Constitutional Law with Article 142

Supreme Court Interprets Exclusion Clause in Export Credit Insurance Policy: Export Credit Guarantee Corporation of India Ltd. vs. M.S. Creations (2019)

/ Constitutional Law, Constitutional Law with Article 142, Contract Law, Dhananjaya Y Chandrachud, Exclusion Clause, Export Credit Insurance, Hemant Gupta, Insurance Law, Interpretation of Contracts, Judges

Supreme Court Interprets Exclusion Clause in Export Credit Insurance Policy: Export Credit Guarantee Corporation of India Ltd. vs. M.S. Creations (2019) Date of the Judgment: March 13, 2019 Citation: CIVIL APPEAL NO.2987 OF 2019 (@SLP(C) No. 7781/2014) Judges: Dr. Dhananjaya Y Chandrachud, J. and Hemant Gupta, J. Can an export credit guarantee corporation deny a […]

Supreme Court Interprets Exclusion Clause in Export Credit Insurance Policy: Export Credit Guarantee Corporation of India Ltd. vs. M.S. Creations (2019) Read Post »

Supreme Court Upholds Resumption of Allotted Booth Due to Payment Default: Rajiv Vohra vs. State of Haryana (2019)

/ Allotment of Property, Breach of contract, Constitutional Law, Constitutional Law with Article 142, Contract Law, Contract Law with Payment Obligations, Dhananjaya Y Chandrachud, General Power of Attorney, Hemant Gupta, Judges, Property Law, Resumption of Property

Supreme Court Upholds Resumption of Allotted Booth Due to Payment Default: Rajiv Vohra vs. State of Haryana (2019) LEGAL ISSUE: Whether a government authority can resume an allotted property due to non-payment of dues by the allottee. CASE TYPE: Civil Case Name: Rajiv Vohra vs. The State of Haryana and Ors. Judgment Date: 21 February

Supreme Court Upholds Resumption of Allotted Booth Due to Payment Default: Rajiv Vohra vs. State of Haryana (2019) Read Post »

Supreme Court Holds Reliance Companies in Contempt for Breaching Undertakings: Ericsson vs. State Bank of India (20 February 2019)

/ Constitutional Law, Constitutional Law with Article 142, Contempt of Courts Act, 1971, Contempt of Courts Act, 1971 with Section 12, Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency Code with Section 9, Judges, R.F. Nariman, Vineet Saran

Supreme Court Holds Reliance Companies in Contempt for Breaching Undertakings: Ericsson vs. State Bank of India (2019) LEGAL ISSUE: Whether Reliance Companies were in contempt of court for breaching undertakings given to the Supreme Court regarding payment to Ericsson. CASE TYPE: Contempt of Court Case Name: Reliance Communication Limited & Ors. vs. State Bank of

Supreme Court Holds Reliance Companies in Contempt for Breaching Undertakings: Ericsson vs. State Bank of India (20 February 2019) Read Post »

Supreme Court Quashes Criminal Proceedings in Cheating Case: Srinivasan Iyenger vs. Bimla Devi Agarwal (2019)

/ Code of Criminal Procedure, Code of Criminal Procedure with Section 482, Constitutional Law, Constitutional Law with Article 142, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 406, Indian Penal Code, 1860 with Section 468, Judges, L. Nageswara Rao, M. R. Shah

Supreme Court Quashes Criminal Proceedings in Cheating Case: Srinivasan Iyenger vs. Bimla Devi Agarwal (2019) LEGAL ISSUE: Whether criminal proceedings for offences of cheating, forgery and criminal conspiracy can be quashed when the dispute is predominantly civil in nature and parties have reached an amicable settlement. CASE TYPE: Criminal Case Name: Srinivasan Iyenger and Anr.

Supreme Court Quashes Criminal Proceedings in Cheating Case: Srinivasan Iyenger vs. Bimla Devi Agarwal (2019) Read Post »

Supreme Court Upholds Minimum Sentence Under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act: State of Madhya Pradesh vs. Vikram Das (8 February 2019)

/ Constitutional Law, Constitutional Law with Article 142, Dhananjaya Y. Chandrachud, Hemant Gupta, Judges, Minimum Sentence, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 with Section 3(1)(xi)

Supreme Court Upholds Minimum Sentence Under SC/ST Act: State of Madhya Pradesh vs. Vikram Das (2019) Date of the Judgment: 8 February 2019 Citation: 2019 INSC 100 Judges: Dr. Dhananjaya Y. Chandrachud, J. and Hemant Gupta, J. Can a High Court reduce a sentence below the minimum prescribed by law? The Supreme Court of India

Supreme Court Upholds Minimum Sentence Under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act: State of Madhya Pradesh vs. Vikram Das (8 February 2019) Read Post »

Supreme Court Upholds Dismissal of Review in Land Ceiling Case: Asharfi Devi vs. State of U.P. (2019)

/ Abhay Manohar Sapre, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 47 Rule 1, Constitutional Law, Constitutional Law with Article 142, Dinesh Maheshwari, Judges

Supreme Court Upholds Dismissal of Review in Land Ceiling Case: Asharfi Devi vs. State of U.P. (2019) LEGAL ISSUE: Whether the High Court was correct in dismissing a review application for not finding an error apparent on the face of the record. CASE TYPE: Land Ceiling, Civil Review Case Name: Asharfi Devi (D) THR. LRs.

Supreme Court Upholds Dismissal of Review in Land Ceiling Case: Asharfi Devi vs. State of U.P. (2019) Read Post »

Supreme Court Upholds Contractual Arbitration Clause: Rajasthan Small Industries Corporation vs. Ganesh Containers (2019)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 11, Arbitration Law with Section 12, Constitutional Law, Constitutional Law with Article 142, Indira Banerjee, Judges, R. Banumathi

Supreme Court Upholds Contractual Arbitration Clause: Rajasthan Small Industries Corporation vs. Ganesh Containers (2019) Date of the Judgment: January 23, 2019 Citation: 2019 INSC 65 Judges: R. Banumathi, J. and Indira Banerjee, J. Can a party bypass a pre-agreed arbitration clause and seek the appointment of an independent arbitrator? The Supreme Court of India recently

Supreme Court Upholds Contractual Arbitration Clause: Rajasthan Small Industries Corporation vs. Ganesh Containers (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 Directs Railways to Absorb Parcel Porters: Ram Bhajan Das & Ors. vs. Union of India & Ors. (28 November 2018)

/ Constitutional Law, Constitutional Law with Article 142, Contract Labour, Hemant Gupta, Judges, Kurian Joseph, Railway Employees, Regularization of Employees, Service Law

Supreme Court Directs Railways to Absorb Parcel Porters: Ram Bhajan Das & Ors. vs. Union of India & Ors. (2018) LEGAL ISSUE: Whether long-serving parcel and goods porters should be absorbed into regular railway employment. CASE TYPE: Service Law Case Name: Ram Bhajan Das & Ors. vs. Union of India & Ors. Judgment Date: 28

Supreme Court Directs Railways to Absorb Parcel Porters: Ram Bhajan Das & Ors. vs. Union of India & Ors. (28 November 2018) Read Post »

Supreme Court Grants Divorce by Mutual Consent under Section 10A of the Indian Divorce Act, 1869

/ Constitutional Law, Constitutional Law with Article 142, Hemant Gupta, Indian Divorce Act, 1869, Indian Divorce Act, 1869 with Section 10A, Judges, Kurian Joseph

Supreme Court Grants Divorce by Mutual Consent under Section 10A of the Indian Divorce Act, 1869 LEGAL ISSUE: Granting divorce by mutual consent. CASE TYPE: Matrimonial Law Case Name: Meera V. Mathew vs. Vivek K. John Judgment Date: November 13, 2018 Date of the Judgment: November 13, 2018 Citation: Not Available Judges: Kurian Joseph, J.,

Supreme Court Grants Divorce by Mutual Consent under Section 10A of the Indian Divorce Act, 1869 Read Post »

Compassionate Appointment: Supreme Court Invokes Article 142 in Vinod Kumar Singh vs. State of Uttar Pradesh (29 October 2018)

/ A.M. Khanwilkar, Compassionate Appointment, Constitutional Law, Constitutional Law with Article 142, Judges, Kurian Joseph, Service Law

Compassionate Appointment: Supreme Court Invokes Article 142 in Vinod Kumar Singh vs. State of Uttar Pradesh (2018) LEGAL ISSUE: Whether the Supreme Court can invoke its plenary powers under Article 142 of the Constitution of India to grant compassionate appointment in a specific case, despite prior dismissals. CASE TYPE: Service Law Case Name: Vinod Kumar

Compassionate Appointment: Supreme Court Invokes Article 142 in Vinod Kumar Singh vs. State of Uttar Pradesh (29 October 2018) Read Post »

Supreme Court settles property dispute under Article 142: Vasudevan Embanthiri vs. Gopalakrishnan (2018)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 142, Judges, Kurian Joseph, Property Dispute Resolution, Property Law, Settlement of Property Disputes

Supreme Court settles property dispute under Article 142: Vasudevan Embanthiri vs. Gopalakrishnan (2018) Date of the Judgment: October 25, 2018 Citation: Not Available in source Judges: Kurian Joseph, J. and A.M. Khanwilkar, J. Can a decades-long property dispute be resolved through the intervention of the Supreme Court, even against the wishes of one party? The

Supreme Court settles property dispute under Article 142: Vasudevan Embanthiri vs. Gopalakrishnan (2018) Read Post »

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