civil Services Rules: State of Odisha vs. Manju Naik (2019) INSC 1107 (04 December 2019) Read Post »

Supreme Court Upholds Punjab Religious Premises Act: Tenants of Religious Institutions Not Entitled to Rent Act Protection (4 December 2019)

/ Constitutional Law, Constitutional Law with Article 14, East Punjab Urban Rent Restriction Act, 1949, Eviction, Fundamental Rights, Judges, Krishna Murari, N. V. Ramana, Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997, Religious Premises, Rent Control, Sanjiv Khanna, Unauthorised Occupation

Supreme Court Upholds Punjab Religious Premises Act: Tenants of Religious Institutions Not Entitled to Rent Act Protection (2019) LEGAL ISSUE: Whether tenants of religious institutions are entitled to protection under the East Punjab Urban Rent Restriction Act, 1949, or if they can be treated differently under a separate law. CASE TYPE: Civil Law – Landlord

Supreme Court Upholds Punjab Religious Premises Act: Tenants of Religious Institutions Not Entitled to Rent Act Protection (4 December 2019) Read Post »

Supreme Court Upholds Sales Tax on Time Charter Agreements: Great Eastern Shipping Co. Ltd. vs. State of Karnataka (2019)

/ Arun Mishra, B.R. Gavai, Constitutional Law, Constitutional Law with Article 366(29A), Judges, Karnataka Sales Tax Act, 1957, Karnataka Sales Tax Act, 1957 with Section 2(t), Karnataka Sales Tax Act, 1957 with Section 5C, M.R. Shah

Supreme Court Upholds Sales Tax on Time Charter Agreements: Great Eastern Shipping Co. Ltd. vs. State of Karnataka (2019) LEGAL ISSUE: Whether a time charter agreement constitutes a transfer of the right to use goods, thereby attracting sales tax. CASE TYPE: Tax Law, Sales Tax Case Name: The Great Eastern Shipping Co. Ltd. vs. State

Supreme Court Upholds Sales Tax on Time Charter Agreements: Great Eastern Shipping Co. Ltd. vs. State of Karnataka (2019) Read Post »

Supreme Court Clarifies Capital Gains Tax on Property Transfer: Seshasayee Steels vs. ACIT (2019)

/ Aniruddha Bose, Income Tax Act, 1961, Income Tax Act, 1961 with Section 144, Income Tax Act, 1961 with Section 2(47), Judges, R.F. Nariman, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 53A, V. Ramasubramanian

Supreme Court Clarifies Capital Gains Tax on Property Transfer: Seshasayee Steels vs. ACIT (2019) LEGAL ISSUE: Determining the point of transfer for capital gains tax on immovable property under the Income Tax Act, 1961, specifically concerning agreements to sell and subsequent compromise deeds. CASE TYPE: Income Tax Law Case Name: M/s Seshasayee Steels P. Ltd.

Supreme Court Clarifies Capital Gains Tax on Property Transfer: Seshasayee Steels vs. ACIT (2019) Read Post »

Supreme Court Prioritizes Employee Dues over Secured Creditor in SARFAESI Act Case: Maharashtra State Co-operative Bank Ltd. vs. Babulal Lade (2019)

/ Enforcement of Security Interest, Government Claims on Land, Judges, Krishna Murari, Maharashtra Land Revenue Code, 1966, Maharashtra Land Revenue Code, 1966 with Section 169, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 with Section 50, Mohan M. Shantanagoudar, SARFAESI Act, 2002, SARFAESI Act, 2002 with Section 13, Unfair Labour Practices

Supreme Court Prioritizes Employee Dues over Secured Creditor in SARFAESI Act Case: Maharashtra State Co-operative Bank Ltd. vs. Babulal Lade (2019) LEGAL ISSUE: Whether employee dues can take precedence over the claim of a secured creditor under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). CASE TYPE:

Supreme Court Prioritizes Employee Dues over Secured Creditor in SARFAESI Act Case: Maharashtra State Co-operative Bank Ltd. vs. Babulal Lade (2019) Read Post »

Supreme Court Clarifies “Expansion” Under EIA Notification in Keystone Realtors Case (2019)

/ Ajay Rastogi, Building and Construction Projects, Dhananjaya Y Chandrachud, EIA Notification, 2006, EIA Notification, 2006 with Paragraph 2, EIA Notification, 2006 with Paragraph 7(ii), Environment Impact Assessment, Environmental Clearance, Environmental Law, Judges, Precautionary Principle

Supreme Court Clarifies “Expansion” Under EIA Notification in Keystone Realtors Case (2019) LEGAL ISSUE: Interpretation of “expansion” under the Environment Impact Assessment (EIA) Notification, 2006. CASE TYPE: Environmental Law Case Name: Keystone Realtors Pvt. Ltd. vs. Shri Anil V Tharthare & Ors. Judgment Date: December 3, 2019 Introduction Date of the Judgment: December 3, 2019

Supreme Court Clarifies “Expansion” Under EIA Notification in Keystone Realtors Case (2019) Read Post »

Supreme Court clarifies High Court’s jurisdiction over NCLT orders in insolvency cases: Embassy Property Developments Pvt. Ltd. vs. State of Karnataka (03 December 2019)

/ Aniruddha Bose, Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 227, Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 14, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Mines and Minerals (Development and Regulation) Act, 1957, Mines and Minerals (Development and Regulation) Act, 1957 with Section 8A(6), Rohinton Fali Nariman, V. Ramasubramanian

Supreme Court clarifies High Court’s jurisdiction over NCLT orders in insolvency cases: Embassy Property Developments Pvt. Ltd. vs. State of Karnataka (2019) LEGAL ISSUE: Whether a High Court can interfere with an order passed by the National Company Law Tribunal (NCLT) under the Insolvency and Bankruptcy Code, 2016 (IBC), when there is a statutory remedy

Supreme Court clarifies High Court’s jurisdiction over NCLT orders in insolvency cases: Embassy Property Developments Pvt. Ltd. vs. State of Karnataka (03 December 2019) Read Post »

Supreme Court Upholds Appointment of Teacher Under Rehbar-e-Taleem Scheme: Meena Sharma vs. State of Jammu and Kashmir (2019)

/ Ajay Rastogi, Appointment, Delay in Challenge, Dhananjaya Y Chandrachud, Eligibility Criteria, Judges, Regularization, Rehbar-e-Taleem Scheme, Service Law, Village Level Committee

Supreme Court Upholds Appointment of Teacher Under Rehbar-e-Taleem Scheme: Meena Sharma vs. State of Jammu and Kashmir (2019) LEGAL ISSUE: Whether an appointment made under the Rehbar-e-Taleem (RET) Scheme can be challenged after a significant delay, especially when the appointee has been regularized and the initial selection process involved a combined list for two adjacent

Supreme Court Upholds Appointment of Teacher Under Rehbar-e-Taleem Scheme: Meena Sharma vs. State of Jammu and Kashmir (2019) Read Post »

Supreme Court clarifies CENVAT credit on fuel inputs used for manufacturing exempted goods: Commissioner of Central Excise vs. Gujarat Narmada Valley Fertilizers Co. Ltd. (2019) INSC 1187 (03 December 2019)

/ Aniruddha Bose, Central Excise Act, Central Excise Act with Rule 6, CENVAT Credit Rules, 2002, Judges, R.F. Nariman, V. Ramasubramanian

Supreme Court Clarifies CENVAT Credit on Fuel Inputs for Exempted Goods Date of the Judgment: 03 December 2019 Citation: (2019) INSC 1187 Judges: R.F. Nariman, J., Aniruddha Bose, J., V. Ramasubramanian, J. Can a manufacturer claim CENVAT credit on duty paid for fuel inputs used to generate steam and electricity when manufacturing goods that are

Supreme Court clarifies CENVAT credit on fuel inputs used for manufacturing exempted goods: Commissioner of Central Excise vs. Gujarat Narmada Valley Fertilizers Co. Ltd. (2019) INSC 1187 (03 December 2019) Read Post »

Supreme Court Restores Arbitrator’s Award in Land Development Dispute: Jagjeet Singh Lyallpuri vs. Unitop Apartments (2019)

/ A.S. Bopanna, Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 19, Arbitration Law with Section 34, Hrishikesh Roy, Judges, R. Banumathi

Supreme Court Restores Arbitrator’s Award in Land Development Dispute: Jagjeet Singh Lyallpuri vs. Unitop Apartments (2019) LEGAL ISSUE: Whether an arbitral award can be set aside for procedural lapses when parties agreed to the procedure. CASE TYPE: Arbitration Case Name: Jagjeet Singh Lyallpuri (dead) Through Lrs. & Ors. vs. M/s Unitop Apartments & Builders Ltd.

Supreme Court Restores Arbitrator’s Award in Land Development Dispute: Jagjeet Singh Lyallpuri vs. Unitop Apartments (2019) Read Post »

Supreme Court clarifies criteria for Permanent Secondment in DGQA: Union of India vs. Lt. Col. Sameer Singh (2 December 2019)

/ Aniruddha Bose, Deepak Gupta, Directorate General Quality Assurance (DGQA), Judges, Permanent Secondment, Service Law, Service Law with Office Memorandum dated 12.05.2011

Supreme Court Clarifies Criteria for Permanent Secondment in DGQA: Union of India vs. Lt. Col. Sameer Singh (2019) Introduction Date of the Judgment: 2 December 2019 Citation: Civil Appeal No(s). 9143 / 2019 (@ Special Leave Petition (Civil) No(s). 25611 of 2018) Judges: Deepak Gupta, J., Aniruddha Bose, J. Can an employer use criteria for

Supreme Court clarifies criteria for Permanent Secondment in DGQA: Union of India vs. Lt. Col. Sameer Singh (2 December 2019) Read Post »

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