Author name: G.R. Hari

Supreme Court clarifies the scope of ‘any property’ under Section 102 of CrPC: Nevada Properties Pvt. Ltd. vs. State of Maharashtra (24 September 2019)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 102, Criminal Investigation, Deepak Gupta, Indian Penal Code, Indian Penal Code with Section 22, Judges, Ranjan Gogoi, Sanjiv Khanna, Seizure of Property

Supreme Court Clarifies Scope of Police Power to Seize Property Under Section 102 CrPC Date of the Judgment: 24 September 2019 Citation: (2019) INSC 994 Judges: Ranjan Gogoi, CJI, Deepak Gupta, J., Sanjiv Khanna, J. Can police seize immovable property during an investigation based on suspicion of an offense? The Supreme Court of India addressed […]

Supreme Court clarifies the scope of ‘any property’ under Section 102 of CrPC: Nevada Properties Pvt. Ltd. vs. State of Maharashtra (24 September 2019) Read Post »

Supreme Court settles liability of Managing Director in Factories Act Violation: Subir Bose vs. Inspector of Factories (2019)

/ Criminal Law, Factories Act, 1948, Factories Act, 1948 with Section 37, Factories Act, 1948 with Section 38, Factories Act, 1948 with Section 92, Indu Malhotra, Judges, Plea of Guilt, Sanjiv Khanna, Sentencing

Supreme Court Settles Liability of Managing Director in Factories Act Violation: Subir Bose vs. Inspector of Factories (2019) LEGAL ISSUE: Liability of a Managing Director for violations under the Factories Act, 1948. CASE TYPE: Criminal Law. Case Name: Shri Subir Bose vs. Inspector of Factories. Judgment Date: 24 September 2019 Introduction Date of the Judgment:

Supreme Court settles liability of Managing Director in Factories Act Violation: Subir Bose vs. Inspector of Factories (2019) Read Post »

Supreme Court clarifies discretionary power of Rent Controller in striking out tenant’s defence in eviction cases: Dina Nath vs. Subhash Chand Saini (24 September 2019)

/ Ajay Rastogi, Arun Mishra, Delhi Rent Control Act, 1958, Delhi Rent Control Act, 1958 with Section 15(1), Delhi Rent Control Act, 1958 with Section 15(7), Eviction, Eviction Proceedings, Judges, M.R. Shah, Rent Control Law, Rent Payment, Tenant Protection

Supreme Court on Discretionary Power of Rent Controller in Striking Out Tenant’s Defence: Dina Nath vs. Subhash Chand Saini (2019) Date of the Judgment: 24 September 2019 Citation: Dina Nath (D) By Lrs & Anr. vs Subhash Chand Saini & Ors. CIVIL APPEAL NO(s). 4563 OF 2014 Judges: Arun Mishra, J., M.R. Shah, J., Ajay

Supreme Court clarifies discretionary power of Rent Controller in striking out tenant’s defence in eviction cases: Dina Nath vs. Subhash Chand Saini (24 September 2019) Read Post »

Supreme Court Upholds Gift Deed Validity in Property Dispute: Govindbhai Chhotabhai Patel & Ors. vs. Patel Ramanbhai Mathurbhai (23 September 2019)

/ Burden of Proof, Gifts, Hemant Gupta, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 68, Judges, L. Nageswara Rao, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 123

Supreme Court Upholds Gift Deed Validity: Govindbhai Chhotabhai Patel vs. Patel Ramanbhai Mathurbhai (2019) Date of the Judgment: 23 September 2019 Citation: (2019) INSC 938 Judges: L. Nageswara Rao, J., Hemant Gupta, J. Can a gift deed be challenged if the donor’s sons claim the property is ancestral? The Supreme Court of India addressed this

Supreme Court Upholds Gift Deed Validity in Property Dispute: Govindbhai Chhotabhai Patel & Ors. vs. Patel Ramanbhai Mathurbhai (23 September 2019) Read Post »

Supreme Court Directs Payment in Contempt Case: Kotak Mahindra Bank vs. Sanjiv Gupta (23 September 2019)

/ Aniruddha Bose, Contempt of Court, Deepak Gupta, Enforcement of Court Orders, Interim Orders, Judges, Non-Compliance of Court Orders, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 with Section 13, Security Interest (Enforcement) Rules, 2002

Supreme Court Directs Payment in Contempt Case: Kotak Mahindra Bank vs. Sanjiv Gupta (2019) LEGAL ISSUE: Whether a party is in contempt of court for not complying with an earlier order to pay a specific amount. CASE TYPE: Contempt of Court Case Name: Kotak Mahindra Bank Limited vs. Mr. Sanjiv Gupta & Others Judgment Date:

Supreme Court Directs Payment in Contempt Case: Kotak Mahindra Bank vs. Sanjiv Gupta (23 September 2019) Read Post »

Supreme Court Upholds Landlord’s Eviction Claim for Personal Use: D. Sasi Kumar vs. Soundararajan (2019)

/ A.S. Bopanna, Eviction, Judges, Property Law, R. Banumathi, Rent Control, Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 with Section 10(3)(a)(iii), Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 with Section 14(1)(b)

Supreme Court Upholds Landlord’s Eviction Claim for Personal Use: D. Sasi Kumar vs. Soundararajan (2019) LEGAL ISSUE: Whether a landlord’s claim for eviction for personal use is valid, and what is the relevant date for assessing this requirement. CASE TYPE: Rent Control / Property Law Case Name: D. Sasi Kumar vs. Soundararajan [Judgment Date]: September

Supreme Court Upholds Landlord’s Eviction Claim for Personal Use: D. Sasi Kumar vs. Soundararajan (2019) Read Post »

Supreme Court Allows Amendment of Plaint to Include Necessary Party in Property Dispute: Kamlesh Gupta vs. Mangat Rai (2019)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order I Rule 10, Code of Civil Procedure, 1908 with Order VI Rule 17, Code of Civil Procedure, 1908 with Section 151, Indira Banerjee, Judges, Mohan M. Shantanagoudar, Mortgage, Possession, Property Law

Supreme Court Allows Amendment of Plaint to Include Necessary Party in Property Dispute: Kamlesh Gupta vs. Mangat Rai (2019) LEGAL ISSUE: Whether a court can allow the amendment of a plaint to include a necessary party after the commencement of the trial. CASE TYPE: Civil Property Dispute Case Name: Kamlesh Gupta vs. Mangat Rai &

Supreme Court Allows Amendment of Plaint to Include Necessary Party in Property Dispute: Kamlesh Gupta vs. Mangat Rai (2019) Read Post »

Supreme Court clarifies evidence admissibility under Section 34 of the Arbitration Act in Canara Nidhi Limited vs. M. Shashikala (2019)

/ A.S. Bopanna, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration Proceedings, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 151, Grounds for Setting Aside Arbitral Award, Judges, R. Banumathi

Can Parties Adduce Evidence in Section 34 Arbitration Cases? Supreme Court Clarifies. Date of the Judgment: September 23, 2019 Citation: (2019) INSC 924 Judges: R. Banumathi, J. and A.S. Bopanna, J. Can parties present new evidence when challenging an arbitration award under Section 34 of the Arbitration and Conciliation Act, 1996? The Supreme Court addressed

Supreme Court clarifies evidence admissibility under Section 34 of the Arbitration Act in Canara Nidhi Limited vs. M. Shashikala (2019) Read Post »

Supreme Court clarifies scope of Liberalized Family Pension for Armed Forces personnel in non-combat deaths: Kanchan Dua vs. Union of India (23 September 2019)

/ Armed Forces, Armed Forces Tribunal, Government Notifications, Hemant Gupta, Instructions dated 31.01.2001, Judges, L. Nageswara Rao, Letter dated 24.02.1972, Liberalized Family Pension, Notification dated 07.05.1990, Pension, Service Law, Special Family Pension

Supreme Court Clarifies Liberalized Family Pension for Armed Forces: Kanchan Dua vs. Union of India (2019) LEGAL ISSUE: Whether the family of an Armed Forces personnel who died due to cardiac failure during a notified operation is entitled to Liberalized Family Pension. CASE TYPE: Service Law – Pension Case Name: Kanchan Dua vs. Union of

Supreme Court clarifies scope of Liberalized Family Pension for Armed Forces personnel in non-combat deaths: Kanchan Dua vs. Union of India (23 September 2019) Read Post »

Supreme Court Orders De Novo Inquiry in U.P. Lekhpal Dismissal Case (23 September 2019)

/ A.S. Bopanna, Civil Procedure, Disciplinary Proceedings, Judges, Principles of Natural Justice, R. Banumathi, Service Law, Uttar Pradesh Service Rules, Writ Petition

Supreme Court Orders De Novo Inquiry in U.P. Lekhpal Dismissal Case (23 September 2019) Date of the Judgment: 23 September 2019 Citation: (2019) INSC 954 Judges: R. Banumathi, J. and A.S. Bopanna, J. Can a disciplinary inquiry be deemed valid if the employee is not given a fair chance to present their case? The Supreme

Supreme Court Orders De Novo Inquiry in U.P. Lekhpal Dismissal Case (23 September 2019) Read Post »

Supreme Court settles the authority of Chief Judicial Magistrate under Section 14 of the SARFAESI Act in secured asset possession cases (23 September 2019)

/ A.M. Khanwilkar, Banking Law, Chief Judicial Magistrate, Chief Metropolitan Magistrate, Dinesh Maheshwari, Judges, SARFAESI Act, 2002, SARFAESI Act, 2002 with Section 37, Section 14, SARFAESI Act, 2002, Secured Creditor

Supreme Court Clarifies Powers Under Section 14 of SARFAESI Act: CJM Competent in Non-Metropolitan Areas LEGAL ISSUE: Whether the Chief Judicial Magistrate (CJM) is competent to process requests from secured creditors to take possession of secured assets under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

Supreme Court settles the authority of Chief Judicial Magistrate under Section 14 of the SARFAESI Act in secured asset possession cases (23 September 2019) Read Post »

Supreme Court overturns discharge based on red ink entries in Army: Narain Singh vs. Union of India (2019)

/ Army Rules, 1954, Arun Mishra, B. R. Gavai, Discharge from Service, Judges, M. R. Shah, Pensionable Service, Rule 13(3)(III)(v), Army Rules, 1954, Service Law

Supreme Court overturns discharge based on red ink entries in Army: Narain Singh vs. Union of India (2019) Date of the Judgment: September 20, 2019 Citation: [Not Available in Source] Judges: Arun Mishra J., M. R. Shah J., and B. R. Gavai J. Can a soldier be discharged from service solely based on a few

Supreme Court overturns discharge based on red ink entries in Army: Narain Singh vs. Union of India (2019) Read Post »

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