Supreme Court Clarifies Application of Section 195(1)(b)(ii) CrPC in Forgery Cases: Vishnu Chandru Gaonkar vs. N.M. Dessai (2018) LEGAL ISSUE: Whether a complaint under Section 195(1)(b)(ii) of the Code of Criminal Procedure, 1973 (CrPC) can be initiated for forgery of a document when the forgery occurred before the document was produced in court. CASE TYPE: […]
Supreme Court mandates strict compliance with treasury challan rules for election petitions Date of the Judgment: 06 March 2018 Citation: (2018) INSC 182 Judges: Dipak Misra, CJI, A.M. Khanwilkar, J., D.Y. Chandrachud, J. Can an election petition be dismissed if the treasury challan is not submitted along with the petition? The Supreme Court addressed this
Supreme Court Clarifies Tax Rates on Works Contracts Before 2006: State of Karnataka vs. Durga Projects Inc. LEGAL ISSUE: Determination of the applicable tax rate on goods involved in works contracts under the Karnataka Value Added Tax Act, 2003 (KVAT Act) before the amendment of Section 4(1)(c) on 1 April 2006. CASE TYPE: Tax Law
Supreme Court Upholds Res Judicata in Land Dispute: Andanur Kalamma vs. Gangamma (2018) Date of the Judgment: March 6, 2018 Citation: (2018) INSC 174 Judges: Dipak Misra, CJI, A.M. Khanwilkar, J., Dr. D.Y. Chandrachud, J. Can a land dispute be re-litigated after multiple rounds of litigation in revenue and writ jurisdiction? The Supreme Court addressed
Supreme Court Upholds Appointment of Additional Judges: Sunil Samdaria vs. Union of India (2018) LEGAL ISSUE: Whether the appointment of Additional Judges for a term less than two years is valid under Article 224 of the Constitution of India, and whether a retired judicial officer is eligible for appointment as an Additional Judge. CASE TYPE:
Supreme Court clarifies incorporation of arbitration clauses by reference: Elite Engineering vs. Techtrans Construction (2018) LEGAL ISSUE: Whether an arbitration clause from a main contract can be incorporated into a sub-contract by reference. CASE TYPE: Arbitration Law Case Name: M/S. Elite Engineering and Construction (Hyd.) Private Limited vs. M/S. Techtrans Construction India Private Limited Judgment
Supreme Court clarifies ‘Sale Price’ under Rajasthan Sales Tax Act: Universal Cylinders Ltd. vs. Commercial Taxes Officer (2018) LEGAL ISSUE: Determination of ‘sale price’ and ‘turnover’ under the Rajasthan Sales Tax Act, 1994, when the final price is fixed after the provisional price. CASE TYPE: Tax Law. Case Name: M/s. Universal Cylinders Limited vs. The
Supreme Court Clarifies Price Adjustment Formula in Highway Contracts Date of the Judgment: 23 February 2018 Citation: Civil Appeal No. 458 of 2018 Judges: A.K. Sikri, J., Ashok Bhushan, J. Can a contractual clause be interpreted in a way that leads to unrealistic price adjustments? The Supreme Court of India recently addressed this question in
Supreme Court Clarifies Liquor Ban Proximity to Highways: State of Tamil Nadu vs. K. Balu (2018) LEGAL ISSUE: Interpretation of the term “municipal areas” concerning the prohibition of liquor sales near highways. CASE TYPE: Civil Case Name: The State of Tamil Nadu & Ors. vs. K. Balu and Anr. Judgment Date: 23 February 2018 Date
Supreme Court overturns High Court in property sale dispute: Dalip Singh vs. Bhupinder Kaur (2018) LEGAL ISSUE: Whether the High Court was correct in overturning the concurrent findings of fact by the trial court and the lower appellate court regarding an agreement to sell. CASE TYPE: Civil Appeal (Specific Performance of Contract) Case Name: Dalip
Supreme Court Upholds SARFAESI Act Invocation by Successor-in-Interest in Indiabulls Housing Finance vs. Deccan Chronicle Holdings (2018) LEGAL ISSUE: Whether a successor-in-interest, like Indiabulls Housing Finance Limited, can invoke the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) when the original lender, Indiabulls Financial Services Limited (IBFSL), was
Supreme Court Clarifies Scope of Revisional Powers under Section 398 CrPC: Rajendra Rajoriya vs. Jagat Narain Thapak (2018) LEGAL ISSUE: Scope of revisional powers under Section 398 of the Code of Criminal Procedure, 1973. CASE TYPE: Criminal Case Name: Rajendra Rajoriya vs. Jagat Narain Thapak and Another Judgment Date: 23 February 2018 Introduction Date of
