Author name: G.R. Hari

Supreme Court overturns conviction in murder case due to weak circumstantial evidence: Karakkattu Muhammed Basheer vs. State of Kerala (2024) INSC 838 (5 November 2024)

/ Burden of Proof, Circumstantial Evidence, Criminal Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 201, Indian Penal Code, 1860 with Section 302

Supreme Court overturns conviction in murder case due to weak circumstantial evidence: Karakkattu Muhammed Basheer vs. State of Kerala (2024) INSC 838 (5 November 2024) LEGAL ISSUE: Whether the prosecution established an unbroken chain of circumstantial evidence to prove the guilt of the accused in a murder case. CASE TYPE: Criminal Case Name: Karakkattu Muhammed […]

Supreme Court overturns conviction in murder case due to weak circumstantial evidence: Karakkattu Muhammed Basheer vs. State of Kerala (2024) INSC 838 (5 November 2024) Read Post »

Supreme Court Upholds Regulatory Powers of Madarsa Act: Anjum Kadari & Anr. vs. Union of India & Ors. (2024) INSC 831 (05 November 2024)

/ Constitutional Law, Constitutional Law with Article 14, Education Law, Education Law with UGC Act, 1956, Fundamental Rights, Regulatory Framework for Education, Rights of Minorities

Supreme Court Upholds Madarsa Act, Emphasizes Regulatory Powers and Minority Rights Date of the Judgment: 05 November 2024 Citation: (2024) INSC 831 Judges: Dr Dhananjaya Y Chandrachud, CJI, J B Pardiwala, J, Manoj Misra, J Can the state regulate minority educational institutions while respecting their rights? The Supreme Court of India recently addressed this critical

Supreme Court Upholds Regulatory Powers of Madarsa Act: Anjum Kadari & Anr. vs. Union of India & Ors. (2024) INSC 831 (05 November 2024) Read Post »

Supreme Court Enhances Compensation for Child Accident Victim: Rushi Thapa vs. Oriental Insurance Co. Ltd. (2024)

/ Accident Law, Child Victims, Compensation, Motor Accident Claims Tribunal, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 166, Personal Injury, Road Accidents

Supreme Court Enhances Compensation for Child Accident Victim: Rushi Thapa vs. Oriental Insurance Co. Ltd. (2024) Date of the Judgment: November 5, 2024 Citation: 2024 INSC 837 Judges: Justice Sanjiv Khanna and Justice Sanjay Kumar Can a child’s future earning potential be fairly assessed when they are permanently disabled in an accident? The Supreme Court

Supreme Court Enhances Compensation for Child Accident Victim: Rushi Thapa vs. Oriental Insurance Co. Ltd. (2024) Read Post »

Supreme Court Upholds Resolution Plan, Prioritizing IBC Over SEZ Act: Noida SEZ vs. Manish Agarwal (2024)

/ Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238, Insolvency and Bankruptcy Code, 2016 with Section 30, Special Economic Zone Act, 2005, Special Economic Zone Act, 2005 with Section 34(2)(d)

Supreme Court Upholds Resolution Plan, Prioritizing IBC Over SEZ Act: Noida SEZ vs. Manish Agarwal (2024) LEGAL ISSUE: Whether the Insolvency and Bankruptcy Code, 2016 (IBC) overrides the Special Economic Zone Act, 2005 (SEZ Act) in the context of a resolution plan. CASE TYPE: Insolvency Law Case Name: Noida Special Economic Zone Authority vs. Manish

Supreme Court Upholds Resolution Plan, Prioritizing IBC Over SEZ Act: Noida SEZ vs. Manish Agarwal (2024) Read Post »

Supreme Court on Quashing Criminal Proceedings Based on Settlement in Heinous Offences: XYZ vs. State of Gujarat (2024)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Constitutional Law, Constitutional Law with Article 226, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 376(2)(N), Indian Penal Code, 1860 with Section 506, Offences Against Women, Offences under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Quashing of Criminal Proceedings, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

Supreme Court on Quashing Criminal Proceedings Based on Settlement in Heinous Offences: XYZ vs. State of Gujarat (2024) LEGAL ISSUE: Whether a High Court can quash criminal proceedings of non-compoundable offences based on a settlement without verifying the genuineness of the settlement, especially in cases involving serious offences against women. CASE TYPE: Criminal Law Case

Supreme Court on Quashing Criminal Proceedings Based on Settlement in Heinous Offences: XYZ vs. State of Gujarat (2024) Read Post »

Supreme Court Ensures Uniform Pension Benefits for High Court Judges: Justice Shailendra Singh vs. Union of India (2024)

/ Constitutional Law, Constitutional Law with Article 216, Constitutional Law with Article 221, Fundamental Rights, High Court Judges Act 1954 with Section 20, Pension Benefits, Service Conditions, Service Law

Supreme Court Ensures Uniform Pension Benefits for High Court Judges: Justice Shailendra Singh vs. Union of India (2024) LEGAL ISSUE: Whether High Court judges who were previously members of the district judiciary are entitled to the same General Provident Fund benefits as judges appointed directly from the Bar. CASE TYPE: Service Law, Constitutional Law Case

Supreme Court Ensures Uniform Pension Benefits for High Court Judges: Justice Shailendra Singh vs. Union of India (2024) Read Post »

Supreme Court Reinstates Technical Grade-II Employees: Mukul Kumar Tyagi vs. State of Uttar Pradesh (2024)

/ Constitutional Law, Constitutional Law with Article 16, Eligibility Criteria, Public Employment, Recruitment Rules, Service Law

Supreme Court Reinstates Technical Grade-II Employees: Mukul Kumar Tyagi vs. State of Uttar Pradesh (2024) LEGAL ISSUE: Whether candidates possessing a Computer Concepts Certificate (CCC) at the time of interview, but not on the last date of application, are eligible for appointment. CASE TYPE: Service Law Case Name: Mukul Kumar Tyagi vs. The State of

Supreme Court Reinstates Technical Grade-II Employees: Mukul Kumar Tyagi vs. State of Uttar Pradesh (2024) Read Post »

Supreme Court clarifies maintainability of second complaint after acceptance of negative final report: Subrata Choudhury vs. State of Assam (2024) INSC 834 (05 November 2024)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 173, Code of Criminal Procedure, 1973 with Section 300, Complaints, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 406, Indian Penal Code, 1860 with Section 420, Offences Related to Property

Supreme Court clarifies maintainability of second complaint after acceptance of negative final report: Subrata Choudhury vs. State of Assam (2024) INSC 834 (05 November 2024) LEGAL ISSUE: Whether a second complaint is maintainable after a negative final report has been accepted by a Magistrate, and a protest petition has been rejected. CASE TYPE: Criminal Law

Supreme Court clarifies maintainability of second complaint after acceptance of negative final report: Subrata Choudhury vs. State of Assam (2024) INSC 834 (05 November 2024) Read Post »

Supreme Court Upholds Kerala PSC’s Original Qualification Criteria for Lower Division Clerk Posts: Anoop M. vs. Gireeshkumar T.M. (2024)

/ Kerala State and Subordinate Service Rules, 1958, Kerala State and Subordinate Service Rules, 1958 with Rule 10, Kerala State and Subordinate Service Rules, 1958 with Rule 6, Recruitment, Service Law, Service Law with Rule 10(a)(ii)

Supreme Court Upholds Kerala PSC’s Original Qualification Criteria for Lower Division Clerk Posts: Anoop M. vs. Gireeshkumar T.M. (2024) LEGAL ISSUE: Whether candidates with higher qualifications, such as a Diploma in Computer Applications (DCA), can be considered eligible for the post of Lower Division Clerk (LDC) when the prescribed qualification is a Certificate in Data

Supreme Court Upholds Kerala PSC’s Original Qualification Criteria for Lower Division Clerk Posts: Anoop M. vs. Gireeshkumar T.M. (2024) Read Post »

Supreme Court Clarifies Applicability of Limitation Period under Electricity Act in Dues Recovery Cases: Madhya Pradesh Madhya Kshetra Vidyut Vitran Company Limited vs. Bapuna Alcobrew Private Limited (2024) INSC 829 (4 November 2024)

/ Civil Procedure, Electricity Act, 1910, Electricity Act, 2003, Electricity Law, Electricity Law with Section 56(2), Issue Estoppel, Limitation Act, 1963, Limitation Law, Limitation Law with Article 15, Res Judicata

Supreme Court Clarifies Applicability of Limitation Period under Electricity Act in Dues Recovery Cases Date of the Judgment: 4 November 2024 Citation: (2024) INSC 829 Judges: Dipankar Datta, J., Pankaj Mithal, J. Can a power distribution company recover dues from a consumer after a significant delay, even if the relevant electricity act doesn’t specify a

Supreme Court Clarifies Applicability of Limitation Period under Electricity Act in Dues Recovery Cases: Madhya Pradesh Madhya Kshetra Vidyut Vitran Company Limited vs. Bapuna Alcobrew Private Limited (2024) INSC 829 (4 November 2024) Read Post »

Supreme Court clarifies the interplay between Arbitration Agreements and the Indian Stamp Act: In Re: Interplay between Arbitration Agreements (2023) INSC 1066 (13 December 2023)

/ Arbitration Agreements, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 16, Arbitration Law, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 2(g), Indian Contract Act, 1872 with Section 2(j), Indian Stamp Act, 1899, Indian Stamp Act, 1899 with Section 33, Indian Stamp Act, 1899 with Section 35

Date of the Judgment: 13 December 2023 Citation: (2023) INSC 1066 Judges: Dr Dhananjaya Y Chandrachud, CJI, Sanjay Kishan Kaul J, B R Gavai J, Surya Kant J, J B Pardiwala J, Manoj Misra J. Can an arbitration agreement be considered invalid if the underlying contract is not properly stamped? The Supreme Court of India

Supreme Court clarifies the interplay between Arbitration Agreements and the Indian Stamp Act: In Re: Interplay between Arbitration Agreements (2023) INSC 1066 (13 December 2023) Read Post »

Supreme Court Ensures MBBS Admission for Disabled Student: Om Rathod vs. DGHS (2024)

/ Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Reasonable Accommodation, Rights of Persons with Disabilities Act, 2016, Rights of Persons with Disabilities Act, 2016 with Section 2(y), Rights of Persons with Disabilities Act, 2016 with Section 32

Supreme Court Ensures MBBS Admission for Disabled Student: Om Rathod vs. DGHS (2024) LEGAL ISSUE: Whether a person with a disability can be denied admission to an MBBS course based solely on a benchmark disability percentage, without assessing their functional competence and the potential of assistive devices. CASE TYPE: Disability Rights, Medical Education Case Name:

Supreme Court Ensures MBBS Admission for Disabled Student: Om Rathod vs. DGHS (2024) Read Post »

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