Author name: G.R. Hari

Supreme Court clarifies the causal connection requirement for disability pension in Armed Forces: The Secretary, Government of India vs. Dharambir Singh (20 September 2019)

/ Army Act, 1950, Army Act, 1950 with Section 3, Army Act, 1950 with Section 9, Disability Pension, Entitlement Rules for Casualty Pensionary Awards, 1982, Hemant Gupta, Judges, L. Nageswara Rao, Service Law

Supreme Court Clarifies Disability Pension Rules for Armed Forces Personnel on Leave LEGAL ISSUE: Whether a disability sustained by an Armed Forces personnel while on leave is attributable to military service and thus qualifies for disability pension. CASE TYPE: Service Law – Disability Pension Case Name: The Secretary, Government of India & Ors. vs. Dharambir […]

Supreme Court clarifies the causal connection requirement for disability pension in Armed Forces: The Secretary, Government of India vs. Dharambir Singh (20 September 2019) Read Post »

Supreme Court Strikes Down Section 3J of National Highways Act: Upholds Solatium and Interest for Land Acquisition (2019)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 31-C, Fundamental Rights, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 23(1A) and (2), National Highways Act, 1956, National Highways Act, 1956 with Section 3A, National Highways Act, 1956 with Section 3D(2), National Highways Act, 1956 with Section 3J, R.F. Nariman, Surya Kant

Supreme Court Strikes Down Section 3J of National Highways Act: Upholds Solatium and Interest for Land Acquisition (2019) LEGAL ISSUE: Whether the denial of solatium and interest for land acquired under the National Highways Act, 1956, violates Article 14 of the Constitution of India. CASE TYPE: Land Acquisition, Constitutional Law Case Name: Union of India

Supreme Court Strikes Down Section 3J of National Highways Act: Upholds Solatium and Interest for Land Acquisition (2019) Read Post »

Supreme Court Upholds Auction Cancellation in Property Sale Case: Sankalp Recreation vs. Union of India (2019)

/ Auction Law, Cancellation of Auction, Income Tax Act, 1961, Income Tax Act, 1961 with Section 269UD(1), Judges, R. F. Nariman, Surya Kant

Supreme Court Upholds Auction Cancellation in Property Sale Case: Sankalp Recreation vs. Union of India (2019) LEGAL ISSUE: Whether the cancellation of an auction process by the government, despite a highest bid above the reserve price, is valid. CASE TYPE: Civil Appeal, Property Law, Auction Law. Case Name: Sankalp Recreation Private Limited vs. Union of

Supreme Court Upholds Auction Cancellation in Property Sale Case: Sankalp Recreation vs. Union of India (2019) Read Post »

Supreme Court Directs Refund of Security Deposit in Dealership Termination Case: Indian Oil Corporation vs. Lala Bhairo Prasad Saraf and Sons (2019)

/ A.S. Bopanna, Administrative Law, Contract Law, Contract Law with Breach of Contract, Dealership Agreements, Judges, Principles of Natural Justice, R. Banumathi

Supreme Court Directs Refund of Security Deposit in Dealership Termination Case: Indian Oil Corporation vs. Lala Bhairo Prasad Saraf and Sons (2019) LEGAL ISSUE: Whether the High Court was right in setting aside the termination of a dealership on the ground of violation of principles of natural justice, and the appropriate remedy in such cases.

Supreme Court Directs Refund of Security Deposit in Dealership Termination Case: Indian Oil Corporation vs. Lala Bhairo Prasad Saraf and Sons (2019) Read Post »

Supreme Court overturns conviction in murder case: Smt. Gargi vs. State of Haryana (2019)

/ A.M. Khanwilkar, Dinesh Maheshwari, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 106, Indian Evidence Act, 1872 with Section 32(1), Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body

Supreme Court overturns conviction in murder case: Smt. Gargi vs. State of Haryana (2019) Date of the Judgment: 19th September 2019 Citation: 2019 INSC 917 Judges: A.M. Khanwilkar, J., Dinesh Maheshwari, J. Can a conviction for murder be upheld solely on circumstantial evidence, even when significant doubts exist about the prosecution’s case? The Supreme Court

Supreme Court overturns conviction in murder case: Smt. Gargi vs. State of Haryana (2019) Read Post »

Supreme Court Upholds Maintenance Rights of Divorced Women: Dr. Swapan Kumar Banerjee vs. State of West Bengal (2019)

/ Aniruddha Bose, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 125, Deepak Gupta, Judges, Maintenance

Supreme Court Upholds Maintenance Rights of Divorced Women: Dr. Swapan Kumar Banerjee vs. State of West Bengal (2019) LEGAL ISSUE: Whether a wife, divorced on the grounds of desertion, is entitled to claim maintenance under Section 125 of the Code of Criminal Procedure, 1973. CASE TYPE: Criminal Case Name: Dr. Swapan Kumar Banerjee vs. The

Supreme Court Upholds Maintenance Rights of Divorced Women: Dr. Swapan Kumar Banerjee vs. State of West Bengal (2019) Read Post »

Supreme Court Upholds Gift Deed Validity: Illoth Valappil Ambunhi vs. Kunhambu Karanavan (2019)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Gifts, Indira Banerjee, Judges, Limitation Act, Limitation Act with Article 59, Limitation Act with Section 27, Sanjiv Khanna, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 126, Transfer of Property Act, 1882 with Section 127

Supreme Court Upholds Gift Deed Validity: Illoth Valappil Ambunhi vs. Kunhambu Karanavan (2019) LEGAL ISSUE: Validity of a gift deed and its subsequent cancellation. CASE TYPE: Civil Law – Property Dispute Case Name: Illoth Valappil Ambunhi (D) By Lrs. vs Kunhambu Karanavan [Judgment Date]: 19 September 2019 Date of the Judgment: 19 September 2019 Citation:

Supreme Court Upholds Gift Deed Validity: Illoth Valappil Ambunhi vs. Kunhambu Karanavan (2019) Read Post »

Supreme Court Upholds Withdrawal of Excise Duty Exemption on Tobacco Products: Union of India vs. Unicorn Industries (2019)

/ Additional Duties of Excise (Goods of Special Importance) Act, 1957, Additional Duties of Excise (Goods of Special Importance) Act, 1957 with Section 3(3), Additional Duties of Excise (Textiles and Textile Articles) Act, 1978, Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 with Section 3(3), Arun Mishra, B.R. Gavai, Central Excise Act, 1944, Central Excise Act, 1944 with Section 5A, Judges, M. R. Shah

Supreme Court Upholds Withdrawal of Excise Duty Exemption on Tobacco Products: Union of India vs. Unicorn Industries (2019) LEGAL ISSUE: Whether the Union of India can withdraw an excise duty exemption on certain products, invoking public interest, despite having granted the exemption earlier. CASE TYPE: Excise Law Case Name: Union of India & Ors. vs.

Supreme Court Upholds Withdrawal of Excise Duty Exemption on Tobacco Products: Union of India vs. Unicorn Industries (2019) Read Post »

Supreme Court settles limitation for IBC applications: Gaurav Hargovindbhai Dave vs. Asset Reconstruction Company (2019)

/ Insolvency and Bankruptcy Code, 2016, Insolvency Law, Insolvency Law with Section 7, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137, Limitation Act, 1963 with Article 62, R. Subhash Reddy, R.F. Nariman, Surya Kant

Supreme Court Clarifies Limitation for IBC Applications: Gaurav Dave vs. Asset Reconstruction Company (2019) LEGAL ISSUE: Applicability of the Limitation Act to applications under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law Case Name: Gaurav Hargovindbhai Dave vs. Asset Reconstruction Company (India) Ltd. [Judgment Date]: 18 September 2019 Date

Supreme Court settles limitation for IBC applications: Gaurav Hargovindbhai Dave vs. Asset Reconstruction Company (2019) Read Post »

Supreme Court Upholds 25% Pre-Deposit for First Appeals under Punjab VAT Act: Tecnimont Pvt. Ltd. vs. State of Punjab (2019) INSC 793 (18 September 2019)

/ Appeals under Punjab Value Added Tax Act, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Indu Malhotra, Judges, Punjab Value Added Tax Act, 2005, Punjab Value Added Tax Act, 2005 with Section 62, Uday Umesh Lalit

Supreme Court Upholds 25% Pre-Deposit for First Appeals under Punjab VAT Act Date of the Judgment: 18 September 2019 Citation: (2019) INSC 793 Judges: Uday Umesh Lalit, J., Indu Malhotra, J. Can a tax appeal be dismissed if the appellant doesn’t deposit a portion of the tax demanded? The Supreme Court recently addressed this question,

Supreme Court Upholds 25% Pre-Deposit for First Appeals under Punjab VAT Act: Tecnimont Pvt. Ltd. vs. State of Punjab (2019) INSC 793 (18 September 2019) Read Post »

Supreme Court on Mandatory Leave for Section 92 CPC Suits: Bhupinder Singh vs. Joginder Singh (2019)

/ Aniruddha Bose, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 92, Deepak Gupta, Judges, Public Trust

Supreme Court on Mandatory Leave for Section 92 CPC Suits: Bhupinder Singh vs. Joginder Singh (2019) LEGAL ISSUE: Whether prior leave of the court is mandatory before instituting a suit under Section 92 of the Code of Civil Procedure, 1908, concerning public trusts. CASE TYPE: Civil Law, Public Trust Case Name: Bhupinder Singh vs. Joginder

Supreme Court on Mandatory Leave for Section 92 CPC Suits: Bhupinder Singh vs. Joginder Singh (2019) Read Post »

Supreme Court Clarifies Tenant Purchase Rights Under Maharashtra Tenancy Act: Vasant Ganpat Padave vs Anant Mahadev Sawant (2019) INSC 741 (18 September 2019)

/ Constitutional Law, Constitutional Law with Article 14, Judges, Maharashtra Tenancy and Agricultural Lands Act, 1948, Maharashtra Tenancy and Agricultural Lands Act, 1948 with Section 32, Maharashtra Tenancy and Agricultural Lands Act, 1948 with Section 32-F, R. Subhash Reddy, R.F. Nariman, Surya Kant, Tenant Rights

Supreme Court Clarifies Tenant Purchase Rights Under Maharashtra Tenancy Act LEGAL ISSUE: Whether a tenant’s right to purchase land under the Maharashtra Tenancy and Agricultural Lands Act, 1948 is affected if they are unaware of the landlord’s disability ceasing, specifically in cases of a widow’s death or a landlord’s mental or physical disability ceasing. CASE

Supreme Court Clarifies Tenant Purchase Rights Under Maharashtra Tenancy Act: Vasant Ganpat Padave vs Anant Mahadev Sawant (2019) INSC 741 (18 September 2019) Read Post »

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