Author name: G.R. Hari

Supreme Court modifies Labour Court Award in Daily Wage Termination Case: District Development Officer vs. Satish Kantilal Amrelia (2017) INSC 988 (28 November 2017)

/ Abhay Manohar Sapre, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 25-F, Industrial Disputes Act, 1947 with Section 25-G, Judges, R.K. Agrawal, Reinstatement

Date of the Judgment: 28 November 2017 Citation: (2017) INSC 988 Judges: R.K. Agrawal, J., Abhay Manohar Sapre, J. Can a daily wage worker, whose services were terminated due to a procedural defect, automatically get reinstatement with full back wages? The Supreme Court addressed this issue while hearing an appeal against a Labour Court award. […]

Supreme Court modifies Labour Court Award in Daily Wage Termination Case: District Development Officer vs. Satish Kantilal Amrelia (2017) INSC 988 (28 November 2017) Read Post »

Supreme Court Allows Continued Disciplinary Proceedings Post-Retirement for Pension Impact: Dr. Nazrul Islam vs. Union of India (2017)

/ All India Services (Death-cum-Retirement Benefits) Rules, 1958, Amitava Roy, Judges, Kurian Joseph, Pension and Gratuity, Service Law, Service Law with Rule 6(1)

LEGAL ISSUE: Whether disciplinary proceedings can continue after an employee’s retirement, specifically concerning pension and gratuity. CASE TYPE: Service Law Case Name: Dr. Nazrul Islam vs. Union of India & Ors. Judgment Date: 28 November 2017 Date of the Judgment: 28 November 2017 Citation: (2017) INSC 975 Judges: Kurian Joseph, J. and Amitava Roy, J.

Supreme Court Allows Continued Disciplinary Proceedings Post-Retirement for Pension Impact: Dr. Nazrul Islam vs. Union of India (2017) Read Post »

Supreme Court Enhances Compensation for Agricultural Laborer’s Death in Road Accident: Laxmidhar Nayak vs. Jugal Kishore Behera (2017)

/ Compensation, Judges, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Second Schedule, R. Banumathi, Ranjan Gogoi

LEGAL ISSUE: Determination of fair compensation in a motor accident claim, specifically concerning the income of a deceased agricultural laborer and the inclusion of household work in assessing compensation. CASE TYPE: Motor Accident Compensation Claim Case Name: Laxmidhar Nayak and Ors. vs. Jugal Kishore Behera and Ors. Judgment Date: November 28, 2017 Introduction Date of

Supreme Court Enhances Compensation for Agricultural Laborer’s Death in Road Accident: Laxmidhar Nayak vs. Jugal Kishore Behera (2017) Read Post »

Supreme Court Upholds Appointment of Special Director CBI: Common Cause vs. Union of India (2017)

/ Abhay Manohar Sapre, Appointment of Public Officials, Central Bureau of Investigation (CBI), Delhi Special Police Establishment Act, 1946, Delhi Special Police Establishment Act, 1946 with Section 4C, Judges, R.K. Agrawal, Service Law

LEGAL ISSUE: Whether the appointment of the Special Director of the Central Bureau of Investigation (CBI) was valid, given allegations of impropriety and procedural lapses. CASE TYPE: Public Interest Litigation (Service Law) Case Name: Common Cause vs. Union of India and Others Judgment Date: 28 November 2017 Introduction Can an appointment to a high-ranking position

Supreme Court Upholds Appointment of Special Director CBI: Common Cause vs. Union of India (2017) Read Post »

Supreme Court Dismisses PIL Against “Padmavati” Release: Manohar Lal Sharma vs. Sanjay Leela Bhansali & Ors. (28 November 2017)

/ A.M. Khanwilkar, Cinematograph Act, 1952, Cinematograph Act, 1952 with Section 7, Constitutional Law, D.Y. Chandrachud, Dipak Misra, Freedom of Speech and Expression, Indecent Representation of Women (Prohibition) Act, 1986, Indecent Representation of Women (Prohibition) Act, 1986 with Section 4, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 153A, Indian Penal Code, 1860 with Section 295, Indian Penal Code, 1860 with Section 295A, Judges

Can a court interfere with a film’s release before the Central Board of Film Certification (CBFC) makes a decision? The Supreme Court of India addressed this question in a public interest litigation (PIL) concerning the film “Padmavati.” The Court dismissed the petition, emphasizing the importance of the CBFC’s role and the freedom of artistic expression.

Supreme Court Dismisses PIL Against “Padmavati” Release: Manohar Lal Sharma vs. Sanjay Leela Bhansali & Ors. (28 November 2017) Read Post »

Supreme Court Disposes of Property Dispute Following Out-of-Court Settlement: V.M. Manomani & Ors. vs. Shanthi (2017)

/ Amitava Roy, Civil Procedure, Code of Civil Procedure, 1908, Judges, Kurian Joseph, Order XXIII, Code of Civil Procedure, 1908, Out of Court Settlement

Can a civil appeal be disposed of if the parties have settled their dispute outside of court? The Supreme Court of India addressed this question in the case of V.M. Manomani & Ors. vs. Shanthi. This case involved a property dispute. The court disposed of the appeal after the parties informed the court of their

Supreme Court Disposes of Property Dispute Following Out-of-Court Settlement: V.M. Manomani & Ors. vs. Shanthi (2017) Read Post »

Supreme Court clarifies remedy against forfeiture of deposit under SARFAESI Act: Agarwal Tracom Pvt. Ltd. vs. Punjab National Bank & Ors. (27 November 2017)

/ Abhay Manohar Sapre, Judges, R.K. Agrawal, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 with Section 13(4), Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 with Section 17, Security Interest (Enforcement) Rules, 2002 with Rule 9(5)

LEGAL ISSUE: Whether an auction purchaser can challenge the forfeiture of deposit under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) by filing an application before the Debt Recovery Tribunal (DRT). CASE TYPE: Securitisation Law Case Name: Agarwal Tracom Pvt. Ltd. vs. Punjab National Bank & Ors.

Supreme Court clarifies remedy against forfeiture of deposit under SARFAESI Act: Agarwal Tracom Pvt. Ltd. vs. Punjab National Bank & Ors. (27 November 2017) Read Post »

Supreme Court Upholds Denial of Regularization for Temporary Employees: Raj Balam Prasad vs. State of Bihar (27 November 2017)

/ Abhay Manohar Sapre, Bihar and Orissa Public Demand Recovery Act, Bihar and Orissa Public Demand Recovery Act with Rule 57-A, Bihar Certificate Manual, Judges, R.K. Agrawal, Regularization of Employees, Service Law, Temporary Employment

Date of the Judgment: 27 November 2017 Citation: Raj Balam Prasad & Ors. vs. State of Bihar & Ors. Civil Appeal No.19846 of 2017 Judges: R.K. Agrawal, J., Abhay Manohar Sapre, J. Can temporary government employees claim regularization after their fixed-term appointments expire? The Supreme Court of India addressed this critical question in a case

Supreme Court Upholds Denial of Regularization for Temporary Employees: Raj Balam Prasad vs. State of Bihar (27 November 2017) Read Post »

Supreme Court Upholds Pay Parity for Andaman & Nicobar Police Constables: Union of India vs. A. Rayer (2017)

/ Amitava Roy, Anomaly Committee, Constitutional Law, Constitutional Law with Article 136, Judges, Kurian Joseph, Pay Parity, Service Law

LEGAL ISSUE: Whether Police Constables in Andaman & Nicobar Islands should receive the same pay scale as Delhi Police Constables, based on the recommendations of the Anomaly Committee. CASE TYPE: Service Law Case Name: Union of India & Ors. vs. A. Rayer & Ors. [Judgment Date]: November 24, 2017 Date of the Judgment: November 24,

Supreme Court Upholds Pay Parity for Andaman & Nicobar Police Constables: Union of India vs. A. Rayer (2017) Read Post »

Supreme Court Modifies Order on State Bar Council Elections: Advocates with Pending Degree Verification Allowed to Vote (24 November 2017)

/ Abhay Manohar Sapre, Bar Council Elections, Electoral Rolls, Judges, Modification of Orders, Provisional Participation, R.K. Agrawal, Supreme Court Orders, Verification of Law Degrees

Date of the Judgment: 24 November 2017 Citation: Not Available Judges: R.K. Agrawal, J. and Abhay Manohar Sapre, J. Can the election process of State Bar Councils be inclusive when there are delays in the verification of law degrees? The Supreme Court of India addressed this issue by modifying its previous order to allow advocates

Supreme Court Modifies Order on State Bar Council Elections: Advocates with Pending Degree Verification Allowed to Vote (24 November 2017) Read Post »

Supreme Court Clarifies No-Fault Liability Under Section 163A of Motor Vehicles Act: United India Insurance Co. Ltd. vs. Sunil Kumar & Anr. (24 November 2017)

/ Adarsh Kumar Goel, Insurance Law, Judges, Motor Accident Claims, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 140, Navin Sinha, No-Fault Liability, Ranjan Gogoi, Section 163A

LEGAL ISSUE: Whether an insurer can raise a defense of negligence in a claim under Section 163A of the Motor Vehicles Act, 1988. CASE TYPE: Motor Accident Claims Case Name: United India Insurance Co. Ltd. vs. Sunil Kumar & Anr. Judgment Date: 24 November 2017 Introduction Date of the Judgment: 24 November 2017 Citation: (2017)

Supreme Court Clarifies No-Fault Liability Under Section 163A of Motor Vehicles Act: United India Insurance Co. Ltd. vs. Sunil Kumar & Anr. (24 November 2017) Read Post »

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