Author name: G.R. Hari

Supreme Court Upholds Consolidation Officer’s Order on Paternity Dispute: Shambhu Chauhan vs. Ram Kirpal (2024)

/ Burden of Proof, Constitution of India, Constitution of India with Article 226, High Court Jurisdiction, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 101, Revisional Powers, U.P. Consolidation of Holdings Act, 1953, U.P. Consolidation of Holdings Act, 1953 with Section 48

Supreme Court Upholds Consolidation Officer’s Order on Paternity Dispute: Shambhu Chauhan vs. Ram Kirpal (2024) LEGAL ISSUE: Whether the High Court rightly interfered with the revisional authority’s order in a land consolidation dispute regarding the determination of paternity and succession rights. CASE TYPE: Land Consolidation Dispute, Civil Law Case Name: Shambhu Chauhan vs. Ram Kirpal […]

Supreme Court Upholds Consolidation Officer’s Order on Paternity Dispute: Shambhu Chauhan vs. Ram Kirpal (2024) Read Post »

Supreme Court Alters Murder Conviction to Culpable Homicide in Sudden Fight Case: Sunny @ Santosh vs. State of Maharashtra (2024) INSC 878 (20 November 2024)

/ Criminal Law, Culpable Homicide, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 304, Murder, Offences Against Human Body

Supreme Court Alters Murder Conviction to Culpable Homicide in Sudden Fight Case: Sunny @ Santosh vs. State of Maharashtra (2024) INSC 878 (20 November 2024) LEGAL ISSUE: Whether a conviction for murder under Section 302 of the Indian Penal Code, 1860 is sustainable when the incident occurs during a sudden fight without premeditation. CASE TYPE:

Supreme Court Alters Murder Conviction to Culpable Homicide in Sudden Fight Case: Sunny @ Santosh vs. State of Maharashtra (2024) INSC 878 (20 November 2024) Read Post »

Supreme Court Allows CENVAT Credit on Mobile Towers and Prefabricated Buildings: Bharti Airtel vs. Commissioner of Central Excise (20 November 2024)

/ Central Excise Act, 1944, Central Excise Act, 1944 with duties of excise, Central Excise Act, 1944 with excise tariff, CENVAT Credit Rules, 2004, CENVAT Credit Rules, 2004 with Rule 2(a)(A), CENVAT Credit Rules, 2004 with Rule 2(k), CENVAT Credit Rules, 2004 with Rule 3(1)

Supreme Court Allows CENVAT Credit on Mobile Towers and Prefabricated Buildings: Bharti Airtel vs. Commissioner of Central Excise (2024) Date of the Judgment: 20 November 2024 Citation: 2024 INSC 880 Judges: B.V. Nagarathna, J., Nongmeikapam Kotiswar Singh, J. (authored the judgment). Can mobile service providers claim tax credit on the infrastructure they use, like mobile

Supreme Court Allows CENVAT Credit on Mobile Towers and Prefabricated Buildings: Bharti Airtel vs. Commissioner of Central Excise (20 November 2024) Read Post »

Supreme Court Upholds Prosecution in Evidence Tampering Case: M.R. Ajayan vs. State of Kerala (2024)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 195, Criminal Procedure, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 193, Offences Against Public Justice

Supreme Court Upholds Prosecution in Evidence Tampering Case: M.R. Ajayan vs. State of Kerala (2024) LEGAL ISSUE: Whether a criminal court can take cognizance of offences related to tampering with evidence in court proceedings without a formal complaint from the court itself, and whether a third party can appeal such a case. CASE TYPE: Criminal

Supreme Court Upholds Prosecution in Evidence Tampering Case: M.R. Ajayan vs. State of Kerala (2024) Read Post »

Supreme Court quashes rape FIR: Consensual Relationship Not Rape: Prashant vs. State of NCT of Delhi (2024) INSC 879

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 164, Code of Criminal Procedure, 1973 with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 376, Indian Penal Code, 1860 with Section 506, Offences Against Women

Supreme Court Quashes Rape FIR in Consensual Relationship Case: Prashant vs. State of NCT of Delhi (2024) INSC 879 LEGAL ISSUE: Whether a consensual relationship can be termed as rape if the relationship does not culminate into marriage. CASE TYPE: Criminal Law Case Name: Prashant vs. State of NCT of Delhi [Judgment Date]: 20 November

Supreme Court quashes rape FIR: Consensual Relationship Not Rape: Prashant vs. State of NCT of Delhi (2024) INSC 879 Read Post »

Supreme Court Clarifies Stamp Duty on Sale Certificates in Auction Sales: State of Punjab vs. M/s Ferrous Alloy Forgings (2024)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXI Rule 94, Registration Act, 1908, Registration Act, 1908 with Section 17(2)(xii), Registration Act, 1908 with Section 89(4), Stamp Act

Supreme Court Clarifies Stamp Duty on Sale Certificates in Auction Sales: State of Punjab vs. M/s Ferrous Alloy Forgings (2024) LEGAL ISSUE: Whether stamp duty is mandatory for a sale certificate issued to a successful auction purchaser. CASE TYPE: Civil Law, Auction Sales, Stamp Duty, Registration Act Case Name: The State of Punjab & Anr.

Supreme Court Clarifies Stamp Duty on Sale Certificates in Auction Sales: State of Punjab vs. M/s Ferrous Alloy Forgings (2024) Read Post »

Supreme Court Upholds Dismissal of Disciplinary Proceedings Initiated Post-Retirement: State Bank of India vs. Navin Kumar Sinha (2024) INSC 874 (19 November 2024)

/ Disciplinary Proceedings, Retirement, Service Law, State Bank of India Act, 1955, State Bank of India Act, 1955 with Section 43, State Bank of India Service Rules, 1992

Supreme Court Upholds Dismissal of Disciplinary Proceedings Initiated Post-Retirement Date of the Judgment: 19 November 2024 Citation: (2024) INSC 874 Judges: Abhay S. Oka, J. and Ujjal Bhuyan, J. Can a disciplinary proceeding initiated against a bank officer after their retirement be considered valid? The Supreme Court of India recently addressed this critical question in

Supreme Court Upholds Dismissal of Disciplinary Proceedings Initiated Post-Retirement: State Bank of India vs. Navin Kumar Sinha (2024) INSC 874 (19 November 2024) Read Post »

Supreme Court Upholds Mortgage by Conditional Sale: Leela Agrawal vs. Sarkar & Anr. (2024)

/ Mortgage by Conditional Sale, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 34, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 58

Supreme Court Upholds Mortgage by Conditional Sale: Leela Agrawal vs. Sarkar & Anr. (2024) LEGAL ISSUE: Whether a mortgage deed with a clause converting it into a sale upon default of payment is a mortgage by conditional sale or a simple mortgage. CASE TYPE: Property Law. Case Name: Leela Agrawal vs. Sarkar & Anr. Judgment

Supreme Court Upholds Mortgage by Conditional Sale: Leela Agrawal vs. Sarkar & Anr. (2024) Read Post »

Supreme Court Upholds Citizen’s Property Rights Against State’s Adverse Possession Claim: State of Haryana vs. Amin Lal (2024) INSC 875 (19 November 2024)

/ Adverse Possession, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VIII Rule 5, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 110, Indian Evidence Act, 1872 with Section 35, Limitation Act, 1963, Limitation Act, 1963 with Article 65, Property Law, State and Property Rights

Supreme Court Upholds Citizen’s Property Rights Against State’s Adverse Possession Claim Date of the Judgment: 19 November 2024 Citation: 2024 INSC 875 Judges: Vikram Nath, J., Prasanna B. Varale, J. Can a state claim ownership of a citizen’s property through adverse possession? The Supreme Court of India recently addressed this critical question in a case

Supreme Court Upholds Citizen’s Property Rights Against State’s Adverse Possession Claim: State of Haryana vs. Amin Lal (2024) INSC 875 (19 November 2024) Read Post »

Supreme Court quashes penalty for lack of evidence in disciplinary proceedings: Satyendra Singh vs. State of Uttar Pradesh (2024)

/ Constitutional Law, Constitutional Law with Article 226, Disciplinary Proceedings, Major Penalty, Natural Justice, Service Law, Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999, Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999 with Rule 37, Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999 with Rule 7

Supreme Court quashes penalty for lack of evidence in disciplinary proceedings: Satyendra Singh vs. State of Uttar Pradesh (2024) Date of the Judgment: 18 November 2024 Citation: 2024 INSC 873 Judges: Pamidighantam Sri Narasimha, J. and Sandeep Mehta, J. Can a disciplinary authority impose a major penalty on a government servant without recording any oral

Supreme Court quashes penalty for lack of evidence in disciplinary proceedings: Satyendra Singh vs. State of Uttar Pradesh (2024) Read Post »

Supreme Court allows counting of work-charged service for Proficiency Step-Up Scheme: Gurmeet Singh vs. State of Punjab (2024)

/ Constitutional Law, Constitutional Law with Article 14, Service Law, Service Law with Government Circular dated 1st December, 1988, Service Law with Policy Circular dated 13th March, 1996, Work-Charged Employees

Supreme Court Allows Counting of Work-Charged Service for Proficiency Step-Up Scheme: Gurmeet Singh vs. State of Punjab (2024) Date of the Judgment: November 18, 2024 Citation: 2024 INSC 872 Judges: Pamidighantam Sri Narasimha, J., Sandeep Mehta, J. Can prior service in a work-charged establishment be counted towards benefits under the Proficiency Step-Up Scheme? The Supreme

Supreme Court allows counting of work-charged service for Proficiency Step-Up Scheme: Gurmeet Singh vs. State of Punjab (2024) Read Post »

Supreme Court Upholds Settlement Deed in Property Dispute: Ramachandra Reddy vs. Ramulu Ammal (2024)

/ Consideration, Contract Law, Gift Deed, Indian Contract Act, 1872 with Section 2(d), Property Law, Settlement Deed, Transfer of Property Act, 1882 with Section 122

Supreme Court Upholds Settlement Deed in Property Dispute: Ramachandra Reddy vs. Ramulu Ammal (2024) LEGAL ISSUE: Whether a deed transferring property among family members constitutes a gift or a settlement deed, and the implications for property rights. CASE TYPE: Civil Property Law Case Name: Ramachandra Reddy (Dead) Thr. Lrs. & Ors. vs. Ramulu Ammal (Dead)

Supreme Court Upholds Settlement Deed in Property Dispute: Ramachandra Reddy vs. Ramulu Ammal (2024) Read Post »

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