Author name: G.R. Hari

Supreme Court clarifies “Denial of Market Access” under Competition Act: Competition Commission of India vs. Fast Way Transmission (2018)

/ Abuse of Dominant Position, Competition Act, 2002, Competition Act, 2002 with Section 4(2)(c), Judges, Navin Sinha, R.F. Nariman, Relevant Market, Telecommunication (Broadcasting and Cable Services) Interconnection Regulations, 2004, Telecommunication Regulations, Telecommunication Regulations with Regulation 4.2

Supreme Court on Market Access Denial Under Competition Act: Competition Commission of India vs. Fast Way Transmission (2018) LEGAL ISSUE: Whether termination of a broadcast agreement by a dominant Multi-System Operator (MSO) constitutes “denial of market access” under Section 4(2)(c) of the Competition Act, 2002, even if the broadcaster and MSO are not direct competitors. […]

Supreme Court clarifies “Denial of Market Access” under Competition Act: Competition Commission of India vs. Fast Way Transmission (2018) Read Post »

Supreme Court Clarifies Eligibility for District Judge Appointments: Dheeraj Mor vs. High Court of Delhi (2018)

/ Appointment of District Judges, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 233, Fundamental Rights, Judges, Kurian Joseph, Mohan M. Shantanagoudar, Service Law

LEGAL ISSUE: Interpretation of Article 233 of the Constitution of India regarding the eligibility criteria for direct recruitment of District Judges. CASE TYPE: Service Law Case Name: Dheeraj Mor vs. Hon’ble High Court of Delhi Judgment Date: 23 January 2018 Date of the Judgment: 23 January 2018 The Supreme Court of India, in a batch

Supreme Court Clarifies Eligibility for District Judge Appointments: Dheeraj Mor vs. High Court of Delhi (2018) Read Post »

Supreme Court clarifies the application of Res Judicata in Municipal Law: Municipal Corporation of Greater Mumbai vs. Pankaj Arora (2018) INSC 23 (23 January 2018)

/ Code of Criminal Procedure, Code of Criminal Procedure with Section 378, Judges, Mumbai Municipal Corporation Act, 1888, Municipal Law, Municipal Law with Section 354, Municipal Law with Section 475A, N.V. Ramana, S. Abdul Nazeer

Supreme Court Clarifies Res Judicata in Municipal Corporation Case LEGAL ISSUE: Whether a court’s observations on the merits of a case are binding when the court lacks jurisdiction to make such observations. CASE TYPE: Criminal Law, Municipal Law Case Name: Municipal Corporation of Greater Mumbai vs. Pankaj Arora (Secretary) and Others Judgment Date: 23 January

Supreme Court clarifies the application of Res Judicata in Municipal Law: Municipal Corporation of Greater Mumbai vs. Pankaj Arora (2018) INSC 23 (23 January 2018) Read Post »

Supreme Court Orders Retrial in Murder Case Due to Procedural Errors: Issac vs. Ronald Cheriyan (2018)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 386, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 34, Judges, Offences Against Human Body, R. Banumathi, Ranjan Gogoi

Supreme Court Orders Retrial in Murder Case Due to Procedural Errors: Issac vs. Ronald Cheriyan (2018) LEGAL ISSUE: Whether the High Court was correct in ordering a retrial due to procedural errors in the original trial. CASE TYPE: Criminal Case Name: Issac @ Kishor vs. Ronald Cheriyan and Ors. [Judgment Date]: 23 January 2018 Date

Supreme Court Orders Retrial in Murder Case Due to Procedural Errors: Issac vs. Ronald Cheriyan (2018) Read Post »

Supreme Court Upholds Conviction in Murder Case: Dashrath vs. State of Chhattisgarh (23 January 2018)

/ Criminal Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, Murder, R. Banumathi, R.K. Agrawal, Unlawful Assembly, Vicarious Liability

Supreme Court Upholds Conviction in Murder Case: Dashrath vs. State of Chhattisgarh (2018) Date of the Judgment: 23 January 2018 Citation: (2018) INSC 23 Judges: R.K. Agrawal, J., R. Banumathi, J. Can a group of individuals be held liable for murder if they share a common intention, even if not all directly inflicted the fatal

Supreme Court Upholds Conviction in Murder Case: Dashrath vs. State of Chhattisgarh (23 January 2018) Read Post »

Supreme Court Upholds Employee’s Right to Choose Employment Over Compensation in Compassionate Appointment Case

/ Compassionate Appointment, Contract Law, Interpretation of Contracts, Judges, Kurian Joseph, Mohan M. Shantanagoudar, Service Law, Service Law with Bipartite Agreement

Supreme Court Upholds Employee’s Right to Choose Employment Over Compensation in Compassionate Appointment Case LEGAL ISSUE: Whether a female dependent of a deceased employee has the right to choose employment over monetary compensation as per a bipartite agreement. CASE TYPE: Service Law/Compassionate Appointment Case Name: Smt. Subhadra vs. The Ministry of Coal and Anr. Judgment

Supreme Court Upholds Employee’s Right to Choose Employment Over Compensation in Compassionate Appointment Case Read Post »

Supreme Court to Re-Examine Eligibility Criteria for District Judge Appointments: Dheeraj Mor vs. High Court of Delhi (23 January 2018)

/ Constitutional Law, Constitutional Law with Article 233, District Judge Appointments, Judges, Kurian Joseph, Mohan M. Shantanagoudar, Service Law

Supreme Court on Eligibility for District Judge Appointments: Dheeraj Mor vs. High Court of Delhi (2018) LEGAL ISSUE: Interpretation of Article 233 of the Constitution of India regarding the eligibility criteria for direct recruitment of District Judges. CASE TYPE: Service Law, Constitutional Law Case Name: Dheeraj Mor vs. Hon’ble High Court of Delhi Judgment Date:

Supreme Court to Re-Examine Eligibility Criteria for District Judge Appointments: Dheeraj Mor vs. High Court of Delhi (23 January 2018) Read Post »

Supreme Court overturns conviction in culpable homicide case: State of Madhya Pradesh vs. Nande @ Nandkishore Singh (2018) INSC 25

/ Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 304, Judges, N.V. Ramana, Offences Against Human Body, S. Abdul Nazeer

Supreme Court overturns conviction in Madhya Pradesh culpable homicide case LEGAL ISSUE: Whether the High Court was correct in reversing the Trial Court’s conviction of the accused for culpable homicide not amounting to murder. CASE TYPE: Criminal Appeal Case Name: State of Madhya Pradesh vs. Nande @ Nandkishore Singh Judgment Date: 23 January 2018 Introduction

Supreme Court overturns conviction in culpable homicide case: State of Madhya Pradesh vs. Nande @ Nandkishore Singh (2018) INSC 25 Read Post »

Supreme Court clarifies the scope of Interim Awards under Arbitration and Conciliation Act: IFFCO vs. Bhadra Products (23 January 2018)

/ Arbitral Award, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 16, Arbitration and Conciliation Act, 1996 with Section 34, Judges, Navin Sinha, R.F. Nariman

Supreme Court Clarifies Interim Awards Under Arbitration Act: IFFCO vs. Bhadra Products (2018) Date of the Judgment: 23 January 2018 Citation: M/S Indian Farmers Fertilizer Co-Operative Limited v. M/S Bhadra Products (2018) INSC 47 Judges: R.F. Nariman, J. and Navin Sinha, J. Can an arbitrator’s decision on the issue of limitation be considered an interim

Supreme Court clarifies the scope of Interim Awards under Arbitration and Conciliation Act: IFFCO vs. Bhadra Products (23 January 2018) Read Post »

Supreme Court Clarifies Validity of Engineering Degrees Awarded Through Distance Education: Orissa Lift Irrigation Corp. Ltd vs. Rabi Sankar Patro (22 January 2018)

/ Adarsh Kumar Goel, All India Council for Technical Education (AICTE) Act, 1987, All India Council for Technical Education Act, 1987 with Section 10, Deemed Universities, Distance Education, Education Law, Judges, Technical Education, Uday Umesh Lalit

Supreme Court Clarifies Validity of Engineering Degrees Awarded Through Distance Education: Orissa Lift Irrigation Corp. Ltd vs. Rabi Sankar Patro (2018) LEGAL ISSUE: Clarification on the validity of engineering degrees obtained through distance education from deemed universities and the applicability of a mandatory test. CASE TYPE: Civil Appellate Jurisdiction Case Name: Orissa Lift Irrigation Corp.

Supreme Court Clarifies Validity of Engineering Degrees Awarded Through Distance Education: Orissa Lift Irrigation Corp. Ltd vs. Rabi Sankar Patro (22 January 2018) Read Post »

Supreme Court disposes of land acquisition compensation appeals: Nachhatar Singh vs. State of Punjab (2018)

/ Appeals, Civil Law, Compensation, Judges, Kurian Joseph, Land Acquisition, Mohan M. Shantanagoudar

Supreme Court disposes of land acquisition compensation appeals: Nachhatar Singh vs. State of Punjab (2018) LEGAL ISSUE: Land acquisition compensation. CASE TYPE: Civil. Case Name: Nachhatar Singh Etc. Etc. vs. The State of Punjab & Ors. [Judgment Date]: January 22, 2018 Date of the Judgment: January 22, 2018 Citation: [Not Available in Source] Judges: Kurian

Supreme Court disposes of land acquisition compensation appeals: Nachhatar Singh vs. State of Punjab (2018) Read Post »

Supreme Court Quashes FIR in Cheating Case: Anita Maria Dias vs. State of Maharashtra (2018)

/ A.K. Sikri, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 406, Indian Penal Code, 1860 with Section 420, Inherent Powers of the High Court, Judges, Offences Relating to Property

Supreme Court Quashes FIR in Cheating Case: Anita Maria Dias vs. State of Maharashtra (2018) LEGAL ISSUE: Whether a criminal case involving allegations of cheating can be quashed by the High Court when the parties have reached a settlement? CASE TYPE: Criminal Case Name: Smt. Anita Maria Dias & Anr. vs. The State of Maharashtra

Supreme Court Quashes FIR in Cheating Case: Anita Maria Dias vs. State of Maharashtra (2018) Read Post »

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