Author name: G.R. Hari

Supreme Court Clarifies Forfeiture of Earnest Money in SARFAESI Auctions: Central Bank of India vs. Shanmugavelu (2024) INSC 80 (2 February 2024)

/ Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 73, Indian Contract Act, 1872 with Section 74, SARFAESI Act, 2002, SARFAESI Act, 2002 with Section 13(4), SARFAESI Act, 2002 with Section 35, SARFAESI Act, 2002 with Section 37

Supreme Court Clarifies Forfeiture of Earnest Money in SARFAESI Auctions LEGAL ISSUE: Applicability of contract law principles to forfeiture of earnest money deposit under SARFAESI Act. CASE TYPE: Securitization and Asset Recovery Case Name: Central Bank of India vs. Shanmugavelu Judgment Date: 2 February 2024 Date of the Judgment: 2 February 2024 Citation: (2024) INSC […]

Supreme Court Clarifies Forfeiture of Earnest Money in SARFAESI Auctions: Central Bank of India vs. Shanmugavelu (2024) INSC 80 (2 February 2024) Read Post »

Supreme Court reduces murder conviction to culpable homicide in domestic violence case: Dattatraya vs. State of Maharashtra (2024) INSC 167 (01 February 2024)

/ Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 304, Offences Against Human Body

Supreme Court reduces murder conviction to culpable homicide in domestic violence case: Dattatraya vs. State of Maharashtra (2024) INSC 167 (01 February 2024) LEGAL ISSUE: Whether the act of pouring kerosene on a spouse during a quarrel, leading to death, constitutes murder or culpable homicide not amounting to murder. CASE TYPE: Criminal Law Case Name:

Supreme Court reduces murder conviction to culpable homicide in domestic violence case: Dattatraya vs. State of Maharashtra (2024) INSC 167 (01 February 2024) Read Post »

Supreme Court Upholds Appointment of Candidate Due to State’s Error in Haryana Staff Selection Commission vs. Subhash Chand (2024)

/ Constitutional Law, Constitutional Law with Article 226, Fundamental Rights, High Court Orders, High Court Orders with Implementation, Judicial Review, Public Employment, Reservation Policy, Service Law

Supreme Court Upholds Appointment of Candidate Due to State’s Error in Haryana Staff Selection Commission vs. Subhash Chand (2024) LEGAL ISSUE: Whether a candidate should be penalized for the State’s failure to properly implement reservation policies. CASE TYPE: Service Law Case Name: Haryana Staff Selection Commission vs. Subhash Chand & Ors. [Judgment Date]: 31 January

Supreme Court Upholds Appointment of Candidate Due to State’s Error in Haryana Staff Selection Commission vs. Subhash Chand (2024) Read Post »

Supreme Court Upholds High Court Decision on Title Declaration: Government of Goa vs. Maria Julieta D’Souza (2024)

/ Civil Law, Declaration of Title, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 3

Supreme Court Upholds High Court Decision on Title Declaration: Government of Goa vs. Maria Julieta D’Souza (2024) LEGAL ISSUE: Burden and standard of proof in a suit for declaration of title. CASE TYPE: Civil Law. Case Name: Government of Goa vs. Maria Julieta D’Souza (D) & Ors. [Judgment Date]: January 31, 2024 Introduction Date of

Supreme Court Upholds High Court Decision on Title Declaration: Government of Goa vs. Maria Julieta D’Souza (2024) Read Post »

Supreme Court quashes criminal case against land buyer in Power of Attorney dispute: Bharat Sher Singh Kalsia vs. State of Bihar (2024) INSC 77 (31 January 2024)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 319, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Sections 40-43, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 467, Indian Penal Code, 1860 with Section 468, Indian Penal Code, 1860 with Section 471, Quashing of FIR, Relevance of Judgments

Supreme Court Quashes FIR Against Land Buyer in Power of Attorney Dispute Date of the Judgment: 31 January 2024 Citation: (2024) INSC 77 Judges: Vikram Nath, J., Ahsanuddin Amanullah, J. Can a person who buys land from a Power of Attorney (PoA) holder be held criminally liable if there is a dispute between the original

Supreme Court quashes criminal case against land buyer in Power of Attorney dispute: Bharat Sher Singh Kalsia vs. State of Bihar (2024) INSC 77 (31 January 2024) Read Post »

Supreme Court Institutionalizes Central Empowered Committee for Environmental Protection: T.N. Godavarman Thirumulpad vs. Union of India (2024) INSC 78 (31 January 2024)

/ Constitutional Law, Environment (Protection) Act, 1986, Environment (Protection) Act, 1986 with Section 3(3), Environmental Governance, Rule of Law

Supreme Court Institutionalizes Central Empowered Committee for Environmental Protection Date of the Judgment: 31 January 2024 Citation: 2024 INSC 78 Judges: B.R. Gavai, Pamidighantam Sri Narasimha, and Prashant Kumar Mishra, JJ. How can environmental governance be made more effective and accountable? The Supreme Court of India, in a significant step, has addressed the long-standing issue

Supreme Court Institutionalizes Central Empowered Committee for Environmental Protection: T.N. Godavarman Thirumulpad vs. Union of India (2024) INSC 78 (31 January 2024) Read Post »

Supreme Court to Examine Disparity in Convictions under Section 34 IPC in Murder Case

/ Criminal Intimidation, Criminal Law, Culpable Homicide, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Joint Criminal Liability, Offences Against Human Body

Supreme Court to Examine Disparity in Convictions under Section 34 IPC in Murder Case LEGAL ISSUE: Whether all accused persons should receive the same conviction and sentence when Section 34 of the Indian Penal Code, 1860 is applied. CASE TYPE: Criminal Law. Case Name: Vithal vs. The State of Karnataka. Judgment Date: 30 January 2024

Supreme Court to Examine Disparity in Convictions under Section 34 IPC in Murder Case Read Post »

Supreme Court Quashes FIR Against Husband’s Relatives in Dowry Harassment Case: Safiya Bano vs. State of U.P. (2024) INSC 166 (30 January 2024)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 498A, Inherent Powers of High Court, Offences Against Marriage

Supreme Court Quashes FIR Against Husband’s Relatives in Dowry Harassment Case LEGAL ISSUE: Whether a First Information Report (FIR) filed against the husband’s relatives for dowry harassment under Section 498A of the Indian Penal Code, 1860 can be quashed when the allegations are general and lack specific details. CASE TYPE: Criminal Law. Case Name: Safiya

Supreme Court Quashes FIR Against Husband’s Relatives in Dowry Harassment Case: Safiya Bano vs. State of U.P. (2024) INSC 166 (30 January 2024) Read Post »

Supreme Court Sets Aside NGT Order for Lack of Due Process in Environmental Case

/ Due Process, Environmental Law, National Green Tribunal, Natural Justice, Principles of Natural Justice, Right to be Heard

Supreme Court Sets Aside NGT Order for Lack of Due Process in Environmental Case LEGAL ISSUE: Whether the National Green Tribunal (NGT) can pass an order without issuing notice to the affected parties. CASE TYPE: Environmental Law. Case Name: Veena Gupta & Anr. vs. Central Pollution Control Board & Ors. Judgment Date: January 30, 2024

Supreme Court Sets Aside NGT Order for Lack of Due Process in Environmental Case Read Post »

Supreme Court Orders Regularization of Long-Serving Temporary Employees: Vinod Kumar vs. Union of India (2024)

/ Contractual Employees, Employee Rights, Labour Law, Labour Law with Departmental Promotional Committee, Regularization of Employees, Service Law, Service Law with Secretary, State of Karnataka vs. Umadevi [2006 (4) SCC 1], Temporary Employees

Supreme Court Orders Regularization of Long-Serving Temporary Employees: Vinod Kumar vs. Union of India (2024) LEGAL ISSUE: Whether long-serving temporary employees are entitled to regularization. CASE TYPE: Service Law. Case Name: Vinod Kumar & Ors. vs. Union of India & Ors. Judgment Date: January 30, 2024 Introduction Date of the Judgment: January 30, 2024 Citation:

Supreme Court Orders Regularization of Long-Serving Temporary Employees: Vinod Kumar vs. Union of India (2024) Read Post »

Supreme Court quashes criminal proceedings in commercial dispute: Sachin Garg vs. State of U.P. (2024) INSC 72 (30 January 2024)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 406, Indian Penal Code, 1860 with Section 506, Offences Relating to Property

Supreme Court quashes criminal proceedings in commercial dispute: Sachin Garg vs. State of U.P. (2024) INSC 72 (30 January 2024) Date of the Judgment: 30 January 2024 Citation: 2024 INSC 72 Judges: Aniruddha Bose, J., Sanjay Kumar, J. Can a commercial dispute be escalated into a criminal case? The Supreme Court of India recently addressed

Supreme Court quashes criminal proceedings in commercial dispute: Sachin Garg vs. State of U.P. (2024) INSC 72 (30 January 2024) Read Post »

Supreme Court Upholds Contempt Conviction of Advocate for Misconduct: Gulshan Bajwa vs. Registrar, High Court of Delhi (2024)

/ Contempt of Courts Act, 1971, Contempt of Courts Act, 1971 with Section 2, Criminal Contempt, Suo Motu Contempt

Supreme Court Upholds Contempt Conviction of Advocate for Misconduct: Gulshan Bajwa vs. Registrar, High Court of Delhi (2024) LEGAL ISSUE: Whether the High Court was correct in convicting an advocate for contempt of court based on his conduct and statements made in court and in various applications. CASE TYPE: Criminal Contempt Case Name: Gulshan Bajwa

Supreme Court Upholds Contempt Conviction of Advocate for Misconduct: Gulshan Bajwa vs. Registrar, High Court of Delhi (2024) Read Post »

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