Author name: G.R. Hari

Supreme Court Directs Action on Leprosy: Ensuring Dignity and Eradication (2018)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 32, D.Y. Chandrachud, Dipak Misra, Disability Assessment, Fundamental Rights, Judges, Rights of Persons with Disabilities Act, 2016, Rights of Persons with Disabilities Act, 2016 with Section 49

Supreme Court Directs Action on Leprosy: Ensuring Dignity and Eradication (2018) LEGAL ISSUE: Ensuring the rights and dignity of persons affected by leprosy and eradicating discrimination. CASE TYPE: Public Interest Litigation Case Name: Pankaj Sinha vs. Union of India and Others Judgment Date: 14 September 2018 Date of the Judgment: 14 September 2018 Citation: Not […]

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Illegal Mining in Forest Areas: Supreme Court Adjudicates on Chhattisgarh Case (14 September 2018)

/ Deepak Gupta, Environment (Protection) Act, 1986, Environment (Protection) Act, 1986 with Environmental Clearance, Environmental Impact Assessment, Forest Conservation Act, Forest Conservation Act with Mining Lease, Illegal Mining, Judges, Madan B. Lokur, Mines and Minerals (Development and Regulation) Act, 1957, Mines and Minerals (Development and Regulation) Act, 1957 with Section 5(1), S. Abdul Nazeer

Supreme Court Addresses Illegal Mining in Chhattisgarh Forests Date of the Judgment: 14 September 2018 Citation: (2018) INSC 788 Judges: Madan B. Lokur, J., S. Abdul Nazeer, J., Deepak Gupta, J. Can mining operations be allowed in forest areas under the guise of a lease? The Supreme Court of India recently addressed this critical question

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Supreme Court Upholds Readiness and Willingness Requirement in Specific Performance Suit: Jagjit Singh vs. Amarjit Singh (2018) INSC 763 (13 September 2018)

/ Breach of contract, Civil Procedure, Contract Law, Contractual Obligations, Deepak Gupta, Findings of Fact, Judges, Madan B. Lokur, Readiness and Willingness, Second Appeal, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16(c)

Supreme Court Upholds Readiness and Willingness Requirement in Specific Performance Suit Date of the Judgment: 13 September 2018 Citation: (2018) INSC 763 Judges: Madan B. Lokur, J., Deepak Gupta, J. Can a party seeking specific performance of a contract succeed if they fail to demonstrate continuous readiness and willingness to fulfill their obligations? The Supreme

Supreme Court Upholds Readiness and Willingness Requirement in Specific Performance Suit: Jagjit Singh vs. Amarjit Singh (2018) INSC 763 (13 September 2018) Read Post »

Supreme Court sets aside order for withdrawal of prosecution under Section 321 CrPC: Abdul Wahab K. vs. State of Kerala (2018)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 321, D.Y. Chandrachud, Dipak Misra, Judges

Supreme Court sets aside order for withdrawal of prosecution under Section 321 CrPC: Abdul Wahab K. vs. State of Kerala (2018) LEGAL ISSUE: Whether a Public Prosecutor can act solely on government instructions when seeking to withdraw a criminal case under Section 321 of the Code of Criminal Procedure (CrPC), and the extent of the

Supreme Court sets aside order for withdrawal of prosecution under Section 321 CrPC: Abdul Wahab K. vs. State of Kerala (2018) Read Post »

Supreme Court overturns conviction under Arms Act based on car ownership: Mohmed Rafiq vs State (2018)

/ Arms Act, 1959, Arms Act, 1959 with Section 25(1)(a), Arms Act, 1959 with Section 25(1AA), Arms Act, 1959 with Section 35, Constructive Possession, Criminal Law, Judges, L. Nageswara Rao, Possession of Illegal Arms, S.A. Bobde

Supreme Court overturns conviction under Arms Act based on car ownership: Mohmed Rafiq vs State (2018) LEGAL ISSUE: Whether mere ownership of a vehicle or property is sufficient to establish possession of illegal arms or ammunition found within it under the Arms Act, 1959. CASE TYPE: Criminal Law Case Name: Mohmed Rafiq Abdul Rahim Shaikh

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Supreme Court Upholds Auction Sale, Rejects Challenge Based on Waiver and Estoppel: Pravesh Kumar Sachdeva vs. State of Uttar Pradesh (2018)

/ Auction Sale, Contract Law, Deepak Gupta, Estoppel, Judges, Madan B. Lokur, Property Law, S. Abdul Nazeer, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Waiver

Supreme Court Upholds Auction Sale, Rejects Challenge Based on Waiver and Estoppel: Pravesh Kumar Sachdeva vs. State of Uttar Pradesh (2018) Date of the Judgment: September 13, 2018 Citation: 2018 INSC 780 Judges: Madan B. Lokur, J., S. Abdul Nazeer, J., Deepak Gupta, J. Can a party challenge an auction sale after accepting the excess

Supreme Court Upholds Auction Sale, Rejects Challenge Based on Waiver and Estoppel: Pravesh Kumar Sachdeva vs. State of Uttar Pradesh (2018) Read Post »

Supreme Court Upholds Conviction in Bribery Case: Kannan vs. State (2018)

/ Indira Banerjee, Judges, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(1)(d), Prevention of Corruption Act, 1988 with Section 13(2), Prevention of Corruption Act, 1988 with Section 7, R. Banumathi

Supreme Court Upholds Conviction in Bribery Case: Kannan vs. State (2018) Date of the Judgment: 12 September 2018 Citation: Criminal Appeal No(s). 1580 OF 2011 Judges: R. Banumathi, J. and Indira Banerjee, J. Can a public servant be convicted for accepting a bribe even if the money is not directly received by them? The Supreme

Supreme Court Upholds Conviction in Bribery Case: Kannan vs. State (2018) Read Post »

Supreme Court Reduces Sentence in Dowry Death Case: Sangita @ Rekha Sambhaji Malode vs. State of Maharashtra (2018)

/ Criminal Law, Dowry Death, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 306, Indian Penal Code, 1860 with Section 34, Indian Penal Code, 1860 with Section 498-A, Indira Banerjee, Judges, R. Banumathi

Supreme Court Reduces Sentence in Dowry Death Case: Sangita @ Rekha Sambhaji Malode vs. State of Maharashtra (2018) LEGAL ISSUE: Reduction of sentence in dowry death case. CASE TYPE: Criminal Law Case Name: Sangita @ Rekha Sambhaji Malode vs. The State of Maharashtra Judgment Date: 12 September 2018 Date of the Judgment: 12 September 2018

Supreme Court Reduces Sentence in Dowry Death Case: Sangita @ Rekha Sambhaji Malode vs. State of Maharashtra (2018) Read Post »

Supreme Court Acquits Accused in NDPS and Excise Act Case Due to Lack of Evidence: State of Uttar Pradesh vs. Hansraj (2018)

/ Excise Act, Excise Act with Section 60, Indira Banerjee, Judges, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 20(b)(ii), R. Banumathi

Supreme Court Acquits Accused in NDPS and Excise Act Case Due to Lack of Evidence: State of Uttar Pradesh vs. Hansraj (2018) Date of the Judgment: 12th September 2018 Citation: (2018) INSC 792 Judges: R. Banumathi, J., and Indira Banerjee, J. Can a conviction be upheld when there is a significant delay in sending samples

Supreme Court Acquits Accused in NDPS and Excise Act Case Due to Lack of Evidence: State of Uttar Pradesh vs. Hansraj (2018) Read Post »

Supreme Court modifies custody arrangement in child custody dispute: Rajiv Vijayasarathy Ratnam vs. Savitha Seetharam (2018)

/ Child Custody, Child Welfare, Code of Civil Procedure, 1908, Family Law, Interim Orders, Judges, Kurian Joseph, Sanjay Kishan Kaul

Supreme Court modifies custody arrangement in child custody dispute: Rajiv Vijayasarathy Ratnam vs. Savitha Seetharam (2018) Date of the Judgment: September 11, 2018 Citation: (2018) INSC 772 Judges: Kurian Joseph, J. and Sanjay Kishan Kaul, J. Can parents be restricted from interacting with their child’s school? The Supreme Court addressed this issue while hearing an

Supreme Court modifies custody arrangement in child custody dispute: Rajiv Vijayasarathy Ratnam vs. Savitha Seetharam (2018) Read Post »

Supreme Court overturns High Court order on property dispute: Kalyan Singh vs. Ravinder Kaur (2018)

/ Civil Law, Civil Procedure Code, 1908, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Second Appeal, Indira Banerjee, Judges, Property Law, R. Banumathi, Second Appeal

Supreme Court overturns High Court order on property dispute: Kalyan Singh vs. Ravinder Kaur (2018) LEGAL ISSUE: Whether the High Court was correct in reversing the judgment of the First Appellate Court based on a question of fact, when no substantial question of law was involved. CASE TYPE: Civil Property Dispute Case Name: Kalyan Singh

Supreme Court overturns High Court order on property dispute: Kalyan Singh vs. Ravinder Kaur (2018) Read Post »

Supreme Court Dismisses Appeal by Non-Parties in Land Dispute: Ashok Singh vs. State of UP (2018)

/ Abhay Manohar Sapre, Appeals, Civil Procedure, Judges, Parties to Suit, Right to Appeal, Vineet Saran

Supreme Court Dismisses Appeal by Non-Parties in Land Dispute: Ashok Singh vs. State of UP (2018) Date of the Judgment: September 11, 2018 Citation: (2018) INSC 776 Judges: Abhay Manohar Sapre, J. and Vineet Saran, J. Can individuals who were not originally involved in a legal dispute challenge the final order? The Supreme Court of

Supreme Court Dismisses Appeal by Non-Parties in Land Dispute: Ashok Singh vs. State of UP (2018) Read Post »

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