Author name: G.R. Hari

Supreme Court Upholds Arbitral Award: MMTC Ltd. vs. Vedanta Ltd. (2019)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37, Arbitration Law, Contract Law, Interpretation of Contracts, Judges, Mohan M. Shantanagoudar, Vineet Saran

Supreme Court Upholds Arbitral Award: MMTC Ltd. vs. Vedanta Ltd. (2019) Date of the Judgment: February 18, 2019 Citation: [Not Available in Source] Judges: Mohan M. Shantanagoudar, J., Vineet Saran, J. Can a party avoid an arbitration award by claiming the dispute was outside the scope of the original agreement? The Supreme Court of India, […]

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Supreme Court Reduces Compensation in Motor Accident Case: S. Kumar vs. United India Insurance (2019)

/ Abhay Manohar Sapre, Compensation, Dinesh Maheshwari, Judges, Motor Accident Claims, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 166

Supreme Court Reduces Compensation in Motor Accident Case: S. Kumar vs. United India Insurance (2019) Date of the Judgment: 18 February 2019 Citation: (2019) INSC 142 Judges: Abhay Manohar Sapre, J., Dinesh Maheshwari, J. Can a High Court reduce the compensation awarded by a Motor Accidents Claims Tribunal? The Supreme Court addressed this question in

Supreme Court Reduces Compensation in Motor Accident Case: S. Kumar vs. United India Insurance (2019) Read Post »

Supreme Court clarifies benefits for daily wage workers in Gujarat Forest Department: State of Gujarat vs. PWD and Forest Employees Union (2019)

/ A.K. Sikri, Daily Wage Workers, Government Resolution dated October 17, 1988, Gujarat Civil Services (Revision of Pay) Rules, 2009, Judges, M.R. Shah, Pension Benefits, S. Abdul Nazeer, Service Law

Supreme Court clarifies benefits for daily wage workers in Gujarat Forest Department (2019) LEGAL ISSUE: Interpretation and implementation of a Government Resolution regarding benefits for daily wage workers. CASE TYPE: Service Law Case Name: State of Gujarat vs. PWD and Forest Employees Union Judgment Date: 15 February 2019 Introduction Date of the Judgment: 15 February

Supreme Court clarifies benefits for daily wage workers in Gujarat Forest Department: State of Gujarat vs. PWD and Forest Employees Union (2019) Read Post »

Supreme Court Upholds Army’s Disciplinary Jurisdiction in Attachment Order Case: Union of India vs. Lt Col Dharamvir Singh (2019)

/ Armed Forces Tribunal Act 2007 with Section 14, Armed Forces Tribunal Act 2007 with Section 3(o), Armed Forces Tribunal Act, 2007, Army Act 1950 with Section 1, Army Act, 1950, Dhananjaya Y Chandrachud, Hemant Gupta, Judges

Supreme Court Upholds Army’s Disciplinary Jurisdiction in Attachment Order Case: Union of India vs. Lt Col Dharamvir Singh (2019) LEGAL ISSUE: Whether the High Court can interfere with the disciplinary jurisdiction of the Army by entertaining a writ petition against an attachment order. CASE TYPE: Armed Forces Law Case Name: Union of India & Ors

Supreme Court Upholds Army’s Disciplinary Jurisdiction in Attachment Order Case: Union of India vs. Lt Col Dharamvir Singh (2019) Read Post »

Supreme Court Directs Timely Appointment of Information Commissioners for Effective RTI Implementation

/ A.K. Sikri, Constitutional Law, Constitutional Law with Article 19(1)(a), Constitutional Law with Article 21, Fundamental Rights, Judges, Right to Information Act, 2005, Right to Information Act, 2005 with Section 12, Right to Information Act, 2005 with Section 15, Right to Information Act, 2005 with Section 3, S. Abdul Nazeer

Supreme Court Directs Timely Appointment of Information Commissioners for Effective RTI Implementation LEGAL ISSUE: Ensuring the effective implementation of the Right to Information Act, 2005 through timely appointments to the Central and State Information Commissions. CASE TYPE: Public Interest Litigation (PIL) concerning the Right to Information. Case Name: Anjali Bhardwaj and Others vs. Union of

Supreme Court Directs Timely Appointment of Information Commissioners for Effective RTI Implementation Read Post »

Supreme Court clarifies CS-1 license eligibility in Madhya Pradesh liquor case (2019)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 19(1)(g), Excise Act, 1915, Excise Act, 1915 with Section 18, Fundamental Rights, Judges, L. Nageswara Rao, M.R. Shah, Madhya Pradesh Country Spirit Rules, 1995, Madhya Pradesh Country Spirit Rules, 1995 with Rule 3

Supreme Court clarifies CS-1 license eligibility in Madhya Pradesh liquor case (2019) LEGAL ISSUE: Whether a CS-1 license for manufacturing, bottling, and wholesale supply of country spirit can be denied for non-participation in tender process. CASE TYPE: Excise Law Case Name: Gwalior Distilleries Pvt. Ltd. vs. The State of Madhya Pradesh & Ors. Judgment Date:

Supreme Court clarifies CS-1 license eligibility in Madhya Pradesh liquor case (2019) Read Post »

Supreme Court Quashes Criminal Proceedings in Family Dispute Over Money Transfer: Prof R K Vijayasarathy vs. Sudha Seetharam (2019) INSC 108 (15 February 2019)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 156(3), Code of Criminal Procedure, 1973 with Section 482, Dhananjaya Y Chandrachud, Hemant Gupta, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 405, Indian Penal Code, 1860 with Section 415, Indian Penal Code, 1860 with Section 420, Judges

Supreme Court Quashes Criminal Proceedings in Family Dispute Over Money Transfer Date of the Judgment: 15 February 2019 Citation: (2019) INSC 108 Judges: Dr Dhananjaya Y Chandrachud, J and Hemant Gupta, J. This was a two-judge bench, and the judgment was authored by Dr. Dhananjaya Y Chandrachud, J. Can a criminal case be pursued when

Supreme Court Quashes Criminal Proceedings in Family Dispute Over Money Transfer: Prof R K Vijayasarathy vs. Sudha Seetharam (2019) INSC 108 (15 February 2019) Read Post »

Supreme Court settles the validity of arbitration clause incorporation by reference in Coal India dispute (15 February 2019)

/ Arbitration Agreement, Arbitration Law, Arbitration Law with Section 7(5), Contract Law, General Reference, Incorporation by reference, Indu Malhotra, Judges, Standard Form Contracts, Uday Umesh Lalit

Supreme Court Upholds Incorporation of Arbitration Clause by Reference in Coal India Dispute Date of the Judgment: 15 February 2019 Citation: Giriraj Garg v. Coal India Ltd. & Ors. (2019) INSC 123 Judges: Uday Umesh Lalit, J. and Indu Malhotra, J. Can an arbitration clause in a parent scheme be automatically applied to individual sale

Supreme Court settles the validity of arbitration clause incorporation by reference in Coal India dispute (15 February 2019) Read Post »

Supreme Court Clarifies Use of Mediator and Counselor Reports in Child Custody Cases: Perry Kansagra vs. Smriti Madan Kansagra (2019)

/ Abhay Manohar Sapre, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 75, Arbitration and Conciliation Act, 1996 with Section 81, Family Courts Act, 1984, Family Courts Act, 1984 with Section 12, Family Courts Act, 1984 with Section 6, Family Courts Act, 1984 with Section 9, Judges, Uday Umesh Lalit

Supreme Court Clarifies Use of Mediator and Counselor Reports in Child Custody Cases: Perry Kansagra vs. Smriti Madan Kansagra (2019) LEGAL ISSUE: Admissibility of mediator and counselor reports in child custody cases. CASE TYPE: Family Law, Child Custody Case Name: Perry Kansagra vs. Smriti Madan Kansagra Judgment Date: 15 February 2019 Date of the Judgment:

Supreme Court Clarifies Use of Mediator and Counselor Reports in Child Custody Cases: Perry Kansagra vs. Smriti Madan Kansagra (2019) Read Post »

Supreme Court Quashes Criminal Proceedings in Cheating Case: Srinivasan Iyenger vs. Bimla Devi Agarwal (2019)

/ Code of Criminal Procedure, Code of Criminal Procedure with Section 482, Constitutional Law, Constitutional Law with Article 142, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 406, Indian Penal Code, 1860 with Section 468, Judges, L. Nageswara Rao, M. R. Shah

Supreme Court Quashes Criminal Proceedings in Cheating Case: Srinivasan Iyenger vs. Bimla Devi Agarwal (2019) LEGAL ISSUE: Whether criminal proceedings for offences of cheating, forgery and criminal conspiracy can be quashed when the dispute is predominantly civil in nature and parties have reached an amicable settlement. CASE TYPE: Criminal Case Name: Srinivasan Iyenger and Anr.

Supreme Court Quashes Criminal Proceedings in Cheating Case: Srinivasan Iyenger vs. Bimla Devi Agarwal (2019) Read Post »

Supreme Court Upholds Conviction in Murder Case Based on Sole Eye Witness Testimony: Kripal Singh vs. State of Rajasthan (2019) INSC 109 (15 February 2019)

/ A.M. Khanwilkar, Ajay Rastogi, Criminal Law, Eyewitness Testimony, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 324, Indian Penal Code, 1860 with Section 394, Judges, Murder, Police Testimony

Supreme Court Upholds Conviction in Murder Case Based on Sole Eye Witness Testimony LEGAL ISSUE: Whether a conviction under Section 302 of the Indian Penal Code, 1860 can be sustained based on the sole testimony of an eye-witness, when other co-accused mentioned by the same witness have been acquitted. CASE TYPE: Criminal Case Name: Kripal

Supreme Court Upholds Conviction in Murder Case Based on Sole Eye Witness Testimony: Kripal Singh vs. State of Rajasthan (2019) INSC 109 (15 February 2019) Read Post »

Supreme Court acquits appellants in murder case due to lack of common intention: Ezajhussain Sabdarhussain & Anr. vs. State of Gujarat (2019)

/ A.M. Khanwilkar, Ajay Rastogi, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, Offences Against Human Body

Supreme Court acquits appellants in murder case due to lack of common intention: Ezajhussain Sabdarhussain & Anr. vs. State of Gujarat (2019) LEGAL ISSUE: Whether the appellants shared a common intention to commit murder under Section 302 read with Section 34 of the Indian Penal Code, 1860. CASE TYPE: Criminal Law Case Name: Ezajhussain Sabdarhussain

Supreme Court acquits appellants in murder case due to lack of common intention: Ezajhussain Sabdarhussain & Anr. vs. State of Gujarat (2019) Read Post »

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