Author name: G.R. Hari

Supreme Court Clarifies Maintainability of Revision Petition against Order IX Rule 13 CPC: The Koushik Mutually Aided Cooperative Housing Society vs. Ameena Begum (2023) INSC 1065

/ Civil Procedure, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XLIII Rule 1(d), Code of Civil Procedure, 1908 with Section 115

Supreme Court Clarifies Maintainability of Revision Petition against Order IX Rule 13 CPC: The Koushik Mutually Aided Cooperative Housing Society vs. Ameena Begum (2023) INSC 1065 Date of the Judgment: 01 December 2023 Citation: 2023 INSC 1065 Judges: Justice B.V. Nagarathna and Justice Ujjal Bhuyan Can a revision petition be filed before the High Court […]

Supreme Court Clarifies Maintainability of Revision Petition against Order IX Rule 13 CPC: The Koushik Mutually Aided Cooperative Housing Society vs. Ameena Begum (2023) INSC 1065 Read Post »

Supreme Court Quashes Abetment to Suicide Charges: Mohit Singhal vs. State of Uttarakhand (2023)

/ Abetment of Suicide, Abetment to Suicide, Criminal Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 107, Indian Penal Code, 1860 with Section 306, Instigation, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138

Supreme Court Quashes Abetment to Suicide Charges: Mohit Singhal vs. State of Uttarakhand (2023) LEGAL ISSUE: Whether demanding repayment of a loan and using abusive language constitutes abetment to suicide under Section 306 of the Indian Penal Code (IPC). CASE TYPE: Criminal Law. Case Name: Mohit Singhal & Anr. vs. The State of Uttarakhand &

Supreme Court Quashes Abetment to Suicide Charges: Mohit Singhal vs. State of Uttarakhand (2023) Read Post »

Supreme Court Leaves Open Question on Validity of Distance Education Degrees in Promotion Cases: Sebastian Dominic vs. K. Harris (2023)

/ Promotion, Retirement Benefits, Service Law, University Grants Commission, University Grants Commission with UGC Scheme

Supreme Court Leaves Open Question on Validity of Distance Education Degrees in Promotion Cases: Sebastian Dominic vs. K. Harris (2023) LEGAL ISSUE: Whether a degree obtained through distance education can be considered valid for promotion under University Grants Commission schemes. CASE TYPE: Service Law. Case Name: Sebastian Dominic vs. K. Harris & Others. Judgment Date:

Supreme Court Leaves Open Question on Validity of Distance Education Degrees in Promotion Cases: Sebastian Dominic vs. K. Harris (2023) Read Post »

Supreme Court overturns High Court ruling on pay scale parity for Research Assistants: Dr. P.N. Shukla vs. Union of India (30 November 2023)

/ Constitutional Law, Constitutional Law with Article 14, Pay Scale, Right to Equality, Service Law, Service Rules

Supreme Court overturns High Court ruling on pay scale parity for Research Assistants: Dr. P.N. Shukla vs. Union of India (2023) LEGAL ISSUE: Whether employees in the same cadre, governed by the same rules, can be granted different pay scales based on qualifications alone, without considering the nature of their duties. CASE TYPE: Service Law

Supreme Court overturns High Court ruling on pay scale parity for Research Assistants: Dr. P.N. Shukla vs. Union of India (30 November 2023) Read Post »

Supreme Court clarifies Order II Rule 2 CPC in specific performance suit: Eldeco Housing vs. Ashok Vidyarthi (30 November 2023)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order II Rule 2, Code of Civil Procedure, 1908 with Order VII Rule 11

Supreme Court clarifies Order II Rule 2 CPC in specific performance suit: Eldeco Housing vs. Ashok Vidyarthi (2023) LEGAL ISSUE: Whether a suit for specific performance is barred under Order II Rule 2 of the Code of Civil Procedure (CPC) if a prior suit for injunction was filed concerning the same property. CASE TYPE: Civil

Supreme Court clarifies Order II Rule 2 CPC in specific performance suit: Eldeco Housing vs. Ashok Vidyarthi (30 November 2023) Read Post »

Supreme Court Upholds Separate Suit for Damages After Possession Decree: Bharat Petroleum vs. ATM Constructions (2023)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order II Rule 2, Code of Civil Procedure, 1908 with Order II Rule 4, Mesne Profits, Possession of Property, Property Law

Supreme Court Upholds Separate Suit for Damages After Possession Decree: Bharat Petroleum vs. ATM Constructions (2023) LEGAL ISSUE: Whether a separate suit for damages for use and occupation of property is maintainable after a decree for possession has been obtained in an earlier suit. CASE TYPE: Civil Law, Property Law Case Name: M/s Bharat Petroleum

Supreme Court Upholds Separate Suit for Damages After Possession Decree: Bharat Petroleum vs. ATM Constructions (2023) Read Post »

Reappointment of Vice-Chancellor Quashed: Supreme Court Upholds Statutory Procedures in University Appointments

/ Appointment of Vice-Chancellor, Constitutional Law, Judicial Review, Kannur University Act, 1996, Kannur University Act, 1996 with Section 10, Statutory Powers, UGC Regulations, 2018, University Grants Commission Act, 1956, University Grants Commission Act, 1956 with UGC Regulations, Writ of Quo Warranto

Supreme Court Quashes Reappointment of Kannur University Vice-Chancellor Due to Procedural Lapses LEGAL ISSUE: Whether the reappointment of a Vice-Chancellor requires adherence to the same selection procedures as a fresh appointment and whether the age limit applies to reappointments. CASE TYPE: Education Law, Writ of Quo Warranto Case Name: Dr. Premachandran Keezhoth & Anr. vs.

Reappointment of Vice-Chancellor Quashed: Supreme Court Upholds Statutory Procedures in University Appointments Read Post »

Supreme Court upholds acquittal in murder case due to flawed witness examination: Chandrasekhar Patel vs. Suresh & Ors. (2023) INSC 1083

/ Criminal Procedure, Fair Trial, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 109, Indian Penal Code, 1860 with Section 302, Offences Against Human Body, Witness Examination

Supreme Court upholds acquittal in murder case due to flawed witness examination: Chandrasekhar Patel vs. Suresh & Ors. (2023) INSC 1083 LEGAL ISSUE: Whether the High Court was correct in acquitting the accused in a murder case. CASE TYPE: Criminal Appeal Case Name: Chandrasekhar Patel vs. Suresh & Ors. Judgment Date: 30 November 2023 Date

Supreme Court upholds acquittal in murder case due to flawed witness examination: Chandrasekhar Patel vs. Suresh & Ors. (2023) INSC 1083 Read Post »

Supreme Court clarifies the jurisdiction of Lokayukta in matters of revenue record correction: Additional Tahsildar vs. Urmila G. & Others (2023) INSC 1044 (30 November 2023)

/ Kerala Lokayukta Act, 1999, Kerala Lokayukta Act, 1999 with Section 12, Kerala Survey and Boundaries Act, 1961, Kerala Survey and Boundaries Rules, 1964, Lokayukta Jurisdiction

Supreme Court Clarifies Lokayukta’s Jurisdiction in Revenue Record Disputes Date of the Judgment: 30 November 2023 Citation: (2023) INSC 1044 Judges: Vikram Nath, J., Rajesh Bindal, J. Can the Lokayukta issue direct orders for the correction of revenue records, or is its role limited to making recommendations? The Supreme Court of India addressed this critical

Supreme Court clarifies the jurisdiction of Lokayukta in matters of revenue record correction: Additional Tahsildar vs. Urmila G. & Others (2023) INSC 1044 (30 November 2023) Read Post »

Union’s Power to Appoint Delhi Chief Secretary Upheld by Supreme Court in Services Dispute (29 November 2023)

/ All India Services (Death-cum-Retirement Benefits) Rules 1958, Constitutional Law, Constitutional Law with Article 239AA, Government of National Capital Territory of Delhi Act 1991, Government of National Capital Territory of Delhi Act 1991 with Section 45A, Indian Administrative Service (Cadre) Rules 1954, Service Law

Supreme Court Upholds Union’s Power to Appoint Delhi Chief Secretary (2023) LEGAL ISSUE: The extent of the Union Government’s power versus the Government of the National Capital Territory of Delhi (GNCTD) in appointing the Chief Secretary. CASE TYPE: Constitutional Law, Service Law Case Name: Government of NCT of Delhi vs. Union of India & Ors

Union’s Power to Appoint Delhi Chief Secretary Upheld by Supreme Court in Services Dispute (29 November 2023) Read Post »

Supreme Court clarifies the scope of Section 3 of the Prevention of Money Laundering Act, 2002: Pavana Dibbur vs. Directorate of Enforcement (29 November 2023)

/ Criminal Conspiracy, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Prevention of Money Laundering Act, 2002, Prevention of Money Laundering Act, 2002 with Section 3, Proceeds of Crime, Scheduled Offence

Supreme Court Clarifies Scope of Money Laundering Act: Pavana Dibbur vs. Directorate of Enforcement (29 November 2023) LEGAL ISSUE: Scope of “proceeds of crime” and the applicability of Section 3 of the Prevention of Money Laundering Act, 2002 (PMLA) when the accused is not charged in the predicate offense. CASE TYPE: Criminal Law, Money Laundering

Supreme Court clarifies the scope of Section 3 of the Prevention of Money Laundering Act, 2002: Pavana Dibbur vs. Directorate of Enforcement (29 November 2023) Read Post »

Supreme Court Acquits Accused in Rape Case Citing Lack of Evidence: Ved Pal vs. State of Haryana (29 November 2023)

/ Criminal Procedure Code, 1973, Criminal Procedure Code, 1973 with Section 164, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 342, Indian Penal Code, 1860 with Section 376(2)(g), Offences Against Women

Supreme Court Acquits Accused in Rape Case Citing Lack of Evidence: Ved Pal vs. State of Haryana (2023) LEGAL ISSUE: Whether the prosecution proved the charges of rape and wrongful confinement beyond a reasonable doubt. CASE TYPE: Criminal Law Case Name: Ved Pal & Anr. vs. State of Haryana [Judgment Date]: 29 November 2023 Introduction

Supreme Court Acquits Accused in Rape Case Citing Lack of Evidence: Ved Pal vs. State of Haryana (29 November 2023) Read Post »

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