Supreme Court Drops Contempt Proceedings: M/S MDDA Ramky ISBT Ltd. vs. Ombir Singh Tomar (2019) LEGAL ISSUE: Whether contempt proceedings should continue when an execution petition is already pending for the same matter. CASE TYPE: Contempt of Court Case Name: M/S MDDA Ramky ISBT Ltd. vs. Ombir Singh Tomar [Judgment Date]: January 4, 2019 Introduction […]
Supreme Court Orders Additional Compensation in LIC Policy Dispute Date of the Judgment: January 4, 2019 Citation: (2019) INSC 1 Judges: Hon’ble Dr. Justice D.Y. Chandrachud and Hon’ble Mr. Justice Hemant Gupta. This was a two-judge bench. Can an insurance company withhold a policy and a customer’s money after accepting a proposal and premium? The
Supreme Court Upholds High Court Decision on Attempt to Murder Charge: Champa Lal Dhakar vs. Naval Singh Rajput (2019) INSC 1 LEGAL ISSUE: Whether the High Court was correct in setting aside the trial court’s order framing charges under Section 307 of the Indian Penal Code, 1860 for attempt to murder, based on the nature
Supreme Court clarifies appointment of substitute arbitrator under Section 15(2) of the Arbitration Act in Government of Haryana vs. G.F. Toll Road Pvt. Ltd. (2019) Date of the Judgment: January 3, 2019 Citation: (2019) INSC 3 Judges: Justice Abhay Manohar Sapre and Justice Indu Malhotra Can an arbitral institution appoint a substitute arbitrator when one
Supreme Court Upholds Electricity Project, Vacates Status Quo in Land Dispute: State of Jharkhand vs. Surendra Kumar Srivastava (2019) LEGAL ISSUE: Whether a High Court can order a status quo on construction of an electricity sub-station when the plaintiffs have failed to establish a prima facie case of title or possession over the disputed land.
Supreme Court Rules Special Pay Counts Towards Pension for Scientists LEGAL ISSUE: Whether special pay granted to scientists should be included in the calculation of pension benefits. CASE TYPE: Service Law Case Name: Union of India & Ors. vs. Dr. O.P. Nijhawan & Ors. Judgment Date: 03 January 2019 Introduction Date of the Judgment: 03
Supreme Court Upholds Tax Benefit Scheme for Disabled Dependents: Ravi Agrawal vs. Union of India (2019) LEGAL ISSUE: Whether the Jeevan Aadhar policy under Section 80DD of the Income Tax Act, 1961, which provides benefits to disabled dependents only after the death of the parent/guardian, is discriminatory and violates Article 14 of the Constitution. CASE
Supreme Court Clarifies Re-employment Rights Under Section 25(H) of the Industrial Disputes Act: Management of the Barara Cooperative Marketing vs. Workman Pratap Singh (2019) LEGAL ISSUE: Whether a retrenched employee is entitled to re-employment under Section 25(H) of the Industrial Disputes Act, 1947, when the employer regularizes the services of existing employees. CASE TYPE: Labour
Supreme Court Refers Land Rights Case to Larger Bench LEGAL ISSUE: Whether the right of a tenant to purchase land is affected by the landlord’s disability and whether the landlord is required to inform the tenant of the cessation of such disability. CASE TYPE: Land and Tenancy Law Case Name: Vasant Ganpat Padave (D) BY
Supreme Court clarifies penalty for insufficiently stamped agreements: Gangappa vs. Fakkirappa (2018) LEGAL ISSUE: Whether a trial court can exercise discretion in imposing a penalty for insufficiently stamped agreements or if it is obligated to impose a penalty of 10 times the deficient stamp duty. CASE TYPE: Civil Law – Stamp Duty Case Name: Gangappa
Supreme Court Upholds Eviction Based on Landlord’s Bona Fide Need: Hukum Chandra vs. Nemi Chand Jain (2018) LEGAL ISSUE: Whether a landlord can evict a tenant based on the bona fide requirement of their son, even if the son is engaged in some business at the time of the suit, and whether subsequent events, such
Supreme Court clarifies the scope of “Note for Speaking to the Minutes” in property disputes: Akhil Bhartvarshiya Marwari Agarwal Jatiya Kosh & Ors vs Brijlal Tibrewal & Ors (2018) INSC 999 (14 December 2018) LEGAL ISSUE: Scope and limitations of “Note for Speaking to the Minutes” in court proceedings, particularly regarding modifications to final orders.
