Author name: G.R. Hari

Supreme Court Upholds Conviction in Gang Rape Case, Criticizes High Court’s Approach: State (Govt. of NCT of Delhi) vs. Pankaj Chaudhary and Ors. (2018) INSC 928 (30 October 2018)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 340, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 193, Indian Penal Code, 1860 with Section 195, Indian Penal Code, 1860 with Section 376, Indira Banerjee, Judges, R. Banumathi

Supreme Court Upholds Conviction in Gang Rape Case, Criticizes High Court’s Approach Date of the Judgment: 30 October 2018 Citation: (2018) INSC 928 Judges: R. Banumathi, J. and Indira Banerjee, J. Can a High Court reverse a trial court’s conviction in a rape case based on discrepancies in the timing of related police actions and […]

Supreme Court Upholds Conviction in Gang Rape Case, Criticizes High Court’s Approach: State (Govt. of NCT of Delhi) vs. Pankaj Chaudhary and Ors. (2018) INSC 928 (30 October 2018) Read Post »

Supreme Court Restores NGT Case on Land Exchange: Sarv Jan Kalyan Sewa Samiti vs. Union of India (2019)

/ Dhananjaya Y Chandrachud, Environmental Law, Hemant Gupta, Implementation of Court Orders, Judges, Judicial Discipline, National Green Tribunal, Orders of Courts, Supreme Court of India

Supreme Court Restores NGT Case on Land Exchange: Sarv Jan Kalyan Sewa Samiti vs. Union of India (2019) LEGAL ISSUE: Whether the National Green Tribunal (NGT) erred in disposing of an Original Application (OA) without considering objections after the Supreme Court had directed that the NGT should not hinder the appellant from pursuing remedies in

Supreme Court Restores NGT Case on Land Exchange: Sarv Jan Kalyan Sewa Samiti vs. Union of India (2019) Read Post »

Compassionate Appointment: Supreme Court Invokes Article 142 in Vinod Kumar Singh vs. State of Uttar Pradesh (29 October 2018)

/ A.M. Khanwilkar, Compassionate Appointment, Constitutional Law, Constitutional Law with Article 142, Judges, Kurian Joseph, Service Law

Compassionate Appointment: Supreme Court Invokes Article 142 in Vinod Kumar Singh vs. State of Uttar Pradesh (2018) LEGAL ISSUE: Whether the Supreme Court can invoke its plenary powers under Article 142 of the Constitution of India to grant compassionate appointment in a specific case, despite prior dismissals. CASE TYPE: Service Law Case Name: Vinod Kumar

Compassionate Appointment: Supreme Court Invokes Article 142 in Vinod Kumar Singh vs. State of Uttar Pradesh (29 October 2018) Read Post »

Supreme Court Enforces Arbitration Clause in Bill of Lading: Caravel Shipping vs. Premier Sea Foods (2018)

/ Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 7, Arbitration and Conciliation Act, 1996 with Section 8, Constitutional Law, Constitutional Law with Article 227, Judges, Navin Sinha, R.F. Nariman

Supreme Court Enforces Arbitration Clause in Bill of Lading: Caravel Shipping vs. Premier Sea Foods (2018) Date of the Judgment: October 29, 2018 Citation: (2018) INSC 968 Judges: R.F. Nariman, J. and Navin Sinha, J. Can a party be bound by an arbitration clause in a Bill of Lading, even if the clause is in

Supreme Court Enforces Arbitration Clause in Bill of Lading: Caravel Shipping vs. Premier Sea Foods (2018) Read Post »

Supreme Court Acquits Accused in Murder Case Due to Lack of Evidence: Ramvir vs. State of Uttar Pradesh (26 October 2018)

/ Abhay Manohar Sapre, Criminal Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 148, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Indu Malhotra, Judges, Murder, Rioting, Unlawful Assembly

Supreme Court Acquits Accused in Murder Case Due to Lack of Evidence: Ramvir vs. State of Uttar Pradesh (2018) LEGAL ISSUE: Whether the High Court was justified in convicting the appellant under Section 302 of the Indian Penal Code, 1860 and Sections 148 and 149 of the Indian Penal Code, 1860, when the trial court

Supreme Court Acquits Accused in Murder Case Due to Lack of Evidence: Ramvir vs. State of Uttar Pradesh (26 October 2018) Read Post »

Supreme Court Clarifies Gift Deed Requirements: Sarojini Amma vs. Sreekumar (2018)

/ Arun Mishra, Indira Banerjee, Judges, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 122, Transfer of Property Act, 1882 with Section 123, Transfer of Property Act, 1882 with Section 126

Supreme Court Clarifies Gift Deed Requirements: Sarojini Amma vs. Sreekumar (2018) LEGAL ISSUE: Whether a document styled as a gift deed, but executed for consideration, can be treated as a valid gift, and whether a gift deed reserving the donor’s rights is actually a will. CASE TYPE: Property Law Case Name: S. Sarojini Amma vs.

Supreme Court Clarifies Gift Deed Requirements: Sarojini Amma vs. Sreekumar (2018) Read Post »

Supreme Court Orders Open Remand for Land Compensation: Ali Akbar vs. State of Kerala (2018)

/ A.M. Khanwilkar, Appeals, Civil Procedure, Compensation, Evidence, Judges, Kurian Joseph, Land Acquisition, Reference Court, Remand

Supreme Court Orders Open Remand for Land Compensation: Ali Akbar vs. State of Kerala (2018) Date of the Judgment: 26 October 2018 Citation: Civil Appeal No(s). 10786-10787 of 2018, Civil Appeal No(s). 10788-10796 of 2018 Judges: Kurian Joseph, J., A.M. Khanwilkar, J. Can a High Court remand a land acquisition compensation case back to the

Supreme Court Orders Open Remand for Land Compensation: Ali Akbar vs. State of Kerala (2018) Read Post »

Supreme Court settles the exclusion of additional service benefits in voluntary retirement schemes: National Insurance Special Voluntary Retired/Retired Employees Association & Anr. vs. United India Insurance Co. Ltd. & Anr. (26 October 2018)

/ General Insurance (Employees) Pension Scheme, 1995, General Insurance Business (Nationalisation) Act, 1972, General Insurance Business (Nationalisation) Act, 1972 with Section 17-A, Judges, Kurian Joseph, Pension Scheme, Sanjay Kishan Kaul, Special Voluntary Retirement Scheme, 2004, Voluntary Retirement Scheme

Supreme Court Upholds Exclusion of Additional Service Benefit in Voluntary Retirement Scheme Date of the Judgment: 26 October 2018 Citation: 2018 INSC 944 Judges: Kurian Joseph, J., Sanjay Kishan Kaul, J. Can employees who opt for a special voluntary retirement scheme (SVRS) claim additional benefits from a previous pension scheme, despite explicit exclusions in the

Supreme Court settles the exclusion of additional service benefits in voluntary retirement schemes: National Insurance Special Voluntary Retired/Retired Employees Association & Anr. vs. United India Insurance Co. Ltd. & Anr. (26 October 2018) Read Post »

Supreme Court Upholds Exclusion of Notional Service Benefit in Special Voluntary Retirement Scheme: National Insurance vs. United India Insurance (26 October 2018)

/ General Insurance (Employees) Pension Scheme, 1995, General Insurance Business (Nationalisation) Act, 1972, General Insurance Business (Nationalisation) Act, 1972 with Section 17-A, Judges, Kurian Joseph, Pension Law, Sanjay Kishan Kaul, Service Law, Voluntary Retirement Scheme

Supreme Court Upholds Exclusion of Notional Service Benefit in Special Voluntary Retirement Scheme: National Insurance vs. United India Insurance (2018) LEGAL ISSUE: Whether employees who opted for the Special Voluntary Retirement Scheme (SVRS) 2004 are entitled to the notional five-year service benefit under the General Insurance (Employees) Pension Scheme, 1995. CASE TYPE: Service Law Case

Supreme Court Upholds Exclusion of Notional Service Benefit in Special Voluntary Retirement Scheme: National Insurance vs. United India Insurance (26 October 2018) Read Post »

Supreme Court Upholds Exclusion of Notional Service Benefit in Special Voluntary Retirement Scheme: National Insurance Special Voluntary Retired/Retired Employees Association vs. United India Insurance Co. Ltd. (26 October 2018)

/ Judges, Kurian Joseph, Pension Law, Pension Law with General Insurance (Employees) Pension Scheme, 1995, Pension Scheme, Sanjay Kishan Kaul, Service Law, Service Law with Section 17-A of the General Insurance Business (Nationalisation) Act, 1972, Voluntary Retirement Scheme

Supreme Court Upholds Exclusion of Notional Service Benefit in Special Voluntary Retirement Scheme: National Insurance Special Voluntary Retired/Retired Employees Association vs. United India Insurance Co. Ltd. (2018) LEGAL ISSUE: Whether employees who opted for a Special Voluntary Retirement Scheme (SVRS) are entitled to an additional notional benefit of five years of service for pension calculation,

Supreme Court Upholds Exclusion of Notional Service Benefit in Special Voluntary Retirement Scheme: National Insurance Special Voluntary Retired/Retired Employees Association vs. United India Insurance Co. Ltd. (26 October 2018) Read Post »

Supreme Court Upholds Life Sentence with 30-Year Cap in Double Murder Case: Jitendra @ Kalla vs. State of NCT of Delhi (25 October 2018)

/ A.K. Sikri, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 427, Criminal Appeals, Judges, Sentencing, Supreme Court Judgments

Supreme Court Upholds Life Sentence with 30-Year Cap in Double Murder Case: Jitendra @ Kalla vs. State of NCT of Delhi (2018) LEGAL ISSUE: Whether a life sentence can be coupled with a condition of no remission for a specified period, and whether sentences for multiple life imprisonments should run consecutively or concurrently. CASE TYPE:

Supreme Court Upholds Life Sentence with 30-Year Cap in Double Murder Case: Jitendra @ Kalla vs. State of NCT of Delhi (25 October 2018) Read Post »

Supreme Court Upholds Acquittal in Murder Case Due to Contradictory Evidence: State of Rajasthan vs. Madan (2018) INSC 881

/ Acquittal, Criminal Appeals, Criminal Law, Evidence, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 460, Judges, Mohan M. Shantanagoudar, N. V. Ramana

Supreme Court Upholds Acquittal in Murder Case Due to Contradictory Evidence: State of Rajasthan vs. Madan (2018) INSC 881 LEGAL ISSUE: Assessment of evidence in a criminal appeal against acquittal, particularly when relying on child witnesses and circumstantial evidence. CASE TYPE: Criminal Case Name: State of Rajasthan vs. Madan @ Madaniya [Judgment Date]: 25 October

Supreme Court Upholds Acquittal in Murder Case Due to Contradictory Evidence: State of Rajasthan vs. Madan (2018) INSC 881 Read Post »

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