Author name: G.R. Hari

Supreme Court clarifies compensation calculation in railway accident cases: Union of India vs. Radha Yadav (29 January 2019)

/ Indira Banerjee, Judges, Railway Accident Compensation, Railways Act, 1989, Railways Act, 1989 with Section 123, Railways Act, 1989 with Section 124A, Uday Umesh Lalit

Supreme Court clarifies compensation calculation in railway accident cases: Union of India vs. Radha Yadav (2019) LEGAL ISSUE: Determining the correct method for calculating compensation in railway accident cases, specifically when amendments to compensation amounts occur between the date of the accident and the date of the award. CASE TYPE: Railway Accident Compensation Case Name: […]

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Supreme Court Allows Secured Creditors to File Winding Up Petitions After DRT Decree: Swaraj Infrastructure vs. Kotak Mahindra Bank (29 January 2019)

/ Companies Act, 1956, Companies Act, 1956 with Section 434, Companies Act, 1956 with Section 439, Judges, Jurisdiction of DRT, Navin Sinha, Provincial Insolvency Act, 1920, Provincial Insolvency Act, 1920 with Section 47, R.F. Nariman, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Recovery of Debts Due to Banks and Financial Institutions Act, 1993 with Section 18, Winding Up

Supreme Court Allows Secured Creditors to File Winding Up Petitions After DRT Decree LEGAL ISSUE: Whether a secured creditor can initiate a winding-up petition against a company after obtaining a decree and recovery certificate from the Debts Recovery Tribunal (DRT). CASE TYPE: Insolvency Law, Company Law Case Name: Swaraj Infrastructure Pvt. Ltd. vs. Kotak Mahindra

Supreme Court Allows Secured Creditors to File Winding Up Petitions After DRT Decree: Swaraj Infrastructure vs. Kotak Mahindra Bank (29 January 2019) Read Post »

Supreme Court quashes rejection of gas distribution authorization: Adani Gas Limited vs. Union of India (2019)

/ Arun Mishra, Judges, Petroleum and Natural Gas Regulatory Board Act, 2006, Petroleum and Natural Gas Regulatory Board Act, 2006 with Section 16, Petroleum and Natural Gas Regulatory Board Act, 2006 with Section 17, Petroleum and Natural Gas Regulatory Board Regulations, 2008, Petroleum and Natural Gas Regulatory Board Regulations, 2008 with Regulation 18, Vineet Saran

Supreme Court quashes rejection of gas distribution authorization: Adani Gas Limited vs. Union of India (2019) LEGAL ISSUE: Whether the Petroleum and Natural Gas Regulatory Board (PNGRB) was justified in rejecting Adani Gas Limited’s application for authorization to lay, build, and operate a city gas distribution network. CASE TYPE: Petroleum and Natural Gas Regulatory Law.

Supreme Court quashes rejection of gas distribution authorization: Adani Gas Limited vs. Union of India (2019) Read Post »

Supreme Court clarifies jurisdiction in land disputes: Pyarelal vs. Shubhendra Pilania (29 January 2019)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VII Rule 11(d), Code of Civil Procedure, 1908 with Section 9, Dhananjaya Y Chandrachud, Judges, Rajasthan Tenancy Act, 1955, Rajasthan Tenancy Act, 1955 with Section 207, Rajasthan Tenancy Act, 1955 with Section 256, Rajasthan Tenancy Act, 1955 with Section 88, Uday Umesh Lalit

Supreme Court Clarifies Jurisdiction in Land Disputes: Pyarelal vs. Shubhendra Pilania (2019) Date of the Judgment: 29 January 2019 Citation: Pyarelal vs. Shubhendra Pilania (2019) INSC 49 Judges: Justice Uday Umesh Lalit and Justice Dr. Dhananjaya Y Chandrachud Can a civil court decide on the validity of a gift deed for agricultural land if the

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Supreme Court clarifies rent revision under Rajasthan Rent Control Act, 2001: Harbans Kaur vs. Iqbal Singh (29 January 2019)

/ Ashok Bhushan, Judges, K.M. Joseph, Rajasthan Rent Control Act, 2001, Rajasthan Rent Control Act, 2001 with Section 4, Rajasthan Rent Control Act, 2001 with Section 6, Rajasthan Rent Control Act, 2001 with Section 9

Supreme Court clarifies rent revision under Rajasthan Rent Control Act, 2001: Harbans Kaur vs. Iqbal Singh (2019) LEGAL ISSUE: Interpretation of rent revision clauses under the Rajasthan Rent Control Act, 2001, specifically concerning the rights of landlords and tenants regarding rent increases. CASE TYPE: Landlord-Tenant Dispute, Rent Control Case Name: Harbans Kaur vs. Iqbal Singh

Supreme Court clarifies rent revision under Rajasthan Rent Control Act, 2001: Harbans Kaur vs. Iqbal Singh (29 January 2019) Read Post »

Supreme Court Clarifies Premature Separation Withdrawal Rules for Air Force Officers in Service Law (29 January 2019)

/ Air Force Act 1950, Air Force Act 1950 with Section 18, Air Force Act 1950 with Section 189, Air Force Act, 1950, Armed Forces, Dhananjaya Y Chandrachud, Hemant Gupta, Indian Air Force, Judges, Premature Separation from Service, Service Law, Withdrawal of Resignation

Supreme Court Clarifies Premature Separation Withdrawal Rules for Air Force Officers Date of the Judgment: 29 January 2019 Citation: 2019 INSC 69 Judges: Dr Dhananjaya Y Chandrachud, J and Hemant Gupta, J Can an Air Force officer withdraw their request for premature separation from service after it has been approved? The Supreme Court of India

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Supreme Court clarifies appellate jurisdiction under FEMA for FERA violations: Union of India vs. Premier Limited (29 January 2019)

/ Abhay Manohar Sapre, Appellate Tribunal, Foreign Exchange Management Act, 1999, Foreign Exchange Management Act, 1999 with Section 19, Foreign Exchange Management Act, 1999 with Section 49, Foreign Exchange Regulation Act, 1973, Foreign Exchange Regulation Act, 1973 with Section 51, Foreign Exchange Regulation Act, 1973 with Section 52, Foreign Exchange Regulation Act, 1973 with Section 81, Indira Banerjee, Judges

Supreme Court Clarifies Appellate Authority Under FEMA for FERA Violations Date of the Judgment: 29 January 2019 Citation: (2019) INSC 49 Judges: Abhay Manohar Sapre, J., Indira Banerjee, J. Can an appeal against an order passed under the Foreign Exchange Regulation Act, 1973 (FERA) after its repeal, be filed before the Special Director (Appeals) or

Supreme Court clarifies appellate jurisdiction under FEMA for FERA violations: Union of India vs. Premier Limited (29 January 2019) Read Post »

Supreme Court Upholds Title Based on Sale Deeds Over Claim of Possessory Title in Property Dispute: Poona Ram vs. Moti Ram (29 January 2019)

/ Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 64, Mohan M. Shantanagoudar, N.V. Ramana, Possessory Title, Property Law, Title Deeds

Supreme Court Upholds Title Based on Sale Deeds Over Claim of Possessory Title in Property Dispute Date of the Judgment: 29 January 2019 Citation: Civil Appeal No. 4527 of 2009 Judges: N.V. Ramana, J., Mohan M. Shantanagoudar, J. Can a person claim ownership of a property based solely on prior possession, even if they don’t

Supreme Court Upholds Title Based on Sale Deeds Over Claim of Possessory Title in Property Dispute: Poona Ram vs. Moti Ram (29 January 2019) Read Post »

Supreme Court settles the power of Additional District Magistrate under Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 in externment cases (29 January 2019)

/ Ashok Bhushan, Criminal Law, Criminal Law with Code of Criminal Procedure, 1973, Externment, Judges, K.M. Joseph, Madhya Pradesh Rajya Suraksha Adhiniyam, 1990, Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 with Section 18, Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 with Section 3

Supreme Court Upholds Additional District Magistrate’s Power Under Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 Date of the Judgment: 29 January 2019 Citation: 2019 INSC 74 Judges: Ashok Bhushan, J., K.M. Joseph, J. Can an Additional District Magistrate issue an externment order under the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990? The Supreme Court of India addressed

Supreme Court settles the power of Additional District Magistrate under Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 in externment cases (29 January 2019) Read Post »

Supreme Court Directs Custody of Vehicle to Widow in Murder Case: Shanmugavel vs. Eswari (2019)

/ Criminal Law, Custody of Property, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 364, Indian Penal Code, 1860 with Section 379, Judges, R. Banumathi, R. Subhash Reddy

Supreme Court Directs Custody of Vehicle to Widow in Murder Case: Shanmugavel vs. Eswari (2019) LEGAL ISSUE: Custody of a vehicle involved in a criminal case. CASE TYPE: Criminal Law Case Name: C. Shanmugavel vs. Eswari & Anr. [Judgment Date]: 28 January 2019 Who gets the custody of a vehicle involved in a murder case

Supreme Court Directs Custody of Vehicle to Widow in Murder Case: Shanmugavel vs. Eswari (2019) Read Post »

Supreme Court Clarifies Effect of Agreement to Sell on Tenancy: Dr. H.K. Sharma vs. Shri Ram Lal (2019)

/ Abhay Manohar Sapre, Agreement to Sell and Tenancy, Determination of Leases, Dinesh Maheshwari, Eviction of Tenant, Judges, Landlord and Tenant Law, Surrender of Tenancy, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 111

Supreme Court Clarifies Effect of Agreement to Sell on Tenancy: Dr. H.K. Sharma vs. Shri Ram Lal (2019) LEGAL ISSUE: Whether an agreement to sell between a landlord and tenant automatically terminates the tenancy. CASE TYPE: Civil (Landlord-Tenant Dispute) Case Name: Dr. H.K. Sharma vs. Shri Ram Lal [Judgment Date]: January 28, 2019 Date of

Supreme Court Clarifies Effect of Agreement to Sell on Tenancy: Dr. H.K. Sharma vs. Shri Ram Lal (2019) Read Post »

Supreme Court Upholds Specific Performance of Agreement: Vijay A. Mittal vs. Kulwant Rai (28 January 2019)

/ Abhay Manohar Sapre, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 22 Rule 4(2), Hindu Law, Hindu Undivided Family, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 65, Indu Malhotra, Judges, Karta, Specific Performance

Supreme Court Upholds Specific Performance of Agreement: Vijay A. Mittal vs. Kulwant Rai (2019) LEGAL ISSUE: Whether a sale agreement entered into by the Karta of a Hindu Undivided Family (HUF) is binding on the family and whether a subsequent sale to a third party can be nullified in a suit for specific performance. CASE

Supreme Court Upholds Specific Performance of Agreement: Vijay A. Mittal vs. Kulwant Rai (28 January 2019) Read Post »

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