Supreme Court Enhances Compensation for Lemon and Pomegranate Trees in Land Acquisition Cases (20 November 2018) LEGAL ISSUE: Determination of fair compensation for trees on land acquired under the Land Acquisition Act, 1894. CASE TYPE: Land Acquisition Case Name: D. Eswara Naidu & Ors. vs. The Special Deputy Collector (L.A) & Other Connected Matters Judgment […]
Supreme Court Enhances Compensation for Lemon and Pomegranate Trees in Land Acquisition Cases (20 November 2018) Date of the Judgment: 20 November 2018 Citation: Not Available Judges: Kurian Joseph, Deepak Gupta, Hemant Gupta, JJ. Can the government provide different compensation for the same type of trees acquired under the same notification? The Supreme Court of
Supreme Court Reduces Sentence in Atrocities Case Based on Complainant’s Affidavit: Mallanna & Ors. vs. State of Karnataka (2018) LEGAL ISSUE: Can a conviction under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 be modified based on a compromise affidavit by the complainant? CASE TYPE: Criminal Law, Atrocities Case Name: Mallanna &
Supreme Court directs High Court to Reconsider Clerk Appointment Issue based on RTI: Rajbir Singh vs. State of Haryana (2018) LEGAL ISSUE: Whether the High Court was correct in dismissing the case regarding appointment of clerks based on the State’s stand that there were no vacancies, despite RTI information suggesting otherwise. CASE TYPE: Service Law
Supreme Court Modifies Sentence in Abkari Act Case: Santosh Kumar vs. State of Kerala (2018) LEGAL ISSUE: Whether the High Court was correct in its sentencing under Section 55(a) of the Abkari Act. CASE TYPE: Criminal Law Case Name: Santosh @ Santosh Kumar vs. State of Kerala [Judgment Date]: November 16, 2018 Date of the
Supreme Court Upholds Dismissal of Suit for Declaration and Specific Performance: Rakesh Malhotra vs. Kamaljit Singh Sandhu (2018) LEGAL ISSUE: Whether a suit for declaration of ownership and possession can be decreed in the absence of a prayer for specific performance of an agreement to sell, and whether such a suit is barred by limitation.
Supreme Court overturns dismissal of claim petition in motor accident case: Vimla Devi vs. National Insurance Company (2018) LEGAL ISSUE: Whether the Motor Accident Claims Tribunal and High Court were justified in dismissing a claim petition for want of evidence, despite the claimants producing sufficient evidence to prove the accident. CASE TYPE: Motor Accident Compensation.
Supreme Court clarifies “Other Misconduct” for Chartered Accountants: Council of the Institute of Chartered Accountants of India vs. Shri Gurvinder Singh & Anr. (2018) INSC 987 LEGAL ISSUE: Scope of “Other Misconduct” for Chartered Accountants under the Chartered Accountants Act, 1949. CASE TYPE: Disciplinary Proceedings against a Chartered Accountant. Case Name: Council of the Institute
Supreme Court Settles Family Property Dispute: Gurbachan Singh vs. Gurdial Singh (2018) Date of the Judgment: 16 November 2018 Citation: Not Available Judges: Kurian Joseph J., Hemant Gupta J. Can a decades-long family property dispute finally be resolved through court-directed mediation and demarcation? The Supreme Court of India addressed this question in a civil appeal
Supreme Court Allows Re-test for Unfit Candidates in Sub-Inspector Selection: Mahendra Pratap Singh vs State of Uttar Pradesh (2018) LEGAL ISSUE: Whether candidates who were unfit to participate in a physical efficiency test, but were compelled to participate, should be given a second chance to qualify. CASE TYPE: Service Law Case Name: Mahendra Pratap Singh
Supreme Court Commutes Death Sentence in Kidnapping and Murder Case: Swapan Kumar Jha vs. State of Jharkhand (2018) LEGAL ISSUE: Whether the death penalty awarded to one of the accused in a kidnapping and murder case was justified, or if it should be commuted to life imprisonment. CASE TYPE: Criminal Law Case Name: Swapan Kumar
Supreme Court Quashes Criminal Charges in Property Dispute: Anand Kumar Mohatta vs. State (2018) Date of the Judgment: November 15, 2018 Citation: 2018 INSC 1020 Judges: S.A. Bobde, J., L. Nageswara Rao, J. Can a property dispute arising from a failed development agreement lead to criminal charges of breach of trust? The Supreme Court of
