Author name: G.R. Hari

Supreme Court Sets Aside Order for Not Hearing All Parties in Land Encroachment Case: Johra & Ors. vs. State of Haryana & Ors. (2018) INSC 1025 (03 December 2018)

/ Abhay Manohar Sapre, Civil Procedure, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 226, Indu Malhotra, Judges, Judicial Review, Natural Justice, Right to be Heard

Supreme Court Sets Aside Order for Not Hearing All Parties in Land Encroachment Case Date of the Judgment: 03 December 2018 Citation: (2018) INSC 1025 Judges: Abhay Manohar Sapre, J., Indu Malhotra, J. Can a court issue orders affecting parties without giving them a chance to be heard? The Supreme Court recently addressed this fundamental […]

Supreme Court Sets Aside Order for Not Hearing All Parties in Land Encroachment Case: Johra & Ors. vs. State of Haryana & Ors. (2018) INSC 1025 (03 December 2018) Read Post »

Supreme Court Sets Aside High Court Order on Property Possession: Roshina T vs. Abdul Azeez K.T. (2018)

/ Abhay Manohar Sapre, Civil Law, Code of Civil Procedure, 1908, Constitutional Law, Constitutional Law with Article 226, Fundamental Rights, Indu Malhotra, Judges, Property Disputes

Supreme Court Sets Aside High Court Order on Property Possession: Roshina T vs. Abdul Azeez K.T. (2018) LEGAL ISSUE: Whether a writ petition under Article 226 of the Constitution of India is maintainable for resolving private property disputes. CASE TYPE: Civil Case Name: Roshina T vs. Abdul Azeez K.T. & Ors. Judgment Date: 03 December

Supreme Court Sets Aside High Court Order on Property Possession: Roshina T vs. Abdul Azeez K.T. (2018) Read Post »

Supreme Court Upholds Termination of Employee Refusing Alternate Job: Manju Saxena vs. Union of India (2018)

/ Abhay Manohar Sapre, Indu Malhotra, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 2(oo), Industrial Disputes Act, 1947 with Section 25F, Judges, Retrenchment

Supreme Court Upholds Termination of Employee Refusing Alternate Job: Manju Saxena vs. Union of India (2018) LEGAL ISSUE: Whether an employee’s refusal to accept alternate job offers from the employer constitutes abandonment of service, thereby justifying termination. CASE TYPE: Industrial Dispute Case Name: Manju Saxena vs. Union of India & Anr. Judgment Date: 3rd December

Supreme Court Upholds Termination of Employee Refusing Alternate Job: Manju Saxena vs. Union of India (2018) Read Post »

Supreme Court Upholds Tariff Calculation Methodology under Electricity Act: Damodar Valley Corporation vs. Central Electricity Regulatory Commission (2018)

/ Damodar Valley Corporation Act, 1948, Damodar Valley Corporation Act, 1948 with Section 14, Damodar Valley Corporation Act, 1948 with Section 38, Electricity Act, 2003, Judges, K.M. Joseph, Ranjan Gogoi, Regulatory Law, Sanjay Kishan Kaul, Tariff Regulations

Supreme Court Upholds Tariff Calculation Methodology under Electricity Act: Damodar Valley Corporation vs. Central Electricity Regulatory Commission (2018) Date of the Judgment: December 3, 2018 Citation: 2018 INSC 1053 Judges: Ranjan Gogoi, CJI, Sanjay Kishan Kaul, J., K.M. Joseph, J. Can a power generating company claim interest on its entire capital, in addition to returns

Supreme Court Upholds Tariff Calculation Methodology under Electricity Act: Damodar Valley Corporation vs. Central Electricity Regulatory Commission (2018) Read Post »

Supreme Court Upholds Dismissal, Clarifies ‘Wages’ Under UP Industrial Disputes Act: H.D. Sharma vs. Northern India Textile Research Association (2018)

/ Abhay Manohar Sapre, Indu Malhotra, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 2(rr), Industrial Disputes Act, 1947 with Section 33(2)(b), Judges, UP Industrial Disputes Act, 1947, UP Industrial Disputes Act, 1947 with Section 2(y), UP Industrial Disputes Act, 1947 with Section 6E(2)

Supreme Court Upholds Dismissal, Clarifies ‘Wages’ Under UP Industrial Disputes Act: H.D. Sharma vs. Northern India Textile Research Association (2018) LEGAL ISSUE: Interpretation of ‘wages’ under Section 2(y) and compliance with Section 6E(2) of the UP Industrial Disputes Act, 1947 regarding payment of one month’s wages before dismissal of a workman. CASE TYPE: Industrial Dispute

Supreme Court Upholds Dismissal, Clarifies ‘Wages’ Under UP Industrial Disputes Act: H.D. Sharma vs. Northern India Textile Research Association (2018) Read Post »

Supreme Court sets aside High Court’s quashing of FIR in property fraud case: Dilbag Rai vs. State of Haryana (2018) INSC 1001 (3 December 2018)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 156(3), Code of Criminal Procedure, 1973 with Section 173, Code of Criminal Procedure, 1973 with Section 482, Dhananjaya Y. Chandrachud, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 406, Indian Penal Code, 1860 with Section 420, Judges, M.R. Shah, Offences Relating to Property

Supreme Court quashes High Court order on FIR in property sale dispute Date of the Judgment: 3 December 2018 Citation: (2018) INSC 1001 Judges: Dr. Dhananjaya Y. Chandrachud, J., M.R. Shah, J. Can a High Court quash a criminal case at an early stage when there are allegations of fraud and the accused has allegedly

Supreme Court sets aside High Court’s quashing of FIR in property fraud case: Dilbag Rai vs. State of Haryana (2018) INSC 1001 (3 December 2018) Read Post »

Supreme Court enhances land compensation: Mallappa vs. Special Land Acquisition Officer (2018)

/ Abhay Manohar Sapre, Indu Malhotra, Judges, Karnataka Industrial Areas Development Act, 1966, Karnataka Industrial Areas Development Act, 1966 with Section 28

Supreme Court enhances land compensation: Mallappa vs. Special Land Acquisition Officer (2018) LEGAL ISSUE: Determination of fair market value for land acquired for public purposes. CASE TYPE: Land Acquisition Case Name: Mallappa Dead by L.Rs. & Ors. vs. The Special Land Acquisition Officer & Anr. Judgment Date: December 03, 2018 Date of the Judgment: December

Supreme Court enhances land compensation: Mallappa vs. Special Land Acquisition Officer (2018) Read Post »

Supreme Court Upholds Termination of Illegal Appointments in Bihar Health Services

/ Appointments, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Deepak Gupta, Illegal Appointments, Judges, Madan B. Lokur, Regularization, S. Abdul Nazeer, Service Law

Supreme Court Upholds Termination of Illegal Appointments in Bihar Health Services LEGAL ISSUE: Whether employees appointed illegally, without following due process, can claim regularization based on long service. CASE TYPE: Service Law Case Name: The State of Bihar and Ors. vs. Kirti Narayan Prasad [Judgment Date]: 30 November 2018 Introduction Date of the Judgment: 30

Supreme Court Upholds Termination of Illegal Appointments in Bihar Health Services Read Post »

Supreme Court Upholds Conviction for Drug Sale Without License: State vs. Manimaran (2018)

/ Drugs and Cosmetics Act, 1940, Drugs and Cosmetics Act, 1940 with Section 18(c), Drugs and Cosmetics Act, 1940 with Section 27(b)(ii), Drugs and Cosmetics Act, 1940 with Section 28, Indian Evidence Act, Indian Evidence Act with Section 62, Indira Banerjee, Judges, R. Banumathi

Supreme Court Upholds Conviction for Drug Sale Without License: State vs. Manimaran (2018) LEGAL ISSUE: Whether a person can be convicted for selling drugs without a valid license based on their admission, even if the previous owners of the shop are not examined as witnesses. CASE TYPE: Criminal Law – Drugs and Cosmetics Act Case

Supreme Court Upholds Conviction for Drug Sale Without License: State vs. Manimaran (2018) Read Post »

Supreme Court Sets Aside High Court Order on Post-Award Application in Arbitration Case (30 November 2018)

/ Arbitration Law, Arbitration Law with Section 34, Arbitration Law with Section 9, Dhananjaya Y. Chandrachud, Interim Measures, Judges, M.R. Shah

Supreme Court Sets Aside High Court Order on Post-Award Application in Arbitration Case LEGAL ISSUE: Whether a High Court can pass an order on a post-award application under Section 9 of the Arbitration and Conciliation Act, 1996 before the expiry of the limitation period for challenging the award under Section 34 of the same Act.

Supreme Court Sets Aside High Court Order on Post-Award Application in Arbitration Case (30 November 2018) Read Post »

Supreme Court Upholds Inheritance Rights of Granddaughters, Dismissing Will Claim: Jarnail Singh vs. Bhagwanti (2018)

/ Indian Evidence Act, Indian Evidence Act with Section 68, Indian Succession Act, 1925, Indian Succession Act, 1925 with Section 63, Judges, Mohan M. Shantanagoudar, N.V. Ramana, Will and Testament

Supreme Court Upholds Inheritance Rights of Granddaughters, Dismissing Will Claim: Jarnail Singh vs. Bhagwanti (2018) LEGAL ISSUE: Whether a will was validly executed and whether the granddaughters of the deceased were the rightful heirs. CASE TYPE: Civil (Inheritance) Case Name: Jarnail Singh & Anr. vs. Bhagwanti (D) Thr. Lrs. & Ors. [Judgment Date]: 29 November

Supreme Court Upholds Inheritance Rights of Granddaughters, Dismissing Will Claim: Jarnail Singh vs. Bhagwanti (2018) Read Post »

Supreme Court Directs Railways to Absorb Parcel Porters: Ram Bhajan Das & Ors. vs. Union of India & Ors. (28 November 2018)

/ Constitutional Law, Constitutional Law with Article 142, Contract Labour, Hemant Gupta, Judges, Kurian Joseph, Railway Employees, Regularization of Employees, Service Law

Supreme Court Directs Railways to Absorb Parcel Porters: Ram Bhajan Das & Ors. vs. Union of India & Ors. (2018) LEGAL ISSUE: Whether long-serving parcel and goods porters should be absorbed into regular railway employment. CASE TYPE: Service Law Case Name: Ram Bhajan Das & Ors. vs. Union of India & Ors. Judgment Date: 28

Supreme Court Directs Railways to Absorb Parcel Porters: Ram Bhajan Das & Ors. vs. Union of India & Ors. (28 November 2018) Read Post »

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