Author name: G.R. Hari

Supreme Court clarifies appealability of foreign award enforcement under Arbitration Act and Commercial Courts Act (7 February 2018)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 50, Commercial Courts Act, 2015, Commercial Courts Act, 2015 with Section 13, Foreign Awards, Judges, Navin Sinha, Rohinton Fali Nariman

Supreme Court Clarifies Appealability of Foreign Award Enforcement Under Arbitration Act and Commercial Courts Act LEGAL ISSUE: Whether an appeal, not maintainable under Section 50 of the Arbitration and Conciliation Act, 1996, is maintainable under Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015. CASE TYPE: Arbitration […]

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Supreme Court Mandates Fresh Mining Leases in Goa, Quashing Second Renewals: Goa Foundation vs. Sesa Sterlite Ltd. (2018)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 39(b), Deepak Gupta, Environmental Clearances, Environmental Impact Assessment, Environmental Law, Judges, Madan B. Lokur, Mines and Minerals (Development and Regulation) Act, 1957, Mines and Minerals (Development and Regulation) Act, 1957 with Section 8(3), Mining Leases

Supreme Court Mandates Fresh Mining Leases in Goa, Quashing Second Renewals: Goa Foundation vs. Sesa Sterlite Ltd. (2018) LEGAL ISSUE: Whether the State of Goa was correct in granting second renewals of mining leases instead of granting fresh leases as directed by the Supreme Court. CASE TYPE: Mining Law, Environmental Law Case Name: The Goa

Supreme Court Mandates Fresh Mining Leases in Goa, Quashing Second Renewals: Goa Foundation vs. Sesa Sterlite Ltd. (2018) Read Post »

Supreme Court Clarifies Procedure for Injunction Violations in Arbitration Cases: RK Arora vs. M/S Ace Enterprises (2018)

/ Code of Civil Procedure, Code of Civil Procedure with Order XXXIX Rule 2A, Contempt of Courts Act, Contempt of Courts Act with Section 10, Contempt of Subordinate Courts, Injunction, Judges, Kurian Joseph, Mohan M. Shantanagoudar

Supreme Court Clarifies Procedure for Injunction Violations in Arbitration Cases: RK Arora vs. M/S Ace Enterprises (2018) LEGAL ISSUE: Procedure for addressing violations of injunction orders in the context of arbitration proceedings. CASE TYPE: Civil, Arbitration Case Name: R K Arora General Manager & Anr. vs. M/S Ace Enterprises Judgment Date: 7 February 2018 Date

Supreme Court Clarifies Procedure for Injunction Violations in Arbitration Cases: RK Arora vs. M/S Ace Enterprises (2018) Read Post »

Supreme Court Grants Bail: Upholding Presumption of Innocence in Dataram Singh vs. State of Uttar Pradesh (6 February 2018)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 436, Code of Criminal Procedure, 1973 with Section 436A, Deepak Gupta, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 406, Indian Penal Code, 1860 with Section 419, Indian Penal Code, 1860 with Section 420, Judges, Madan B. Lokur, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138

Supreme Court Grants Bail: Dataram Singh vs. State of Uttar Pradesh (2018) LEGAL ISSUE: Whether bail should be granted when the accused was not arrested during investigation and there is no apprehension of absconding. CASE TYPE: Criminal Case Name: Dataram Singh vs. State of Uttar Pradesh & Anr. Judgment Date: 6 February 2018 Introduction Date

Supreme Court Grants Bail: Upholding Presumption of Innocence in Dataram Singh vs. State of Uttar Pradesh (6 February 2018) Read Post »

Supreme Court clarifies land acquisition timelines under Maharashtra Regional Town Planning Act: Chhabildas vs. State of Maharashtra (2018) INSC 96 (6 February 2018)

/ Constitutional Law, Constitutional Law with Article 142, Fundamental Rights, Judges, Land Acquisition, Maharashtra Regional Town Planning Act, 1966, Maharashtra Regional Town Planning Act, 1966 with Section 127, Maharashtra Regional Town Planning Act, 1966 with Section 49, Navin Sinha, R.F. Nariman

Supreme Court Clarifies Land Acquisition Timelines under Maharashtra Regional Town Planning Act Date of the Judgment: 6 February 2018 Citation: (2018) INSC 96 Judges: R.F. Nariman, J. and Navin Sinha, J. Can a land owner be indefinitely deprived of using their land if the government delays acquisition? The Supreme Court addressed this crucial question regarding

Supreme Court clarifies land acquisition timelines under Maharashtra Regional Town Planning Act: Chhabildas vs. State of Maharashtra (2018) INSC 96 (6 February 2018) Read Post »

Supreme Court clarifies eligibility for Hindi Language Assistants in Karnataka: State of Karnataka vs. Shankar Baburao Kangralkar (2018)

/ Deepak Gupta, Education Law, Interpretation of Statutes, Judges, Madan B. Lokur, Recruitment Rules, Service Law, Special Law vs General Law, Teacher Eligibility

Supreme Court clarifies eligibility for Hindi Language Assistants in Karnataka LEGAL ISSUE: Whether a candidate for the post of Hindi Language Assistant must possess a B.Ed. degree with Hindi as a teaching method, or if a general B.Ed. degree suffices. CASE TYPE: Service Law Case Name: The State of Karnataka & Ors. vs. Shankar Baburao

Supreme Court clarifies eligibility for Hindi Language Assistants in Karnataka: State of Karnataka vs. Shankar Baburao Kangralkar (2018) Read Post »

Supreme Court Upholds AIIMS Seniority Based on Selection Committee Merit: Bisoi vs. AIIMS (2018)

/ A. M. Khanwilkar, All India Institute of Medical Sciences Act, 1956, All India Institute of Medical Sciences Act, 1956 with Section 25, Constitutional Law, Constitutional Law with Article 32, D. Y. Chandrachud, Dipak Misra, Judges, Promotion, Seniority Dispute, Service Law

Supreme Court Upholds AIIMS Seniority Based on Selection Committee Merit: Bisoi vs. AIIMS (2018) LEGAL ISSUE: Whether the All India Institute of Medical Sciences (AIIMS) was correct in determining the seniority of faculty members based on the merit list prepared by the Selection Committee, or whether the grading system should have been the sole determinant.

Supreme Court Upholds AIIMS Seniority Based on Selection Committee Merit: Bisoi vs. AIIMS (2018) Read Post »

Supreme Court Upholds Conviction in Kerosene Burning Case Based on Dying Declaration: Madan @ Madhu Patekar vs. The State of Maharashtra (2018) INSC 84 (6 February 2018)

/ Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 32, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Judges, N.V. Ramana, Offences Against Human Body, Relevancy of facts, S. Abdul Nazeer

Supreme Court Upholds Conviction in Kerosene Burning Case Based on Dying Declaration Date of the Judgment: 6 February 2018 Citation: (2018) INSC 84 Judges: N.V. Ramana, J., S. Abdul Nazeer, J. Can a dying declaration alone be the basis for conviction in a criminal case? The Supreme Court of India recently addressed this crucial question

Supreme Court Upholds Conviction in Kerosene Burning Case Based on Dying Declaration: Madan @ Madhu Patekar vs. The State of Maharashtra (2018) INSC 84 (6 February 2018) Read Post »

Supreme Court Upholds Termination Clause in Power Purchase Agreement: Rithwik Energy vs. BESCOM (2018)

/ Contract Law, Contract Law with Estoppel, Default Notice, Electricity Act with Open Access, Electricity Law, Judges, Navin Sinha, Power Purchase Agreement, R.F. Nariman, Termination Clause

Supreme Court Upholds Termination Clause in Power Purchase Agreement: Rithwik Energy vs. BESCOM (2018) LEGAL ISSUE: Whether a notice of default under a Power Purchase Agreement (PPA) must strictly adhere to the terms of the agreement to be valid, and whether a party can be estopped from challenging a finding on a subsequent event it

Supreme Court Upholds Termination Clause in Power Purchase Agreement: Rithwik Energy vs. BESCOM (2018) Read Post »

Supreme Court Clarifies Remedy for Non-Award of Interest in Land Acquisition Cases: Union of India vs. Pushpavathi (2018) INSC 113

/ Abhay Manohar Sapre, Constitutional Law, Constitutional Law with Article 226, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 18, Land Acquisition Act, 1894 with Section 28A, Land Acquisition Act, 1894 with Section 34, R.K. Agrawal, Remedies, Writ Petition

Supreme Court Clarifies Remedy for Non-Award of Interest in Land Acquisition Cases Date of the Judgment: February 06, 2018 Citation: (2018) INSC 113 Judges: R.K. Agrawal, J., Abhay Manohar Sapre, J. (authored the judgment) Can a landowner, aggrieved by the Collector’s failure to award interest on compensation in land acquisition cases, directly approach the Civil

Supreme Court Clarifies Remedy for Non-Award of Interest in Land Acquisition Cases: Union of India vs. Pushpavathi (2018) INSC 113 Read Post »

Supreme Court Allows Deduction of Quantity Discounts in VAT Calculation: Maya Appliances vs. Commissioner of Commercial Taxes (2018)

/ A M Khanwilkar, D Y Chandrachud, Dipak Misra, Judges, Karnataka Value Added Tax Act, 2003, Karnataka Value Added Tax Act, 2003 with Section 2(34), Karnataka Value Added Tax Act, 2003 with Section 2(36), Karnataka Value Added Tax Act, 2003 with Section 3, Karnataka Value Added Tax Rules, 2005, Karnataka Value Added Tax Rules, 2005 with Rule 3(2)(c), Tax Law, Taxable Turnover, Trade Discounts, Value Added Tax

Supreme Court Allows Deduction of Quantity Discounts in VAT Calculation: Maya Appliances vs. Commissioner of Commercial Taxes (2018) Date of the Judgment: 06 February 2018 Citation: (2018) INSC 87 Judges: Dipak Misra, CJI, A M Khanwilkar, J, Dr D Y Chandrachud, J. Can a company deduct discounts given to distributors from its taxable turnover, even

Supreme Court Allows Deduction of Quantity Discounts in VAT Calculation: Maya Appliances vs. Commissioner of Commercial Taxes (2018) Read Post »

Supreme Court Clarifies Motor Vehicle Ownership in Accident Claims: Naveen Kumar vs. Vijay Kumar (2018)

/ A M Khanwilkar, D Y Chandrachud, Dipak Misra, Judges, Motor Vehicle Accident Compensation, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 2(30), Motor Vehicles Act, 1988 with Section 50

Supreme Court Clarifies Motor Vehicle Ownership in Accident Claims: Naveen Kumar vs. Vijay Kumar (2018) LEGAL ISSUE: Determining the “owner” of a motor vehicle for liability in accident claims when the vehicle has been sold but the registration remains in the seller’s name. CASE TYPE: Motor Vehicle Accident Compensation Case Name: Naveen Kumar vs. Vijay

Supreme Court Clarifies Motor Vehicle Ownership in Accident Claims: Naveen Kumar vs. Vijay Kumar (2018) Read Post »

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