Author name: G.R. Hari

Supreme Court Clarifies Grant-in-Aid Eligibility Post Repeal of 1994 Order: State of Odisha vs. Anup Kumar Senapati (2019)

/ Arun Mishra, Constitutional Law, Constitutional Law with Article 14, General Clauses Act, 1897, General Clauses Act, 1897 with Section 6, Judges, M.R. Shah, Orissa Education Act, 1969, Orissa Education Act, 1969 with Section 7-C, Right to Equality, S. Abdul Nazeer

Supreme Court Clarifies Grant-in-Aid Eligibility Post Repeal of 1994 Order: State of Odisha vs. Anup Kumar Senapati (2019) LEGAL ISSUE: Whether employees are entitled to claim grant-in-aid under the Orissa (Non-Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-aid Order, 1994 after its repeal in 2004. CASE TYPE: Education Law, Grant-in-Aid Case Name: State of […]

Supreme Court Clarifies Grant-in-Aid Eligibility Post Repeal of 1994 Order: State of Odisha vs. Anup Kumar Senapati (2019) Read Post »

Supreme Court Upholds Dismissal Despite Acquittal in Corruption Case: Karnataka Power Transmission Corporation Ltd. vs. Sri C. Nagaraju (2019)

/ Departmental Inquiry, Disciplinary Proceedings, Hemant Gupta, Judges, L. Nageswara Rao, 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 7, Service Conduct Rules, Service Law

Supreme Court Upholds Dismissal Despite Acquittal in Corruption Case: Karnataka Power Transmission Corporation Ltd. vs. Sri C. Nagaraju (2019) LEGAL ISSUE: Whether a departmental inquiry can proceed and result in dismissal even after a criminal court acquits the employee on the same charges. CASE TYPE: Service Law (Disciplinary Proceedings) Case Name: Karnataka Power Transmission Corporation

Supreme Court Upholds Dismissal Despite Acquittal in Corruption Case: Karnataka Power Transmission Corporation Ltd. vs. Sri C. Nagaraju (2019) Read Post »

Supreme Court clarifies jurisdiction of Consumer Forums over statutory dues in deficiency of service: Punjab Urban Planning and Development Authority vs. Vidya Chetal (2019) INSC 851 (16 September 2019)

/ Ajay Rastogi, Consumer Forums, Consumer Law, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(1)(g), Consumer Protection Act, 1986 with Section 2(1)(o), Deficiency in Service, Judges, Mohan M. Shantanagoudar, N.V. Ramana, Statutory Dues

Supreme Court Clarifies Consumer Forum Jurisdiction over Statutory Dues in Service Deficiency Cases Date of the Judgment: 16 September 2019 Citation: (2019) INSC 851 Judges: N.V. Ramana, J., Mohan M. Shantanagoudar, J., Ajay Rastogi, J. Can consumer forums decide if a statutory body’s demand for fees is justified? The Supreme Court of India addressed this

Supreme Court clarifies jurisdiction of Consumer Forums over statutory dues in deficiency of service: Punjab Urban Planning and Development Authority vs. Vidya Chetal (2019) INSC 851 (16 September 2019) Read Post »

Supreme Court Upholds Dismissal of Judicial Officer for Misconduct: Shrirang Yadavrao Waghmare vs. State of Maharashtra (2019)

/ Aniruddha Bose, Deepak Gupta, Disciplinary Proceedings, Impartiality, Integrity, Judges, Judicial Ethics, Maharashtra Civil Services (Discipline and Appeal) Rules, 1979, Service Law, Service Law with Rule 5

Supreme Court Upholds Dismissal of Judicial Officer for Misconduct: Shrirang Yadavrao Waghmare vs. State of Maharashtra (2019) LEGAL ISSUE: Whether the dismissal of a judicial officer for misconduct, specifically for showing favoritism due to a personal relationship, is justified. CASE TYPE: Service Law Case Name: Shrirang Yadavrao Waghmare vs. The State of Maharashtra and Ors.

Supreme Court Upholds Dismissal of Judicial Officer for Misconduct: Shrirang Yadavrao Waghmare vs. State of Maharashtra (2019) Read Post »

Supreme Court Upholds Housing Board’s Allotment Price After Acceptance: Bihar State Housing Board vs. Radha Ballabh Health Care (2019)

/ Constitutional Law, Constitutional Law with Article 14, Contract Law, Estoppel, Fundamental Rights, Hemant Gupta, Judges, L. Nageswara Rao, Public Property Allotment, Specific Performance

Supreme Court Upholds Housing Board’s Allotment Price After Acceptance: Bihar State Housing Board vs. Radha Ballabh Health Care (2019) LEGAL ISSUE: Whether a party can dispute an allotment price after accepting it multiple times and entering into a formal agreement. CASE TYPE: Real Estate/Contract Law Case Name: The Bihar State Housing Board & Ors. vs.

Supreme Court Upholds Housing Board’s Allotment Price After Acceptance: Bihar State Housing Board vs. Radha Ballabh Health Care (2019) Read Post »

Supreme Court Upholds Conviction in Army Pistol Theft Case: Union of India vs. Sandeep Kumar (2019)

/ Army Act, 1950, Army Act, 1950 with Section 133, Army Act, 1950 with Section 52(a), Hemant Gupta, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 25, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 34, Judges, L. Nageswara Rao

Supreme Court Upholds Conviction in Army Pistol Theft Case: Union of India vs. Sandeep Kumar (2019) LEGAL ISSUE: Admissibility of Confessional Statements and the scope of powers of the Armed Forces Tribunal to overturn decisions of a District Court Martial. CASE TYPE: Criminal (Armed Forces Law) Case Name: Union of India & Ors. vs. Sandeep

Supreme Court Upholds Conviction in Army Pistol Theft Case: Union of India vs. Sandeep Kumar (2019) Read Post »

Supreme Court Restores Trial Court Order on Temple Trusteeship: S. Bhaskaran vs. Sebastian (2019)

/ Ajay Rastogi, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 47, Execution of Decree, Judges, Jurisdiction of Executing Court, Mohan M. Shantanagoudar, N.V. Ramana

Supreme Court Restores Trial Court Order on Temple Trusteeship: S. Bhaskaran vs. Sebastian (2019) LEGAL ISSUE: Whether an executing court can go beyond the original decree and re-examine issues already decided in the original suit. CASE TYPE: Civil Case Name: S. Bhaskaran vs. Sebastian (Dead) By Lrs. & Ors. [Judgment Date]: 13 September 2019 Date

Supreme Court Restores Trial Court Order on Temple Trusteeship: S. Bhaskaran vs. Sebastian (2019) Read Post »

Supreme Court Sets Aside Bail in Serious Fraud Case: SFIO vs. Nittin Johari (2019)

/ Ajay Rastogi, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 439, Companies Act, 2013, Companies Act, 2013 with Section 212, Companies Act, 2013 with Section 447, Judges, Mohan M. Shantanagoudar, N.V. Ramana

Supreme Court Sets Aside Bail in Serious Fraud Case: SFIO vs. Nittin Johari (2019) LEGAL ISSUE: Whether the High Court correctly granted bail to the accused in a case involving serious economic offenses, considering the mandatory conditions under Section 212(6)(ii) of the Companies Act, 2013 and general principles for bail under Section 439 of the

Supreme Court Sets Aside Bail in Serious Fraud Case: SFIO vs. Nittin Johari (2019) Read Post »

Supreme Court Limits Labour Court’s Power in Wage Disputes: Rai Bahadur Narain Singh Sugar Mills Ltd. vs. Mangey Ram (2019)

/ A.S. Bopanna, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 33-C(2), Judges, Labour Law, R. Banumathi, Reinstatement, Wage Disputes

Supreme Court Limits Labour Court’s Power in Wage Disputes: Rai Bahadur Narain Singh Sugar Mills Ltd. vs. Mangey Ram (2019) LEGAL ISSUE: Scope of Labour Court’s power under Section 33-C(2) of the Industrial Disputes Act, 1947 in wage disputes. CASE TYPE: Industrial Dispute (Labour Law). Case Name: Rai Bahadur Narain Singh Sugar Mills Ltd. vs.

Supreme Court Limits Labour Court’s Power in Wage Disputes: Rai Bahadur Narain Singh Sugar Mills Ltd. vs. Mangey Ram (2019) Read Post »

Supreme Court clarifies teacher eligibility: Rajasthan Recruitment Case (2019)

/ Judges, K.M. Joseph, Rajasthan Panchayati Raj Rules, 1996, Rajasthan Panchayati Raj Rules, 1996 with Rule 266, Recruitment, Right of Children to Free and Compulsory Education Act, 2009, Right of Children to Free and Compulsory Education Act, 2009 with Section 23, Sanjay Kishan Kaul, Service Law, Teacher Eligibility

Supreme Court Clarifies Teacher Eligibility: Rajasthan Recruitment Case (2019) LEGAL ISSUE: Whether a proviso allowing candidates who have appeared for an exam to apply for a teaching post, despite not having the qualification on the application deadline, remains valid after the main rule it modifies is substituted. CASE TYPE: Service Law (Recruitment) Case Name: The

Supreme Court clarifies teacher eligibility: Rajasthan Recruitment Case (2019) Read Post »

Supreme Court clarifies the definition of ‘establishment’ for EPF Act exemption: Shree Vishal Printers vs. RPFC (2019)

/ Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 with Section 16(1)(d), Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 with Section 2A, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 25E(iii), Judges, K.M. Joseph, Sanjay Kishan Kaul

Supreme Court clarifies the definition of ‘establishment’ for EPF Act exemption: Shree Vishal Printers vs. RPFC (2019) LEGAL ISSUE: Whether multiple entities can be considered a single ‘establishment’ under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, thereby disqualifying them from exemption. CASE TYPE: Labour Law (Employees’ Provident Fund) Case Name: M/s. Shree Vishal

Supreme Court clarifies the definition of ‘establishment’ for EPF Act exemption: Shree Vishal Printers vs. RPFC (2019) Read Post »

Supreme Court Overturns Labour Court Award on Voluntary Separation Scheme: General Manager, Electrical Rengali Hydro Electric Project vs. Sri Giridhari Sahu (2019)

/ Fraud, Indian Contract Act, 1872, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 33, Industrial Disputes Act, 1947 with Section 33A, Judges, K.M. Joseph, Misrepresentation, Sanjay Kishan Kaul

Supreme Court Overturns Labour Court Award on Voluntary Separation Scheme: General Manager, Electrical Rengali Hydro Electric Project vs. Sri Giridhari Sahu (2019) LEGAL ISSUE: Whether a Labour Court can order reinstatement of employees who voluntarily opted for a Voluntary Separation Scheme (VSS). CASE TYPE: Industrial Dispute Case Name: General Manager, Electrical Rengali Hydro Electric Project,

Supreme Court Overturns Labour Court Award on Voluntary Separation Scheme: General Manager, Electrical Rengali Hydro Electric Project vs. Sri Giridhari Sahu (2019) Read Post »

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