Author name: G.R. Hari

Supreme Court Holds Industrialist in Contempt for Violating Closure Orders: Jaghbir Singh & Ors. vs. P.K. Tripathi & Ors. (2017) INSC 635 (10 July 2017)

/ Contempt of Court, D.Y. Chandrachud, Delhi Municipal Corporation Act, 1957, Delhi Municipal Corporation Act, 1957 with Section 345-A, Jagdish Singh Khehar, Judges, Undertaking to the Court, Violation of Court Orders

Can an individual repeatedly violate court orders and undertakings without facing consequences? The Supreme Court of India recently addressed this question in a contempt case involving an industrialist who repeatedly defied orders to close down his factory in a residential area. This case highlights the importance of respecting judicial pronouncements and the consequences of failing […]

Supreme Court Holds Industrialist in Contempt for Violating Closure Orders: Jaghbir Singh & Ors. vs. P.K. Tripathi & Ors. (2017) INSC 635 (10 July 2017) Read Post »

Technical Know-How Fees: Supreme Court Classifies as Capital Expenditure in Honda Siel Cars Case (2017)

/ A.K. Sikri, Ashok Bhushan, Capital Expenditure, Income Tax Act, 1961, Income Tax Act, 1961 with Section 148, Judges, Revenue Expenditure

LEGAL ISSUE: Whether technical know-how fees paid for setting up a new manufacturing plant should be treated as revenue or capital expenditure. CASE TYPE: Income Tax Law Case Name: Honda Siel Cars India Ltd. vs. Commissioner of Income Tax, Ghaziabad Judgment Date: 9th June 2017 Introduction Can payments made for technical know-how be considered a

Technical Know-How Fees: Supreme Court Classifies as Capital Expenditure in Honda Siel Cars Case (2017) Read Post »

Supreme Court enhances land compensation based on average sale value: Vithal Rao vs. Special Land Acquisition Officer (2017)

/ Abhay Manohar Sapre, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 18, Land Acquisition Act, 1894 with Section 4, Land Acquisition Act, 1894 with Section 6, Sanjay Kishan Kaul

LEGAL ISSUE: Determination of fair market value for acquired land using comparable sales data, specifically when dealing with large land parcels and small plot sales. CASE TYPE: Land Acquisition Case Name: Vithal Rao & Anr. Etc. vs. The Special Land Acquisition Officer Judgment Date: July 7, 2017 Date of the Judgment: July 7, 2017 Citation:

Supreme Court enhances land compensation based on average sale value: Vithal Rao vs. Special Land Acquisition Officer (2017) Read Post »

Supreme Court Upholds Death Penalty in Kidnapping and Murder Case: Vikram Singh vs. State of Punjab (2017)

/ Ashok Bhushan, Constitutional Law, Constitutional Law with Article 137, Dipak Misra, Evidence Act, 1872, Evidence Act, 1872 with Section 65B, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 304A, Judges, Offences Against Human Body, R. Banumathi

LEGAL ISSUE: Review of a death penalty in a criminal case. CASE TYPE: Criminal Law Case Name: Vikram Singh @ Vicky Walia and Anr. vs. State of Punjab and Anr. Judgment Date: July 7, 2017 Date of the Judgment: July 7, 2017 Citation: (2017) INSC 635 Judges: Dipak Misra, J., R. Banumathi, J., Ashok Bhushan,

Supreme Court Upholds Death Penalty in Kidnapping and Murder Case: Vikram Singh vs. State of Punjab (2017) Read Post »

Supreme Court Clarifies Rules on False Caste Certificates in Public Employment: FCI vs. Jagdish Balaram Bahira (2017)

/ Appointments, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 142, D.Y. Chandrachud, Fundamental Rights, Jagdish Singh Khehar, Judges, Maharashtra Act XXIII of 2001, Maharashtra Act XXIII of 2001 with Section 10, Maharashtra Act XXIII of 2001 with Section 11, Maharashtra Act XXIII of 2001 with Section 7, N.V. Ramana, Public Employment, Reservations, Service Law

LEGAL ISSUE: Consequences of securing public employment with a false caste certificate. CASE TYPE: Service Law Case Name: Chairman and Managing Director, FCI & Ors. vs. Jagdish Balaram Bahira & Ors. Judgment Date: 6 July 2017 Date of the Judgment: 6 July 2017 Citation: (2017) INSC 628 Judges: Jagdish Singh Khehar, CJI, N.V. Ramana, J,

Supreme Court Clarifies Rules on False Caste Certificates in Public Employment: FCI vs. Jagdish Balaram Bahira (2017) Read Post »

Supreme Court clarifies powers of Arbitral Tribunal to enforce interim orders: Alka Chandewar vs Shamshul Ishrar Khan (2017)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 17, Arbitration and Conciliation Act, 1996 with Section 27, Interim Measures, Judges, R.F. Nariman, Sanjay Kishan Kaul

LEGAL ISSUE: Whether an Arbitral Tribunal’s interim orders are enforceable and whether contempt of such orders falls under the ambit of Section 27(5) of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law. Case Name: Alka Chandewar vs. Shamshul Ishrar Khan. Judgment Date: July 6, 2017 Introduction Date of the Judgment: July 6, 2017

Supreme Court clarifies powers of Arbitral Tribunal to enforce interim orders: Alka Chandewar vs Shamshul Ishrar Khan (2017) Read Post »

Supreme Court Remands Arbitration Appeal for Fresh Hearing: Navnirman Development Consultants vs. Divisional Commissioner (2017)

/ Abhay Manohar Sapre, Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 11(6), Arbitration Law with Section 37, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order 41 Rule 17, Civil Procedure Code, 1908 with Order 41 Rule 19, Judges, R. Banumathi

LEGAL ISSUE: Whether the High Court erred in dismissing an arbitration appeal without proper consideration of facts and legal grounds. CASE TYPE: Arbitration Law Case Name: The Navnirman Development Consultants (I) Pvt. Ltd. vs. The Divisional Commissioner & President District Sports Complex Executive Committee [Judgment Date]: July 05, 2017 Date of the Judgment: July 05,

Supreme Court Remands Arbitration Appeal for Fresh Hearing: Navnirman Development Consultants vs. Divisional Commissioner (2017) Read Post »

Supreme Court Upholds Arbitrator’s Award on Price Escalation and Interest: Assam State Electricity Board vs. Buildworth Pvt. Ltd. (2017)

/ Arbitration Act, 1940, Arbitration Law, D.Y. Chandrachud, Interest Act, 1978, Interest Act, 1978 with Section 3(1)(b), Jagdish Singh Khehar, Judges, Pre-reference Interest, Price Escalation, Sanjay Kishan Kaul

LEGAL ISSUE: Whether an arbitrator can award price escalation beyond the original contract period and grant interest for the pre-reference period under the Arbitration Act, 1940. CASE TYPE: Arbitration Case Name: Assam State Electricity Board and Ors. vs. Buildworth Pvt. Ltd. [Judgment Date]: July 4, 2017 Introduction Date of the Judgment: July 4, 2017 Citation:

Supreme Court Upholds Arbitrator’s Award on Price Escalation and Interest: Assam State Electricity Board vs. Buildworth Pvt. Ltd. (2017) Read Post »

Supreme Court clarifies Service Tax on Chit Funds: Union of India vs. Margadarshi Chit Funds (2017)

/ A.K. Sikri, Banking and Other Financial Services, Chit, Chit Funds Act, 1982, Chit Funds Act, 1982 with Section 2(b), Finance Act, 1994, Finance Act, 1994 with Section 65(12), Judges, R.K. Agrawal

LEGAL ISSUE: Whether chit fund activities are subject to service tax under the category of ‘banking and other financial services’. CASE TYPE: Service Tax Law Case Name: Union of India & Ors. vs. M/s. Margadarshi Chit Funds (P) Ltd. ETC. [Judgment Date]: July 4, 2017 Introduction Date of the Judgment: July 4, 2017 Citation: [Not

Supreme Court clarifies Service Tax on Chit Funds: Union of India vs. Margadarshi Chit Funds (2017) Read Post »

Pharmacy Registration: Supreme Court settles the applicability of First Register after State Reorganization (2017) INSC 607 (3 July 2017)

/ Bihar Reorganization Act, 2000, Bihar Reorganization Act, 2000 with Section 84, Bihar Reorganization Act, 2000 with Section 85, D. Y. Chandrachud, Education Regulations, Jagdish Singh Khehar, Judges, N. V. Ramana, Pharmacy Act, 1948, Pharmacy Act, 1948 with Section 30, Pharmacy Act, 1948 with Section 32

Can a newly formed state create a fresh register of pharmacists, or does the existing register of the parent state apply? The Supreme Court of India addressed this important question in a case concerning the reorganization of states and the registration of pharmacists. This judgment clarifies the legal position of pharmacist registrations after state divisions.

Pharmacy Registration: Supreme Court settles the applicability of First Register after State Reorganization (2017) INSC 607 (3 July 2017) Read Post »

Supreme Court Upholds 1934 Constitution in Malankara Church Disputes: K.S. Varghese & Ors. vs. St. Peter’s & Paul’s Syrian Orth. & Ors. (2017)

/ Amitava Roy, Arun Mishra, Constitutional Law, Constitutional Law with Article 25, Constitutional Law with Article 26, Fundamental Rights, Judges

LEGAL ISSUE: Applicability of the 1934 Constitution to Parish Churches within the Malankara Church and the powers of the Patriarch versus the Catholicos. CASE TYPE: Civil Case Name: K.S. Varghese & Ors. vs. St. Peter’s & Paul’s Syrian Orth. & Ors. Judgment Date: 3 July 2017 Date of the Judgment: 3 July 2017 Citation: (2017)

Supreme Court Upholds 1934 Constitution in Malankara Church Disputes: K.S. Varghese & Ors. vs. St. Peter’s & Paul’s Syrian Orth. & Ors. (2017) Read Post »

Supreme Court Clarifies Driving License Requirements for Tractor-Trolleys in Accident Cases: Sant Lal vs. Rajesh & Ors. (2017) INSC 594 (3 July 2017)

/ Amitava Roy, Arun Mishra, Driving License, Insurance Law, Judges, Liability, Light Motor Vehicle, Motor Insurance, Motor Vehicles Act, 1988, Transport Vehicle

Date of the Judgment: 3 July 2017 Citation: (2017) INSC 594 Judges: Arun Mishra, J., Amitava Roy, J. Can a driver with a light motor vehicle (LMV) license legally operate a tractor attached to a goods-carrying trolley? The Supreme Court of India addressed this crucial question in a motor accident claim case, clarifying the scope

Supreme Court Clarifies Driving License Requirements for Tractor-Trolleys in Accident Cases: Sant Lal vs. Rajesh & Ors. (2017) INSC 594 (3 July 2017) Read Post »

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