Constitutional Law with Article 136

Supreme Court clarifies maintainability of review petitions after dismissal of special leave petitions in civil cases: Khoday Distilleries Ltd. vs. Sri Mahadeshwara Sahakara Sakkare Karkhane Ltd. (01 March 2019)

/ A.K. Sikri, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 47 Rule 1, Code of Civil Procedure, 1908 with Section 96, Constitutional Law, Constitutional Law with Article 136, Judges, M.R. Shah, S. Abdul Nazeer

Supreme Court Clarifies Maintainability of Review Petitions After Dismissal of Special Leave Petitions: Khoday Distilleries Ltd. vs. Sri Mahadeshwara Sahakara Sakkare Karkhane Ltd. (2019) LEGAL ISSUE: Whether a review petition is maintainable before the High Court after the Supreme Court has dismissed a Special Leave Petition (SLP) against the same judgment. CASE TYPE: Civil Appeal […]

Supreme Court clarifies maintainability of review petitions after dismissal of special leave petitions in civil cases: Khoday Distilleries Ltd. vs. Sri Mahadeshwara Sahakara Sakkare Karkhane Ltd. (01 March 2019) Read Post »

Supreme Court Sets Aside Erroneous Conviction in Murder Case: Deep Narayan Chourasia vs. State of Bihar (25 February 2019)

/ Abhay Manohar Sapre, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 354, Constitutional Law, Constitutional Law with Article 136, Dinesh Maheshwari, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body

Supreme Court Sets Aside Erroneous Conviction in Murder Case: Deep Narayan Chourasia vs. State of Bihar (2019) Date of the Judgment: 25 February 2019 Citation: Deep Narayan Chourasia vs. State of Bihar, Criminal Appeal No.180 of 2019 Judges: Abhay Manohar Sapre, J. and Dinesh Maheshwari, J. Can a High Court convict an accused of a

Supreme Court Sets Aside Erroneous Conviction in Murder Case: Deep Narayan Chourasia vs. State of Bihar (25 February 2019) Read Post »

Supreme Court Decides on Interest Payment in Settlement Agreement Dispute: State Trading Corporation of India Ltd. vs. Global Steel Holding Limited & Ors. (2018)

/ Abhay Manohar Sapre, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 73, Constitutional Law, Constitutional Law with Article 136, Constitutional Law with Article 142, Indu Malhotra, Judges

Supreme Court Decides on Interest Payment in Settlement Agreement Dispute: State Trading Corporation of India Ltd. vs. Global Steel Holding Limited & Ors. (2018) LEGAL ISSUE: Determination of interest payable on outstanding dues under a settlement agreement. CASE TYPE: Civil Dispute, Contract Law, Settlement Agreement Case Name: State Trading Corporation of India Ltd. vs. M/s

Supreme Court Decides on Interest Payment in Settlement Agreement Dispute: State Trading Corporation of India Ltd. vs. Global Steel Holding Limited & Ors. (2018) Read Post »

Supreme Court clarifies scope of revisional powers in criminal cases: Menoka Malik vs. State of West Bengal (28 August 2018)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 401, Constitutional Law, Constitutional Law with Article 136, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 307, Judges, Mohan M. Shantanagoudar, N.V. Ramana, Offences Against Human Body, Revisional Jurisdiction

Supreme Court on Revisional Powers and Evidence Appraisal in Criminal Cases Date of the Judgment: 28 August 2018 Citation: (2018) INSC 742 Judges: N.V. Ramana, J., Mohan M. Shantanagoudar, J. Can a High Court, in its revisional jurisdiction, overturn an acquittal by a lower court when material evidence was overlooked? The Supreme Court of India

Supreme Court clarifies scope of revisional powers in criminal cases: Menoka Malik vs. State of West Bengal (28 August 2018) Read Post »

Supreme Court Allows Mother to Keep Child in India, Overturns Delhi High Court Order

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 136, Constitutional Law with Article 226, D.Y. Chandrachud, Dipak Misra, Hindu Marriage Act, 1955, Hindu Marriage Act, 1955 with Section 13, Hindu Marriage Act, 1955 with Section 26, Judges

Supreme Court Allows Mother to Keep Child in India, Overturns Delhi High Court Order LEGAL ISSUE: International Child Custody and Habeas Corpus; CASE TYPE: Family Law; Case Name: Mrs. Kanika Goel vs. State of Delhi and Anr.; Judgment Date: 20 July 2018 Date of the Judgment: 20 July 2018 Citation: (2018) INSC 647 Judges: Dipak

Supreme Court Allows Mother to Keep Child in India, Overturns Delhi High Court Order Read Post »

Supreme Court Upholds Conviction in Violent Land Dispute Case: Suresh Singh vs. State of Madhya Pradesh (2018)

/ Abhay Manohar Sapre, Constitutional Law, Constitutional Law with Article 136, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 148, Indian Penal Code, 1860 with Section 307, Judges, Offences Against Human Body, S. Abdul Nazeer

Supreme Court Upholds Conviction in Violent Land Dispute Case: Suresh Singh vs. State of Madhya Pradesh (2018) LEGAL ISSUE: Whether the concurrent findings of the lower courts regarding the appellants’ guilt in a violent land dispute case were legally and factually sustainable. CASE TYPE: Criminal Case Name: Suresh Singh & Anr. vs. State of Madhya

Supreme Court Upholds Conviction in Violent Land Dispute Case: Suresh Singh vs. State of Madhya Pradesh (2018) Read Post »

Supreme Court Addresses Slum Redevelopment Delays: Susme Builders vs. Slum Rehabilitation Authority (2018)

/ B.N. Srikrishna, Constitutional Law, Constitutional Law with Article 136, Constitutional Law with Article 142, Deepak Gupta, Judges, Madan B. Lokur, Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 with Section 13(2), Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 with Section 3A, Slum Rehabilitation Authority

Supreme Court Addresses Slum Redevelopment Delays: Susme Builders vs. Slum Rehabilitation Authority (2018) LEGAL ISSUE: Whether the Slum Rehabilitation Authority can remove a developer for project delays and lack of 70% slum dweller consent. CASE TYPE: Slum Redevelopment Law Case Name: Susme Builders Pvt. Ltd. vs. Chief Executive Officer, Slum Rehabilitation Authority and Ors. [Judgment

Supreme Court Addresses Slum Redevelopment Delays: Susme Builders vs. Slum Rehabilitation Authority (2018) Read Post »

Supreme Court Upholds Pay Parity for Andaman & Nicobar Police Constables: Union of India vs. A. Rayer (2017)

/ Amitava Roy, Anomaly Committee, Constitutional Law, Constitutional Law with Article 136, Judges, Kurian Joseph, Pay Parity, Service Law

LEGAL ISSUE: Whether Police Constables in Andaman & Nicobar Islands should receive the same pay scale as Delhi Police Constables, based on the recommendations of the Anomaly Committee. CASE TYPE: Service Law Case Name: Union of India & Ors. vs. A. Rayer & Ors. [Judgment Date]: November 24, 2017 Date of the Judgment: November 24,

Supreme Court Upholds Pay Parity for Andaman & Nicobar Police Constables: Union of India vs. A. Rayer (2017) Read Post »

Supreme Court Upholds Trial Court’s Decision on Witness Re-examination in Criminal Case: Ratanlal vs. Prahlad Jat & Ors (2017)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 311, Constitutional Law, Constitutional Law with Article 136, Criminal Conspiracy, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, J. Chelameswar, Judges, Offences Against Human Body, S. Abdul Nazeer, Witness Examination

LEGAL ISSUE: Whether a trial court can reject a witness’s application for re-examination under Section 311 of the Code of Criminal Procedure, 1973 (Cr.P.C.) if the application is made after a significant delay and without sufficient explanation, especially when the witness had previously supported the prosecution’s case. CASE TYPE: Criminal Law Case Name: Ratanlal vs.

Supreme Court Upholds Trial Court’s Decision on Witness Re-examination in Criminal Case: Ratanlal vs. Prahlad Jat & Ors (2017) Read Post »

Supreme Court Enhances Sentence in Custodial Death Case: State of Maharashtra vs. Sanvlo Naik & Anr. (2017)

/ Constitutional Law, Constitutional Law with Article 136, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 304, Indian Penal Code, 1860 with Section 34, Judges, Navin Sinha, Offences Against Human Body, Ranjan Gogoi

LEGAL ISSUE: Whether the High Court was correct in acquitting the accused of the offense punishable under Section 304 Part II of the Indian Penal Code, 1860, and whether the sentence should be enhanced. CASE TYPE: Criminal Case Name: State through Central Bureau of Investigation vs. Sanvlo Naik & Anr. Judgment Date: 7th September 2017

Supreme Court Enhances Sentence in Custodial Death Case: State of Maharashtra vs. Sanvlo Naik & Anr. (2017) Read Post »

Supreme Court clarifies scope of highway liquor ban in Chandigarh: Arrive Safe Society vs. Union Territory of Chandigarh (2017)

/ Constitutional Law, Constitutional Law with Article 136, D.Y. Chandrachud, Jagdish Singh Khehar, Judges, L. Nageswara Rao

LEGAL ISSUE: Whether the ban on liquor sales near highways applies to roads within a city. CASE TYPE: Public Interest Litigation Case Name: Arrive Safe Society of Chandigarh vs. The Union Territory of Chandigarh & Anr. Judgment Date: 11 July 2017 Date of the Judgment: 11 July 2017 Citation: Arrive Safe Society of Chandigarh vs.

Supreme Court clarifies scope of highway liquor ban in Chandigarh: Arrive Safe Society vs. Union Territory of Chandigarh (2017) Read Post »

Supreme Court Upholds Conviction for Illegal Sale of Poppy Straw: Girish Raghunath Mehta vs. Inspector of Customs (2016)

/ Adarsh Kumar Goel, C. Nagappan, Constitutional Law, Constitutional Law with Article 136, Judges, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 43, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 67

LEGAL ISSUE: Whether the conviction for illegal sale of poppy straw under the Narcotic Drugs and Psychotropic Substances Act, 1985 is sustainable when the contraband was recovered from a public place and the accused made a statement under Section 67 of the Act. CASE TYPE: Criminal Law, Narcotic Drugs and Psychotropic Substances Act, 1985 Case

Supreme Court Upholds Conviction for Illegal Sale of Poppy Straw: Girish Raghunath Mehta vs. Inspector of Customs (2016) Read Post »

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