Author name: G.R. Hari

Supreme Court quashes detention order due to non-supply of documents and delayed representation: Jaseela Shaji vs. Union of India (2024)

/ Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), Constitutional Law, Constitutional Law with Article 22(5), Fundamental Rights, Preventive Detention Law

Supreme Court quashes detention order due to non-supply of documents and delayed representation: Jaseela Shaji vs. Union of India (2024) LEGAL ISSUE: Whether non-supply of relied upon documents and delay in considering the representation of a detenu vitiates a detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). […]

Supreme Court quashes detention order due to non-supply of documents and delayed representation: Jaseela Shaji vs. Union of India (2024) Read Post »

Supreme Court Commutes Death Penalty in Rape and Murder Case: Rabbu @ Sarvesh vs. State of Madhya Pradesh (2024)

/ Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 376A, Offences Against Human Body, Protection of Children from Sexual Offences Act, 2012, Protection of Children from Sexual Offences Act, 2012 with Section 5(g)/6

Supreme Court Commutes Death Penalty in Rape and Murder Case: Rabbu @ Sarvesh vs. State of Madhya Pradesh (2024) LEGAL ISSUE: Whether the death penalty awarded to the accused in a rape and murder case should be commuted to life imprisonment. CASE TYPE: Criminal Case Name: Rabbu @ Sarvesh vs. The State of Madhya Pradesh

Supreme Court Commutes Death Penalty in Rape and Murder Case: Rabbu @ Sarvesh vs. State of Madhya Pradesh (2024) Read Post »

Supreme Court allows operation of Pune Garbage Processing Plant: Pune Municipal Corporation vs. Sus Road Baner Vikas Manch (2024) INSC 682 (12 September 2024)

/ Environmental Law, Environmental Law with Environment (Protection) Act, 1986, Environmental Law with Solid Waste Management Rules, 2016, Maharashtra Regional and Town Planning Act, 1966, Maharashtra Regional and Town Planning Act, 1966 with Section 28, Solid Waste Management

Supreme Court allows operation of Pune Garbage Processing Plant: Pune Municipal Corporation vs. Sus Road Baner Vikas Manch (2024) INSC 682 (12 September 2024) LEGAL ISSUE: Whether a garbage processing plant (GPP) established before the Solid Waste Management Rules, 2016 came into force, is governed by the 2000 Rules or the 2016 Rules, and whether

Supreme Court allows operation of Pune Garbage Processing Plant: Pune Municipal Corporation vs. Sus Road Baner Vikas Manch (2024) INSC 682 (12 September 2024) Read Post »

Supreme Court Revises Selection Criteria for Laboratory Attendants: Sukhmander Singh vs. State of Punjab (2024)

/ Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Merit, Recruitment, Selection Process, Service Law

Supreme Court Revises Selection Criteria for Laboratory Attendants: Sukhmander Singh vs. State of Punjab (2024) LEGAL ISSUE: Whether the selection criteria adopted by the Punjab School Education Board (PSEB) for the recruitment of Laboratory Attendants was legally sound and merit-based. CASE TYPE: Service Law Case Name: Sukhmander Singh and Ors. vs. The State of Punjab

Supreme Court Revises Selection Criteria for Laboratory Attendants: Sukhmander Singh vs. State of Punjab (2024) Read Post »

Supreme Court Upholds Landowner’s Rights, Denies Compensation to Unauthorized Occupants in Property Dispute

/ Civil Procedure, Claims, Compensation, Evidence, Land Acquisition, Mysore (Personnel & Miscellaneous) Inams Abolition Act, 1954, Pleadings, Property Law, Vesting of Land

Supreme Court Upholds Landowner’s Rights, Denies Compensation to Unauthorized Occupants in Property Dispute LEGAL ISSUE: Entitlement to compensation for land acquired for public projects when ownership is disputed. CASE TYPE: Civil Property Dispute Case Name: Lakshmesh M. vs. P. Rajalakshmi (Dead) by Lrs. and Ors. [Judgment Date]: 11 September 2024 Date of the Judgment: 11

Supreme Court Upholds Landowner’s Rights, Denies Compensation to Unauthorized Occupants in Property Dispute Read Post »

Supreme Court clarifies Post-Award Interest under Arbitration Act: R.P. Garg vs. Telecom Department (2024)

/ Arbitration Law, Arbitration Law with Section 31(7)(b), Post-Award Interest

Supreme Court Clarifies Post-Award Interest Under Arbitration Act: R.P. Garg vs. Telecom Department (2024) LEGAL ISSUE: Whether post-award interest on an arbitral award can be denied based on a contractual clause prohibiting interest. CASE TYPE: Arbitration Law Case Name: R.P. Garg vs. The Chief General Manager, Telecom Department & Ors. [Judgment Date]: 10 September 2024

Supreme Court clarifies Post-Award Interest under Arbitration Act: R.P. Garg vs. Telecom Department (2024) Read Post »

Supreme Court Clarifies Jurisdiction in Cases of Fraudulent Sale Deeds Under U.P. Consolidation Act (10 September 2024)

/ Civil Law, Consolidation of Land Holdings, Fraudulent Sale Deeds, Jurisdiction of Civil Courts, U.P. Consolidation of Holdings Act, 1954, U.P. Consolidation of Holdings Act, 1954 with Section 4, U.P. Consolidation of Holdings Act, 1954 with Section 5

Supreme Court Clarifies Jurisdiction in Cases of Fraudulent Sale Deeds Under U.P. Consolidation Act LEGAL ISSUE: Whether a civil suit for cancellation of a sale deed obtained by fraud and impersonation is barred under the U.P. Consolidation of Holdings Act, 1954. CASE TYPE: Civil Law, Consolidation of Land Holdings Case Name: Khursheed & Anr. vs.

Supreme Court Clarifies Jurisdiction in Cases of Fraudulent Sale Deeds Under U.P. Consolidation Act (10 September 2024) Read Post »

Supreme Court Allows Appeal in Teacher Recruitment Case: Manilal vs. State of Rajasthan (2024)

/ Eligibility Criteria, National Council for Teacher Education, Rajasthan Panchayati Raj Act, 1994, Rajasthan Panchayati Raj Rules, 1996, Service Law, Teacher Recruitment

Supreme Court Allows Appeal in Teacher Recruitment Case: Manilal vs. State of Rajasthan (2024) LEGAL ISSUE: Whether candidates who secured admission to a Bachelor of Education (B.Ed) course before a specified date, but with less than 50% marks in graduation, are eligible for teacher recruitment. CASE TYPE: Service Law – Teacher Recruitment Case Name: Manilal

Supreme Court Allows Appeal in Teacher Recruitment Case: Manilal vs. State of Rajasthan (2024) Read Post »

Supreme Court clarifies scope of Section 25 of the Domestic Violence Act in maintenance cases: S. Vijikumari vs. Mowneshwarachari C (2024) INSC 732 (10 September 2024)

/ Alteration of Orders, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 125, Code of Criminal Procedure, 1973 with Section 127, Maintenance Orders, Protection of Women from Domestic Violence Act, 2005, Section 25, Protection of Women from Domestic Violence Act, 2005

Supreme Court Clarifies Scope of Section 25 of the Domestic Violence Act in Maintenance Cases LEGAL ISSUE: Scope and applicability of Section 25 of the Protection of Women from Domestic Violence Act, 2005 regarding alteration, modification, or revocation of orders. CASE TYPE: Criminal Appeal (Domestic Violence) Case Name: S. Vijikumari vs. Mowneshwarachari C [Judgment Date]:

Supreme Court clarifies scope of Section 25 of the Domestic Violence Act in maintenance cases: S. Vijikumari vs. Mowneshwarachari C (2024) INSC 732 (10 September 2024) Read Post »

Section 132 of the Indian Evidence Act: Supreme Court Clarifies Witness Protection in Criminal Cases (2024) INSC 681 (10 September 2024)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 319, Constitutional Law, Constitutional Law with Article 20(3), Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 132

Supreme Court Clarifies the Scope of Protection Under Section 132 of the Indian Evidence Act in Criminal Cases LEGAL ISSUE: The extent of protection granted to a witness under Section 132 of the Indian Evidence Act, 1872, specifically whether it provides complete immunity from prosecution if other evidence exists. CASE TYPE: Criminal Law Case Name:

Section 132 of the Indian Evidence Act: Supreme Court Clarifies Witness Protection in Criminal Cases (2024) INSC 681 (10 September 2024) Read Post »

Supreme Court Directs Eviction by Consensus in Property Dispute: Sikha Ghosh vs. Indian Oil Corporation Ltd. (2024)

/ Civil Law, Consensual Agreement, Eviction, Property Dispute Resolution, Property Law

Supreme Court Directs Eviction by Consensus in Property Dispute: Sikha Ghosh vs. Indian Oil Corporation Ltd. (2024) LEGAL ISSUE: Eviction of a tenant from a property. CASE TYPE: Civil dispute regarding property possession. Case Name: Sikha Ghosh & Others vs. Indian Oil Corporation Ltd. & Ors. [Judgment Date]: September 09, 2024 Date of the Judgment:

Supreme Court Directs Eviction by Consensus in Property Dispute: Sikha Ghosh vs. Indian Oil Corporation Ltd. (2024) Read Post »

Supreme Court Directs Return of Documents in Medical Fee Dispute: Sahil Bhargava vs. State of Uttarakhand (2024)

/ Education Law, Fee Regulation, Interim Orders, Private Educational Institutions, Uttarakhand Unaided Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006, Uttarakhand Unaided Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006 with Section 12, Uttarakhand Unaided Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006 with Section 2, Uttarakhand Unaided Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006 with Section 4

Supreme Court Directs Return of Documents in Medical Fee Dispute: Sahil Bhargava vs. State of Uttarakhand (2024) LEGAL ISSUE: Whether students should be allowed to pursue their postgraduate studies and practice medicine when a dispute over college fees is pending before the High Court. CASE TYPE: Education Law, specifically relating to fee regulation in private

Supreme Court Directs Return of Documents in Medical Fee Dispute: Sahil Bhargava vs. State of Uttarakhand (2024) Read Post »

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