Author name: G.R. Hari

Supreme Court Quashes Charges in Counterfeit Currency Case: Dipakbhai Jagdishchandra Patel vs. State of Gujarat (2019)

/ Admissions and Confessions, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 161, Code of Criminal Procedure, 1973 with Section 162, Constitutional Law, Constitutional Law with Article 20, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 25, Indian Evidence Act, 1872 with Section 30, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 489B, Indian Penal Code, 1860 with Section 489C, Judges, K.M. Joseph, Offences Relating to Currency Notes and Bank Notes, Statements to Police

Supreme Court Quashes Charges in Counterfeit Currency Case: Dipakbhai Jagdishchandra Patel vs. State of Gujarat (2019) LEGAL ISSUE: Admissibility of co-accused statements and the requirement of independent evidence for framing charges in counterfeit currency cases. CASE TYPE: Criminal Law Case Name: Dipakbhai Jagdishchandra Patel vs. State of Gujarat and Another [Judgment Date]: 24 April 2019 […]

Supreme Court Quashes Charges in Counterfeit Currency Case: Dipakbhai Jagdishchandra Patel vs. State of Gujarat (2019) Read Post »

Supreme Court clarifies the scope of Lok Adalat awards in property disputes: Cheriyath Jyothi vs. Sainudeen (24 April 2019)

/ A.M. Khanwilkar, Ajay Rastogi, Building Rules, Judges, Legal Services Authorities Act, 1987, Legal Services Authorities Act, 1987 with Section 19, Lok Adalat, Property Dispute, Property Law

Supreme Court Clarifies Scope of Lok Adalat Award in Property Dispute: Cheriyath Jyothi vs. Sainudeen (2019) Date of the Judgment: 24 April 2019 Citation: 2019 INSC 400 Judges: A.M. Khanwilkar, J., Ajay Rastogi, J. Can a Lok Adalat award that mandates the demolition of an existing structure be interpreted as a permanent ban on any

Supreme Court clarifies the scope of Lok Adalat awards in property disputes: Cheriyath Jyothi vs. Sainudeen (24 April 2019) Read Post »

Supreme Court Upholds Insurer’s Right to Repudiate Claim for Non-Disclosure of Previous Policy: Reliance Life Insurance Co Ltd vs. Rekhaben Nareshbhai Rathod (24 April 2019)

/ Dhananjaya Y Chandrachud, Duty of Disclosure, Hemant Gupta, Insurance Law, Insurance Law with Section 45, Judges, Material Fact

Supreme Court Upholds Insurer’s Right to Repudiate Claim for Non-Disclosure of Previous Policy: Reliance Life Insurance Co Ltd vs. Rekhaben Nareshbhai Rathod (2019) LEGAL ISSUE: Whether an insurer can repudiate a life insurance claim within two years of the policy’s commencement due to the insured’s failure to disclose a previous insurance policy. CASE TYPE: Consumer

Supreme Court Upholds Insurer’s Right to Repudiate Claim for Non-Disclosure of Previous Policy: Reliance Life Insurance Co Ltd vs. Rekhaben Nareshbhai Rathod (24 April 2019) Read Post »

Supreme Court clarifies Unearned Increase Liability in Property Transfers After Demerger: Delhi Development Authority vs. Nalwa Sons Investment Ltd. (2019)

/ A.M. Khanwilkar, Ajay Rastogi, Contract Law, Contract Law with Lease Agreement, Interpretation of Contracts, Judges, Leasehold Rights, Property Law, Property Law with Unearned Increase, Transfer of Property

Supreme Court Clarifies Unearned Increase Liability in Property Transfers After Demerger LEGAL ISSUE: Whether a transfer of leased property from one public limited company to another, its alter ego, following a demerger order, attracts unearned increase liability. CASE TYPE: Property Law, specifically concerning leasehold rights and transfer of property. Case Name: Delhi Development Authority vs.

Supreme Court clarifies Unearned Increase Liability in Property Transfers After Demerger: Delhi Development Authority vs. Nalwa Sons Investment Ltd. (2019) Read Post »

Supreme Court Denies Accident Claim: Heart Attack Not an ‘Accident’ Under Insurance Policy (24 April 2019)

/ Accident Benefit Clause, Accident Insurance, Accidental Death Benefit, Consumer Protection Act, 1986, Contract Law, Dhananjaya Y Chandrachud, Hemant Gupta, Insurance Law, Insurance Policy, Judges

Supreme Court Denies Accident Claim: Heart Attack Not an ‘Accident’ Under Insurance Policy (24 April 2019) Date of the Judgment: 24 April 2019 Citation: Civil Appeal No. 3413 of 2019 (Arising out of SLP (C) No. 32335 of 2016) Judges: Dr. Dhananjaya Y Chandrachud, J and Hemant Gupta, J Can a fall from a motorcycle

Supreme Court Denies Accident Claim: Heart Attack Not an ‘Accident’ Under Insurance Policy (24 April 2019) Read Post »

Supreme Court Upholds Compensation in Motor Accident Case: National Insurance Company Ltd. vs. Mannat Johal & Ors. (23 April 2019)

/ Abhay Manohar Sapre, Dinesh Maheshwari, Judges, Just Compensation, Motor Accident Compensation, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 168

Supreme Court Upholds Compensation in Motor Accident Case: National Insurance Company Ltd. vs. Mannat Johal & Ors. (2019) LEGAL ISSUE: Whether the compensation awarded by the High Court was just and adequate in a motor vehicle accident claim. CASE TYPE: Motor Vehicle Accident Compensation Case Name: National Insurance Company Ltd. vs. Mannat Johal & Ors.

Supreme Court Upholds Compensation in Motor Accident Case: National Insurance Company Ltd. vs. Mannat Johal & Ors. (23 April 2019) Read Post »

Supreme Court Reduces Sentence in NDPS Case: Shyam Prashad vs. State of Himachal Pradesh (23 April 2019)

/ Criminal Law, Judges, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 20(b)(ii)(c), R. Banumathi, R. Subhash Reddy, Sentencing

Supreme Court Reduces Sentence in NDPS Case: Shyam Prashad vs. State of Himachal Pradesh (2019) LEGAL ISSUE: Reduction of sentence under the Narcotic Drugs and Psychotropic Substances Act, 1985 based on mitigating circumstances. CASE TYPE: Criminal Law (Narcotics) Case Name: Shyam Prashad vs. The State of Himachal Pradesh Judgment Date: 23 April 2019 Introduction Date

Supreme Court Reduces Sentence in NDPS Case: Shyam Prashad vs. State of Himachal Pradesh (23 April 2019) Read Post »

Supreme Court Upholds Non-Impleadment of Parent Company in Industrial Dispute: Globe Ground India Employees Union vs. Lufthansa German Airlines (2019)

/ Corporate Veil, Impleadment of Parties, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 10, Judges, R. Banumathi, R. Subhash Reddy

Supreme Court Upholds Non-Impleadment of Parent Company in Industrial Dispute: Globe Ground India Employees Union vs. Lufthansa German Airlines (2019) Date of the Judgment: April 23, 2019 Citation: 2019 INSC 414 Judges: R. Banumathi, J., R. Subhash Reddy, J. Can a parent company be impleaded in an industrial dispute involving its subsidiary? The Supreme Court

Supreme Court Upholds Non-Impleadment of Parent Company in Industrial Dispute: Globe Ground India Employees Union vs. Lufthansa German Airlines (2019) Read Post »

Supreme Court Upholds High Court Decision on Cantonment Board’s Demolition Notices: Cantonment Board, Meerut & Anr. vs. Afzal (23 April 2019)

/ Administrative Law, Cantonments Act, 1924, Cantonments Act, 1924 with Section 185, Cantonments Act, 1924 with Section 274, Cantonments Act, 2006, Cantonments Act, 2006 with Section 360, Judges, Natural Justice, Procedural Fairness, R. Banumathi, R. Subhash Reddy

Cantonment Board’s Demolition Notices Quashed: Supreme Court Upholds High Court Decision Date of the Judgment: 23 April 2019 Citation: Not Available in the source. Judges: R. Banumathi, J. and R. Subhash Reddy, J. Can a local authority issue demolition notices without properly considering objections? The Supreme Court of India addressed this question in a batch

Supreme Court Upholds High Court Decision on Cantonment Board’s Demolition Notices: Cantonment Board, Meerut & Anr. vs. Afzal (23 April 2019) Read Post »

Supreme Court Upholds Mutual Transfers for SSA Teachers: State of Karnataka vs. Krishna Kumar (2019)

/ Arun Mishra, Judges, Navin Sinha, Service Law, Service Law with Karnataka Civil Services (Regulation of Transfers of Teachers) Act, 2007, Transfer of Teachers

Supreme Court Upholds Mutual Transfers for SSA Teachers: State of Karnataka vs. Krishna Kumar (2019) LEGAL ISSUE: Whether the State Government can allow mutual transfers of teachers under the Sarva Shiksha Abhiyan (SSA) scheme through executive orders, or if such transfers must be governed strictly by the Karnataka Civil Services (Regulation of Transfers of Teachers)

Supreme Court Upholds Mutual Transfers for SSA Teachers: State of Karnataka vs. Krishna Kumar (2019) Read Post »

Supreme Court Upholds Conviction in Double Murder Case: Nagji Odhavji Kumbhar vs. State of Gujarat (23 April 2019)

/ Criminal Law, Hemant Gupta, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, Murder, Offences Against Human Body, Private Defense, Sanjay Kishan Kaul

Supreme Court Upholds Conviction in Double Murder Case: Nagji Odhavji Kumbhar vs. State of Gujarat (2019) LEGAL ISSUE: Whether the accused acted in private defence and whether the conviction under Section 302 of the Indian Penal Code, 1860 was justified. CASE TYPE: Criminal Law – Murder Case Name: Nagji Odhavji Kumbhar & Anr. vs. State

Supreme Court Upholds Conviction in Double Murder Case: Nagji Odhavji Kumbhar vs. State of Gujarat (23 April 2019) Read Post »

Supreme Court clarifies distinction between mortgage by conditional sale and sale with repurchase option in property dispute: Dharmaji Shankar Shinde vs. Rajaram Shripad Joshi (23 April 2019)

/ Judges, Mortgage by Conditional Sale, R. Banumathi, R. Subhash Reddy, Sale with Condition to Repurchase, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 58

Supreme Court clarifies distinction between mortgage by conditional sale and sale with repurchase option LEGAL ISSUE: Whether a transaction is a mortgage by conditional sale or a sale with a condition to repurchase when the sale and agreement to repurchase are in the same document. CASE TYPE: Property Law Case Name: Dharmaji Shankar Shinde and

Supreme Court clarifies distinction between mortgage by conditional sale and sale with repurchase option in property dispute: Dharmaji Shankar Shinde vs. Rajaram Shripad Joshi (23 April 2019) Read Post »

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