Author name: G.R. Hari

Supreme Court clarifies tender eligibility criteria for construction projects: M/s Sam Built Well Pvt. Ltd. vs. Deepak Builders & Ors. (2017)

/ Contract Law, Contract Law with Clause 8 of the Notice Inviting Tenders, Judges, Navin Sinha, R.F. Nariman, Tender Disputes

LEGAL ISSUE: What constitutes “similar work” in tender documents for construction projects? CASE TYPE: Contract Law, Tender Disputes Case Name: M/s Sam Built Well Pvt. Ltd. vs. Deepak Builders & Ors. Judgment Date: December 14, 2017 Introduction Can a court interfere with an expert committee’s decision on tender eligibility? The Supreme Court of India addressed […]

Supreme Court clarifies tender eligibility criteria for construction projects: M/s Sam Built Well Pvt. Ltd. vs. Deepak Builders & Ors. (2017) Read Post »

Toyota Loses Trademark Battle: Supreme Court Upholds Prius Auto’s Rights (2017)

/ Judges, Navin Sinha, Passing Off, Ranjan Gogoi, Trade Marks Act, 1999, Trade Marks Act, 1999 with Section 2(1)(zg), Trade Marks Act, 1999 with Section 30

LEGAL ISSUE: Whether a global trademark’s reputation automatically extends to India, allowing a passing off claim against a local user, even if the global brand hasn’t established a significant presence in the Indian market. CASE TYPE: Trademark Infringement and Passing Off Case Name: Toyota Jidosha Kabushiki Kaisha vs. M/S Prius Auto Industries Ltd. & Ors.

Toyota Loses Trademark Battle: Supreme Court Upholds Prius Auto’s Rights (2017) Read Post »

Supreme Court Upholds Conviction in Murder Case, Emphasizes Eye Witness Testimony: State of U.P. vs. Raghuvir (2017)

/ Code of Criminal Procedure, Code of Criminal Procedure with Section 313, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, R. Banumathi, Uday Umesh Lalit

LEGAL ISSUE: Admissibility of eye witness testimony and ballistic evidence in a murder case. CASE TYPE: Criminal Law Case Name: State of U.P. vs. Raghuvir and Anr. Judgment Date: 13 December 2017 Date of the Judgment: 13 December 2017 Citation: (2017) INSC 1048 Judges: R. Banumathi, J. and Uday Umesh Lalit, J. Can inconsistencies in

Supreme Court Upholds Conviction in Murder Case, Emphasizes Eye Witness Testimony: State of U.P. vs. Raghuvir (2017) Read Post »

Supreme Court Orders Appointment of Excise Inspectors: Manish Kathuria vs. State of Punjab (2017)

/ Amitava Roy, Constitutional Law, Constitutional Law with Article 142, Judges, Kurian Joseph, Service Law

Can a court use its special powers to ensure justice when there are available government job vacancies? The Supreme Court of India addressed this question in a case involving delayed appointments for the post of Excise and Taxation Inspector. The court used its powers under Article 142 of the Constitution to direct the State of

Supreme Court Orders Appointment of Excise Inspectors: Manish Kathuria vs. State of Punjab (2017) Read Post »

Supreme Court Directs Search Engines to Curb Sex Selection Ads: Dr. Sabu Mathew George vs. Union of India (2017)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 19(1)(a), D.Y. Chandrachud, Dipak Misra, Fundamental Rights, Judges, The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 with Section 22, The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 with Section 26

LEGAL ISSUE: The core legal issue revolves around the interpretation and implementation of Section 22 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, specifically concerning the prohibition of advertisements related to sex selection on the internet. CASE TYPE: Public Interest Litigation Case Name: Dr. Sabu Mathew George vs. Union of

Supreme Court Directs Search Engines to Curb Sex Selection Ads: Dr. Sabu Mathew George vs. Union of India (2017) Read Post »

Supreme Court Lapses Land Acquisition for Non-Payment of Compensation: Malik Industry vs. State of Haryana (2017)

/ Amitava Roy, Judges, Kurian Joseph, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with Section 24(2)

LEGAL ISSUE: Whether land acquisition proceedings lapse if compensation is not paid to landowners, but only deposited with the Land Acquisition Collector. CASE TYPE: Land Acquisition Case Name: Malik Industry & Anr. vs. State of Haryana & Ors. [Judgment Date]: 12 December 2017 Date of the Judgment: 12 December 2017 Citation: (2017) INSC 713 Judges:

Supreme Court Lapses Land Acquisition for Non-Payment of Compensation: Malik Industry vs. State of Haryana (2017) Read Post »

Supreme Court Upholds Partition Act in Property Dispute: S. Esabella vs. C. Thankarajan (2017)

/ Amitava Roy, Judges, Kurian Joseph, Partition Act, Partition Act with Section 2

LEGAL ISSUE: Whether a final decree can be challenged if the preliminary decree was not challenged, especially concerning the practicalities of partition. CASE TYPE: Civil Property Partition. Case Name: S. Esabella vs. C. Thankarajan. [Judgment Date]: December 12, 2017. Introduction Date of the Judgment: December 12, 2017. Citation: (2017) INSC 990. Judges: Kurian Joseph, J.

Supreme Court Upholds Partition Act in Property Dispute: S. Esabella vs. C. Thankarajan (2017) Read Post »

Supreme Court clarifies applicability of Legal Metrology Act to hotels and restaurants: Federation of Hotel and Restaurant Associations of India vs. Union of India (2017)

/ Constitution of India, Constitution of India with Article 366 (29-A), Judges, Legal Metrology Act, 2009, Legal Metrology Act, 2009 with Section 2(l), Navin Sinha, Pre-packaged commodity, R.F. Nariman, Sale

Date of the Judgment: December 12, 2017 Citation: (2017) INSC 1084 Judges: R.F. Nariman, J., Navin Sinha, J. Can hotels and restaurants charge more than the Maximum Retail Price (MRP) for packaged water bottles? The Supreme Court addressed this question, clarifying the scope of the Legal Metrology Act, 2009, and its applicability to the service

Supreme Court clarifies applicability of Legal Metrology Act to hotels and restaurants: Federation of Hotel and Restaurant Associations of India vs. Union of India (2017) Read Post »

Supreme Court Clarifies Beneficiaries in Public Interest Litigation on Slum Relocation: Sudama Singh & Ors. vs. Deepak Mohan Spolia & Ors. (2017) INSC 1038 (12 December 2017)

/ Amitava Roy, Beneficiaries in PIL, Constitutional Law, Constitutional Law with Article 21, Fundamental Rights, Judges, Kurian Joseph, Public Interest Litigation

Date of the Judgment: 12 December 2017 Citation: (2017) INSC 1038 Judges: Kurian Joseph, J. and Amitava Roy, J. Can a High Court limit the benefits of a Public Interest Litigation (PIL) judgment to only the petitioners, excluding other affected parties named in the petition? The Supreme Court addressed this question in a case concerning

Supreme Court Clarifies Beneficiaries in Public Interest Litigation on Slum Relocation: Sudama Singh & Ors. vs. Deepak Mohan Spolia & Ors. (2017) INSC 1038 (12 December 2017) Read Post »

Supreme Court clarifies procedure for re-determination of land acquisition compensation under Section 28A when the initial award is under appeal: Bharatsingh vs. State of Maharashtra (2017)

/ Judges, Kurian Joseph, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 18, Land Acquisition Act, 1894 with Section 28A, R. Banumathi

Date of the Judgment: 12 December 2017 Citation: (2017) INSC 1062 Judges: Kurian Joseph, J., R. Banumathi, J. What happens when a landowner applies for increased compensation under Section 28A of The Land Acquisition Act, 1894, but the court’s award that they are relying on is being appealed? The Supreme Court addressed this issue, clarifying

Supreme Court clarifies procedure for re-determination of land acquisition compensation under Section 28A when the initial award is under appeal: Bharatsingh vs. State of Maharashtra (2017) Read Post »

Supreme Court Upholds Eviction Order: Landlord Wins Rent Dispute in Trilok Singh Chauhan vs. Ram Lal (2017)

/ A. K. Sikri, Ashok Bhushan, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 114, Judges, Provincial Small Cause Courts Act, 1887, Provincial Small Cause Courts Act, 1887 with Section 25, Revisional Jurisdiction

LEGAL ISSUE: Whether the High Court erred in reversing the Trial Court’s finding on the rate of rent and the eviction order. CASE TYPE: Civil (Landlord-Tenant Dispute) Case Name: Trilok Singh Chauhan vs. Ram Lal (Dead) Thr. Lrs [Judgment Date]: December 11, 2017 Introduction Date of the Judgment: December 11, 2017 Citation: (2017) INSC 992

Supreme Court Upholds Eviction Order: Landlord Wins Rent Dispute in Trilok Singh Chauhan vs. Ram Lal (2017) Read Post »

Supreme Court Resolves Re-evaluation of Answer Sheets in Teacher Recruitment Exam: Ran Vijay Singh vs. State of U.P. (2017)

/ Appointment, Deepak Gupta, Education Law, Examination, Judges, Madan B. Lokur, Re-evaluation, Service Law, Teacher Recruitment, U.P. Secondary Education Services Selection Board Act, 1982

LEGAL ISSUE: Whether re-evaluation of answer sheets is permissible in the absence of explicit provisions in the governing statute. CASE TYPE: Education/Service Law Case Name: Ran Vijay Singh & Ors. vs. State of U.P. & Ors. Judgment Date: 11 December 2017 Date of the Judgment: 11 December 2017 Citation: 2017 INSC 1035 Judges: Madan B.

Supreme Court Resolves Re-evaluation of Answer Sheets in Teacher Recruitment Exam: Ran Vijay Singh vs. State of U.P. (2017) Read Post »

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