Supreme Court Upholds Will, Rejects Suspicious Circumstances: Derek A C Lobo vs. Ulric M A Lobo (2023) INSC 1093 (07 December 2023) Date of the Judgment: 07 December 2023 Citation: (2023) INSC 1093 Judges: C.T. Ravikumar, J., and Sanjay Kumar, J. Can a will be invalidated based on perceived “suspicious circumstances,” even when the testator’s […]
Supreme Court Modifies Child Custody Order Based on Child’s Preference: Selvaraj vs. Revathi (2023) LEGAL ISSUE: Child Custody and Welfare CASE TYPE: Family Law Case Name: Selvaraj vs. Revathi Judgment Date: 6 December 2023 Introduction Date of the Judgment: 6 December 2023 Citation: 2023 INSC 1054 Judges: Vikram Nath, J., Rajesh Bindal, J. Can a
Supreme Court awards compensation in lieu of specific performance after 60 years: Greater Ashoka vs. Kanti Prasad (2023) LEGAL ISSUE: Whether specific performance can be granted after a delay of 60 years in a land allotment case, or if compensation is a more appropriate remedy. CASE TYPE: Civil, Contract Law, Specific Performance Case Name: M/s
Supreme Court Clarifies Group of Companies Doctrine in Arbitration Law Date of the Judgment: December 06, 2023 The Supreme Court of India, in a landmark judgment, has clarified the applicability of the “Group of Companies” doctrine in arbitration law. This ruling addresses a critical question: Can a company that hasn’t signed an arbitration agreement be
Group of Companies Doctrine: Supreme Court Defines Scope in Arbitration Cases (2023) Read Post »
Supreme Court on Section 80IA of Income Tax Act: Recomputation of Deduction (2023) LEGAL ISSUE: Recomputation of deduction under Section 80IA of the Income Tax Act, 1961, specifically regarding the determination of market value for electricity generated by captive power plants. CASE TYPE: Income Tax Case Name: Commissioner of Income Tax vs. M/s Jindal Steel
Supreme Court Remands Land Sale Dispute for Fresh Hearing: Kanaiyalal Mafatlal Patel vs. State of Gujarat (2023) LEGAL ISSUE: Whether a land sale was in violation of the Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947 due to alleged sub-division without permission and whether the appellant was given adequate opportunity to be heard.
Supreme Court on Conditional Voluntary Retirement and Compassionate Appointment: Ashok Kumar Mewari vs. Union of India (2023) LEGAL ISSUE: Whether a conditional voluntary retirement application can be partially accepted by the employer. CASE TYPE: Service Law Case Name: Ashok Kumar Mewari vs. Union of India & Others [Judgment Date]: December 5, 2023 Date of the
Supreme Court Reinstates Constable After Flawed Departmental Inquiry: Ram Lal vs. State of Rajasthan (2023) LEGAL ISSUE: Whether a departmental inquiry resulting in dismissal can be upheld when the charges are identical to those in a criminal case where the accused was acquitted, and whether the departmental inquiry ignored material evidence. CASE TYPE: Service Law;
Supreme Court Clarifies Limitation for NCLT Appeals: Sanjay Pandurang Kalate vs. Vistra ITCL (India) Limited (2023) INSC 1063 (4 December 2023) LEGAL ISSUE: Determining the commencement date for the limitation period for filing appeals against orders of the National Company Law Tribunal (NCLT) before the National Company Law Appellate Tribunal (NCLAT). CASE TYPE: Insolvency Law
Supreme Court Revisits Airport Tariff Calculation: Delhi International Airport Ltd. vs. Airports Economic Regulatory Authority (2023) LEGAL ISSUE: Calculation of Hypothetical Regulatory Asset Base (HRAB) for airport tariffs. CASE TYPE: Airport Tariff Regulation/Economic Regulation Case Name: Delhi International Airport Ltd. vs. Airports Economic Regulatory Authority & Ors. Judgment Date: 04 December 2023 Date of the
Supreme Court Upholds Conviction Under Section 302 Read with Section 34 IPC: Ram Naresh vs. State of U.P. (2023) LEGAL ISSUE: Whether the appellant shared a common intention with other co-accused to commit murder under Section 34 of the Indian Penal Code. CASE TYPE: Criminal Law Case Name: Ram Naresh vs. State of U.P. Judgment
Supreme Court Quashes SC/ST Act Charges in Political Rivalry Case Date of the Judgment: 01 December 2023 Citation: (2023) INSC 1036 Judges: Pamidighantam Sri Narasimha, J., Sandeep Mehta, J. Can charges under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) be sustained if the alleged offense lacks a direct connection
