Supreme Court Upholds Tribunal’s Finding on Negligence in Motor Accident Case LEGAL ISSUE: Determining liability in motor accident cases involving contributory negligence and conflicting evidence regarding the driver of the vehicle. CASE TYPE: Motor Accident Claim Case Name: Mohar Sai and Anr. vs. Gayatri Devi and Ors. Judgment Date: 27 April 2018 Introduction Date of […]
Supreme Court overturns perjury prosecution in election case: Prof. Chintamani Malviya vs. High Court of Madhya Pradesh (2018) LEGAL ISSUE: Whether a perjury prosecution should be initiated for a contradictory statement in a judicial proceeding. CASE TYPE: Criminal Appeal (Election Law) Case Name: Prof. Chintamani Malviya vs. High Court of Madhya Pradesh Judgment Date: April
Supreme Court clarifies Trial Court’s powers regarding additional charges in assault case: Osama Aziz vs State of Uttar Pradesh (2018) LEGAL ISSUE: Whether the Trial Court can frame additional charges, specifically under Section 307 of the Indian Penal Code, after a charge sheet has been filed. CASE TYPE: Criminal Law Case Name: Osama Aziz and
Supreme Court Allows Amendment of Plaint After Trial Commenced: Gurbakhsh Singh vs. Buta Singh (2018) Date of the Judgment: 27 April 2018 Citation: (2018) INSC 357 Judges: Arun Mishra, J. and Uday Umesh Lalit, J. Can a party amend their pleadings after the trial has commenced? The Supreme Court of India addressed this question in
Supreme Court refers Section 80HHC deduction for supporting manufacturers to larger bench: Commissioner of Income Tax vs. M/s Carpet India (2018) LEGAL ISSUE: Whether supporting manufacturers are entitled to the same tax deductions as direct exporters under Section 80HHC of the Income Tax Act, 1961, particularly concerning export incentives like duty drawbacks. CASE TYPE: Income
Supreme Court Partially Allows Appeal for Compensation Under Section 140 of Motor Vehicles Act: Nishan Singh vs. Oriental Insurance Company (2018) LEGAL ISSUE: Whether the Motor Accident Claims Tribunal (MACT) was correct in dismissing the claim petition for compensation due to the absence of rash and negligent driving by the truck driver, and whether the
Supreme Court Acquits Accused in NDPS Case Due to Non-Compliance of Section 50: Arif Khan vs. State of Uttarakhand (2018) LEGAL ISSUE: Whether the search and seizure of contraband was conducted as per the mandatory procedure under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985. CASE TYPE: Criminal Law, Narcotic Drugs and
Chennai Port Trust Canteen Workers: Supreme Court Rules on Employee Status (2018) LEGAL ISSUE: Whether canteen workers of Chennai Port Trust are to be treated as regular employees of the Port Trust. CASE TYPE: Labour Law Case Name: Chennai Port Trust vs. The Chennai Port Trust Industrial Employees Canteen Workers Welfare Association and Ors. Judgment
Supreme Court Clarifies Share in Property Partition: Dharmalingam vs. Lalithambal (2018) LEGAL ISSUE: Determining the correct share of a buyer in a property after multiple partitions and sales. CASE TYPE: Civil Property Partition. Case Name: A.Dharmalingam (Dead) by LRs. vs. V. Lalithambal & Ors. [Judgment Date]: April 27, 2018 Introduction Date of the Judgment: April
Supreme Court clarifies share in property partition: Dharmalingam vs. Lalithambal (2018) Read Post »
Supreme Court Allows Withdrawal of Appeals in Corruption Cases: Naveen Kaushik vs. CBI (2018) Date of the Judgment: 26 April 2018 Citation: Not Available Judges: Adarsh Kumar Goel, J. and Rohinton Fali Nariman, J. Can parties withdraw their appeals in criminal cases without prejudice to their contentions before the trial court? The Supreme Court of
Supreme Court Clarifies Requirements for Municipal Upgradation under Article 243Q: Champa Lal vs. State of Rajasthan (2018) Date of the Judgment: 26 April 2018 Citation: (2018) INSC 368 Judges: J. Chelameswar, J., Sanjay Kishan Kaul, J. Can a State government upgrade a village to a municipality without following the constitutional guidelines? The Supreme Court of
Supreme Court Rules Past Services Count for Pension Benefits in Reorganized States LEGAL ISSUE: Whether past services of employees in a bifurcated state should be counted for pension and other benefits. CASE TYPE: Service Law Case Name: Shakti Prasad Bhatt ETC. ETC. vs. The State of Uttarakhand AND ORS. ETC. Judgment Date: 26 April 2018
