Author name: G.R. Hari

Insurer’s Liability Clarified: Supreme Court on Invalid Driving Licenses in Motor Vehicle Accident Claims (2008)

Introduction Date of the Judgment: September 17, 2008 Judges: Dr. Arijit Pasayat, J., Harjit Singh Bedi, J. When an accident occurs involving a vehicle, and the driver’s license has expired, who is responsible for paying the compensation? The Supreme Court of India addressed this critical question in the case of National Insurance Co. Ltd. vs. […]

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Appointment of Principal in Aided Schools: Supreme Court clarifies the role of seniority and recognition in Gwalior Mahila Mandal vs. State of Madhya Pradesh (2008)

Date of the Judgment: September 16, 2008 The Supreme Court of India addressed the issue of appointing a principal in an aided school, specifically focusing on the roles of seniority and recognition of teachers. The case arose from a dispute over the appointment of a principal at Mahila Mandal Higher Secondary School in Danaoli. The

Appointment of Principal in Aided Schools: Supreme Court clarifies the role of seniority and recognition in Gwalior Mahila Mandal vs. State of Madhya Pradesh (2008) Read Post »

Supreme Court clarifies the applicability of Section 5(2) of the Central Sales Tax Act in import-related sales: Commissioner of Sales Tax vs. M/s. Tata Iron & Steel Co. Ltd. (2008)

Date of the Judgment: September 16, 2008 Judges: S.H. Kapadia, J. and B. Sudershan Reddy, J. When does a sale occasion the import of goods, thus falling under the purview of Section 5(2) of the Central Sales Tax Act, 1956? This question was at the heart of a dispute between the Commissioner of Sales Tax

Supreme Court clarifies the applicability of Section 5(2) of the Central Sales Tax Act in import-related sales: Commissioner of Sales Tax vs. M/s. Tata Iron & Steel Co. Ltd. (2008) Read Post »

Supreme Court clarifies Capital Receipt vs. Revenue Receipt for Incentive Subsidy under Income Tax Act: Commissioner of Income Tax vs. Ponni Sugars & Chemicals Ltd. (2008)

Date of the Judgment: September 16, 2008 Citation: Commissioner of Income Tax, Madras v. Ponni Sugars & Chemicals Ltd., Civil Appeal No. 5694 of 2008 (arising out of S.L.P. (C) No. 7926/04) Judges: S.H. Kapadia, J., B. Sudershan Reddy, J. Are incentive subsidies received by businesses capital receipts or revenue receipts for income tax purposes?

Supreme Court clarifies Capital Receipt vs. Revenue Receipt for Incentive Subsidy under Income Tax Act: Commissioner of Income Tax vs. Ponni Sugars & Chemicals Ltd. (2008) Read Post »

Supreme Court clarifies the scope of inherent powers of High Court under Section 482 Cr.P.C. in quashing FIR: Lakhwant Singh vs. Jasbir Singh (2008)

Introduction Date of the Judgment: September 16, 2008 Citation: Criminal Appeal No. 281 of 2003 Judges: Dr. Arijit Pasayat, J., G.S. Singhvi, J. Can a High Court quash a First Information Report (FIR) based on its inherent powers? The Supreme Court addressed this question in the case of Lakhwant Singh v. Jasbir Singh, focusing on

Supreme Court clarifies the scope of inherent powers of High Court under Section 482 Cr.P.C. in quashing FIR: Lakhwant Singh vs. Jasbir Singh (2008) Read Post »

Supreme Court Upholds Promotion Based on Merit-Cum-Seniority: K.M. Mishra vs. Central Bank of India (2008)

Introduction Date of the Judgment: September 16, 2008 Judges: Tarun Chatterjee, J., Aftab Alam, J. In cases of promotions, can an employee be denied promotion based on performance appraisals? The Supreme Court of India addressed a dispute over promotion to the post of Chief Manager, Rajbhasha in Senior Manager Grade, Scale IV in the Central

Supreme Court Upholds Promotion Based on Merit-Cum-Seniority: K.M. Mishra vs. Central Bank of India (2008) Read Post »

Supreme Court Limits Insurer’s Liability in Accident Claims: United India Insurance vs. Subbulakshmi (2008)

Introduction Date of the Judgment: September 16, 2008 The Supreme Court of India addressed the extent of an insurance company’s liability in motor accident claims under the Motor Vehicles Act, 1939. This case, United India Insurance Company Ltd. vs. A. N. Subbulakshmi & Ors., arose from a 1981 accident involving a car and a lorry.

Supreme Court Limits Insurer’s Liability in Accident Claims: United India Insurance vs. Subbulakshmi (2008) Read Post »

Supreme Court settles the bonafide requirement of landlord in eviction petition: Ajit Singh vs. Jit Ram (2008)

Introduction Date of the Judgment: September 16, 2008 Citation: [2008] INSC 1471 Judges: Tarun Chatterjee, J., Aftab Alam, J. Can a landlord evict a tenant if the property is required for the use of the landlord’s son? The Supreme Court of India addressed this question in a case concerning the interpretation of the East Punjab

Supreme Court settles the bonafide requirement of landlord in eviction petition: Ajit Singh vs. Jit Ram (2008) Read Post »

Supreme Court Restores Writ Appeal After Condoning Delay: State of Kerala vs. Wilson K.C. (2008)

Date of the Judgment: September 16, 2008 Citation: [Not Available in Source] Judges: Tarun Chatterjee, J., Aftab Alam, J. In a case concerning procedural delays, the Supreme Court of India addressed the question of whether sufficient cause existed to condone a delay of 116 days in filing a writ appeal. The case, State of Kerala

Supreme Court Restores Writ Appeal After Condoning Delay: State of Kerala vs. Wilson K.C. (2008) Read Post »

Supreme Court Sets Aside High Court Order Due to Violation of Natural Justice: Mariamma Roy vs. Indian Bank (2008)

Introduction Date of the Judgment: September 16, 2008 Judges: Justice Tarun Chatterjee, Justice Aftab Alam When is it acceptable for a higher court to intervene, even when other legal avenues are available? The Supreme Court of India addressed this critical question in Mariamma Roy vs. Indian Bank, focusing on the principles of natural justice. The

Supreme Court Sets Aside High Court Order Due to Violation of Natural Justice: Mariamma Roy vs. Indian Bank (2008) Read Post »

Supreme Court Dismisses Writ Petition Due to Lack of Territorial Jurisdiction: State of Punjab & Ors. vs. Santosh Kumar (2008)

Date of the Judgment: September 15, 2008 Judges: Justice B.N. Agrawal, Justice G.S. Singhvi Introduction When can a High Court refuse to hear a case? The Supreme Court of India addressed this question in a case where the High Court of Punjab and Haryana made observations on a case it should not have heard in

Supreme Court Dismisses Writ Petition Due to Lack of Territorial Jurisdiction: State of Punjab & Ors. vs. Santosh Kumar (2008) Read Post »

Supreme Court settles the requirement of notice under Section 32F of the Bombay Tenancy and Agricultural Lands Act, 1948 in land purchase cases: Tukaram Maruti Chavan vs. Maruti Narayan Chavan (2008) INSC 1486 (15 September 2008)

Introduction Date of the Judgment: 15 September 2008 Citation: (2008) INSC 1486 Judges: Tarun Chatterjee, J., Aftab Alam, J. Does a tenant automatically gain ownership of land if the landlord is a widow? The Supreme Court of India addressed this critical question in Tukaram Maruti Chavan vs. Maruti Narayan Chavan, focusing on the mandatory nature

Supreme Court settles the requirement of notice under Section 32F of the Bombay Tenancy and Agricultural Lands Act, 1948 in land purchase cases: Tukaram Maruti Chavan vs. Maruti Narayan Chavan (2008) INSC 1486 (15 September 2008) Read Post »

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