Author name: G.R. Hari

Supreme Court Upholds Permanent Status for Tamil Nadu Medical Corporation Employees: Tamil Nadu Medical Services Corporation Limited vs. Tamil Nadu Medical Services Corporation Employees Welfare Union & Anr. (2024) INSC 446 (17 May 2024)

/ Industrial Dispute, Industrial Law, Permanent Status, Regularization of Employees, Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981, Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 with Section 2(3), Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 with Section 3, Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 with Section 7, Tamil Nadu Shops and Establishments Act, 1947, Tamil Nadu Shops and Establishments Act, 1947 with Section 2(3), Tamil Nadu Shops and Establishments Act, 1947 with Section 2(6)

Supreme Court Upholds Permanent Status for Tamil Nadu Medical Corporation Employees Date of the Judgment: 17 May 2024 Citation: 2024 INSC 446 Judges: Sanjay Karol, J. and Prasanna Bhalachandra Varale, J. Can a government corporation deny permanent status to employees who have worked for an extended period? The Supreme Court of India recently addressed this […]

Supreme Court Upholds Permanent Status for Tamil Nadu Medical Corporation Employees: Tamil Nadu Medical Services Corporation Limited vs. Tamil Nadu Medical Services Corporation Employees Welfare Union & Anr. (2024) INSC 446 (17 May 2024) Read Post »

Supreme Court allows Stamp Duty Refund despite Technicalities: Bano Saiyed Parwaz vs. Chief Controlling Revenue Authority (2024)

/ Civil Law, Conveyance Deed, Fraud, Maharashtra Stamp Act, 1958, Maharashtra Stamp Act, 1958 with Section 47, Maharashtra Stamp Act, 1958 with Section 48, Stamp Duty

Supreme Court Allows Stamp Duty Refund Despite Technicalities: Bano Saiyed Parwaz vs. Chief Controlling Revenue Authority (2024) LEGAL ISSUE: Whether a refund of stamp duty can be denied on technical grounds when a conveyance deed is not executed due to fraud by the vendor. CASE TYPE: Civil Appeal Case Name: Bano Saiyed Parwaz vs. Chief

Supreme Court allows Stamp Duty Refund despite Technicalities: Bano Saiyed Parwaz vs. Chief Controlling Revenue Authority (2024) Read Post »

Fair Trial and Sentencing: Supreme Court Addresses Procedural Lapses in Criminal Cases: Sunita Devi vs. State of Bihar (2024) INSC 448

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 207, Code of Criminal Procedure, 1973 with Section 313, Constitutional Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 376AB, Offences Against Women and Children, Procedure for Trials, Right to Fair Trial

Supreme Court on Fair Trial and Sentencing: Sunita Devi vs. State of Bihar (2024) INSC 448 Date of the Judgment: 17 May 2024 Citation: 2024 INSC 448 Judges: M.M. Sundresh, J., S.V.N. Bhatti, J. Can a trial be considered fair if the accused is not given adequate opportunity to defend themselves? The Supreme Court of

Fair Trial and Sentencing: Supreme Court Addresses Procedural Lapses in Criminal Cases: Sunita Devi vs. State of Bihar (2024) INSC 448 Read Post »

Supreme Court clarifies review jurisdiction in land acquisition cases: Govt. of NCT of Delhi vs. K.L. Rathi Steel S Limited (2024) INSC 454 (17 May 2024)

/ Code of Civil Procedure, Code of Civil Procedure with Order XLVII, Code of Civil Procedure with Section 114, Constitutional Law, Constitutional Law with Article 137, Constitutional Law with Article 142, Land Acquisition Act, 1894, 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)

Supreme Court Clarifies Review Jurisdiction in Land Acquisition Cases Date of the Judgment: 17 May 2024 Citation: 2024 INSC 454 Judges: Hon’ble Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan Can a judgment be reviewed simply because a previous legal precedent it relied on was later overruled? The Supreme Court of India recently addressed this

Supreme Court clarifies review jurisdiction in land acquisition cases: Govt. of NCT of Delhi vs. K.L. Rathi Steel S Limited (2024) INSC 454 (17 May 2024) Read Post »

Supreme Court Denies Renewal of Mining Leases: Odisha Govt. vs. Bharat Process & Mechanical Engineers Ltd (2024)

/ Companies Act, 1956, Companies Act, 1956 with Section 446(2)(d), Companies Act, 1956 with Section 457(1)(b), Companies Act, 1956 with Section 457(2)(5)(2), Company Law, Mines and Minerals (Development and Regulation) Act, 1957, Mines and Minerals (Development and Regulation) Act, 1957 with Section 4A(4), Mining Leases, Winding Up

Supreme Court Denies Renewal of Mining Leases: Odisha Govt. vs. Bharat Process & Mechanical Engineers Ltd (2024) LEGAL ISSUE: Whether mining leases can be renewed for a company undergoing liquidation. CASE TYPE: Company Law, Mining Law Case Name: Chief Secretary, Government of Odisha vs. Bharat Process & Mechanical Engineers Limited (in Liquidation) and Others [Judgment

Supreme Court Denies Renewal of Mining Leases: Odisha Govt. vs. Bharat Process & Mechanical Engineers Ltd (2024) Read Post »

Supreme Court clarifies procedure for criminal conspiracy cases under Ranbir Penal Code: National Investigation Agency vs. Owais Amin & Ors. (2024) INSC 447 (17 May 2024)

/ Code of Criminal Procedure, 1989, Code of Criminal Procedure, 1989 with Section 196, Code of Criminal Procedure, 1989 with Section 196-A, Offences Against the State, Ranbir Penal Code, 1989, Ranbir Penal Code, 1989 with Section 120-B, Ranbir Penal Code, 1989 with Section 121

Supreme Court Clarifies Procedure for Criminal Conspiracy Cases in Jammu & Kashmir Date of the Judgment: 17 May 2024 Citation: (2024) INSC 447 Judges: M. M. Sundresh, J. and S. V. N. Bhatti, J. What happens when a procedural law is repealed and replaced? Does the new law apply to ongoing investigations? The Supreme Court

Supreme Court clarifies procedure for criminal conspiracy cases under Ranbir Penal Code: National Investigation Agency vs. Owais Amin & Ors. (2024) INSC 447 (17 May 2024) Read Post »

Supreme Court Upholds Magistrate’s Order in Caste Atrocity Case: Priti Agarwalla vs. State of GNCT of Delhi (2024)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 156(3), Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 with Section 3(1)(r), Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 with Section 3(1)(s)

Supreme Court Upholds Magistrate’s Order in Caste Atrocity Case: Priti Agarwalla vs. State of GNCT of Delhi (2024) LEGAL ISSUE: Whether the complaint made out a prima facie case of an offence under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. CASE TYPE: Criminal Case Name: Priti Agarwalla and Others vs. The

Supreme Court Upholds Magistrate’s Order in Caste Atrocity Case: Priti Agarwalla vs. State of GNCT of Delhi (2024) Read Post »

Supreme Court Upholds ICAI’s Power to Limit Tax Audits, Grants Relief for Past Violations: Shaji Poulose vs. Institute of Chartered Accountants of India (2024) INSC 451 (17 May 2024)

/ Chartered Accountants Act, 1949, Chartered Accountants Act, 1949 with Sections 15, 22 and 30, Constitutional Law, Constitutional Law with Article 19(1)(g), Constitutional Law with Article 19(6), Fundamental Rights, Income Tax Act, 1961, Income Tax Act, 1961 with Section 44AB, Professional Misconduct, Regulations and Development, Special Audit, Tax Audit

Supreme Court Upholds ICAI’s Power to Limit Tax Audits, Grants Relief for Past Violations Date of the Judgment: 17 May 2024 Citation: (2024) INSC 451 Judges: Justice B.V. Nagarathna and Justice Augustine George Masih. Can a professional body like the Institute of Chartered Accountants of India (ICAI) limit the number of tax audits a chartered

Supreme Court Upholds ICAI’s Power to Limit Tax Audits, Grants Relief for Past Violations: Shaji Poulose vs. Institute of Chartered Accountants of India (2024) INSC 451 (17 May 2024) Read Post »

Supreme Court Clarifies Arrest Procedures in Money Laundering Cases: Tarsem Lal vs. Directorate of Enforcement (2024) INSC 434 (16 May 2024)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 167, Code of Criminal Procedure, 1973 with Section 88, Prevention of Money Laundering Act, 2002, Prevention of Money Laundering Act, 2002 with Section 19, Prevention of Money Laundering Act, 2002 with Section 44

Supreme Court Clarifies Arrest Procedures in Money Laundering Cases LEGAL ISSUE: Whether an accused, not arrested during investigation, can be taken into custody after appearing in court following a summons in a money laundering case. CASE TYPE: Criminal Law, Prevention of Money Laundering Act (PMLA) Case Name: Tarsem Lal vs. Directorate of Enforcement, Jalandhar Zonal

Supreme Court Clarifies Arrest Procedures in Money Laundering Cases: Tarsem Lal vs. Directorate of Enforcement (2024) INSC 434 (16 May 2024) Read Post »

Maintainability of Writ Petitions: Supreme Court Upholds High Court’s Decision After Air India Privatization (2024)

/ Constitutional Law, Constitutional Law with Article 12, Constitutional Law with Article 226, Maintainability of Writ Petitions, Service Law

Supreme Court Upholds High Court’s Decision on Maintainability of Writ Petitions After Privatization of Air India LEGAL ISSUE: Whether a writ petition against a government entity remains maintainable after the entity is privatized. CASE TYPE: Service Law/Constitutional Law Case Name: Mr. R.S. Madireddy & Anr. ETC. Versus Union of India & Ors. ETC. [Judgment Date]:

Maintainability of Writ Petitions: Supreme Court Upholds High Court’s Decision After Air India Privatization (2024) Read Post »

Supreme Court Orders Additional Compensation for Land Acquisition Delay: Subodh Singh vs. Union of India (2024)

/ Compensation for Land Acquisition, Compensation under Indian Railways Act, 1989, Delay in Compensation, Indian Railways Act, 1989, Indian Railways Act, 1989 with Section 20F, Land Acquisition, Land Acquisition Act

Supreme Court Orders Additional Compensation for Land Acquisition Delay: Subodh Singh vs. Union of India (2024) Date of the Judgment: May 16, 2024 Citation: 2024 INSC 458 Judges: Hima Kohli, J. and Ahsanuddin Amanullah, J. Can the government arbitrarily limit compensation for land acquisition delays? The Supreme Court recently addressed this question in a case

Supreme Court Orders Additional Compensation for Land Acquisition Delay: Subodh Singh vs. Union of India (2024) Read Post »

Supreme Court Clarifies Termination of Arbitration Proceedings Under Section 32 of the Arbitration Act: Dani Wooltex Corporation vs. Sheil Properties (2024)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 14, Arbitration and Conciliation Act, 1996 with Section 25, Arbitration and Conciliation Act, 1996 with Section 32

Supreme Court Clarifies Termination of Arbitration Proceedings Under Section 32 of the Arbitration Act: Dani Wooltex Corporation vs. Sheil Properties (2024) LEGAL ISSUE: Whether an arbitral tribunal can terminate proceedings under Section 32(2)(c) of the Arbitration and Conciliation Act, 1996, due to a claimant’s perceived abandonment of their claim. CASE TYPE: Arbitration Law Case Name:

Supreme Court Clarifies Termination of Arbitration Proceedings Under Section 32 of the Arbitration Act: Dani Wooltex Corporation vs. Sheil Properties (2024) Read Post »

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