Constitutional Law with Article 142

Supreme Court Upholds High Court Decision but Grants Relief to Student with Learning Disability: Naman Verma vs. The Director, IIT Bombay (2022)

/ Constitutional Law, Constitutional Law with Article 142, Constitutional Law with Article 226, Disability Law, Judges, Persons with Disabilities Act, 1995, Rights of Persons with Disabilities Act, 2016, S. Ravindra Bhat, Sudhanshu Dhulia, Uday Umesh Lalit

Supreme Court Upholds High Court Decision but Grants Relief to Student with Learning Disability LEGAL ISSUE: Whether a student with a learning disability, specifically Dyscalculia, is entitled to relief under the Persons with Disabilities Act, 1995. CASE TYPE: Education Law, Disability Rights. Case Name: Naman Verma vs. The Director, The Indian Institute of Technology Bombay […]

Supreme Court Upholds High Court Decision but Grants Relief to Student with Learning Disability: Naman Verma vs. The Director, IIT Bombay (2022) Read Post »

Supreme Court Enhances Dam Safety Measures for Mullaperiyar Dam: Implementation of Dam Safety Act, 2021 (08 April 2022)

/ A.M. Khanwilkar, Abhay S. Oka, C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 142, Dam Safety Act, 2021, Dam Safety Act, 2021 with Section 24, Dam Safety Act, 2021 with Section 9, Judges, National Dam Safety Authority

Supreme Court Strengthens Mullaperiyar Dam Oversight: Dam Safety Act Implementation (2022) Date of the Judgment: 08 April 2022 Citation: Not Available Judges: A.M. Khanwilkar, J., Abhay S. Oka, J., C.T. Ravikumar, J. Is the existing supervisory committee for the Mullaperiyar Dam sufficient to ensure its safety? The Supreme Court addressed this critical question in light

Supreme Court Enhances Dam Safety Measures for Mullaperiyar Dam: Implementation of Dam Safety Act, 2021 (08 April 2022) Read Post »

Supreme Court Sets Aside Additional Time for Land Acquisition: Laxmikant vs. State of Maharashtra (23 March 2022)

/ Constitutional Law, Constitutional Law with Article 142, Hemant Gupta, Judges, Maharashtra Regional and Town Planning Act, 1966, Maharashtra Regional and Town Planning Act, 1966 with Section 126, Maharashtra Regional and Town Planning Act, 1966 with Section 127, V. Ramasubramanian

Supreme Court Sets Aside Additional Time for Land Acquisition: Laxmikant vs. State of Maharashtra (2022) LEGAL ISSUE: Whether a High Court can grant additional time to acquire land beyond the statutory period specified in the Maharashtra Regional and Town Planning Act, 1966. CASE TYPE: Land Acquisition/Town Planning Case Name: Laxmikant & Ors. vs. State of

Supreme Court Sets Aside Additional Time for Land Acquisition: Laxmikant vs. State of Maharashtra (23 March 2022) Read Post »

Supreme Court Corrects Clerical Error in Contempt Judgment: Vijay Kurle & Ors. (21 March 2022)

/ Aniruddha Bose, Clerical Error Correction, Constitutional Law, Constitutional Law with Article 142, Contempt of Court, Dinesh Maheshwari, Judges

Supreme Court Corrects Judgment on Contempt: Vijay Kurle & Ors. (2022) LEGAL ISSUE: Correction of clerical error in a judgment. CASE TYPE: Contempt of Court. Case Name: In Re: Vijay Kurle & Ors. Judgment Date: 21 March 2022 Date of the Judgment: 21 March 2022 Citation: Not Available Judges: Hon’ble Mr. Justice Dinesh Maheshwari and

Supreme Court Corrects Clerical Error in Contempt Judgment: Vijay Kurle & Ors. (21 March 2022) Read Post »

Supreme Court permits withdrawal of CIRP proceedings in favor of Homebuyers: Amit Katyal vs. Meera Ahuja (03 March 2022)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 142, Corporate Insolvency Resolution Process (CIRP), Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 12A, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, M.R. Shah

Supreme Court permits withdrawal of CIRP proceedings in favor of Homebuyers: Amit Katyal vs. Meera Ahuja (2022) LEGAL ISSUE: Whether the Supreme Court can permit the withdrawal of Corporate Insolvency Resolution Process (CIRP) proceedings initiated by homebuyers, considering a settlement between the parties and the larger interest of the homebuyers. CASE TYPE: Insolvency Law Case

Supreme Court permits withdrawal of CIRP proceedings in favor of Homebuyers: Amit Katyal vs. Meera Ahuja (03 March 2022) Read Post »

Supreme Court grants divorce decree based on desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955: Debananda Tamuli vs. Smti Kakumoni Kataky (2022) INSC 127 (15 February 2022)

/ Abhay S. Oka, Ajay Rastogi, Constitutional Law, Constitutional Law with Article 142, Desertion, Hindu Marriage Act, 1955, Hindu Marriage Act, 1955 with Section 13(1)(ia), Hindu Marriage Act, 1955 with Section 13(1)(ib), Judges

Supreme Court Grants Divorce Based on Desertion Under Hindu Marriage Act Date of the Judgment: 15 February 2022 Citation: (2022) INSC 127 Judges: Hon’ble Justices Ajay Rastogi and Abhay S. Oka Can a spouse be granted a divorce if the other spouse leaves the matrimonial home for an extended period? The Supreme Court of India

Supreme Court grants divorce decree based on desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955: Debananda Tamuli vs. Smti Kakumoni Kataky (2022) INSC 127 (15 February 2022) Read Post »

Supreme Court Resolves Cooperative Society Redevelopment Dispute: Kamgar Swa Sadan Co-operative Housing Society Ltd. vs. Vijaykumar Vitthalrao Sarvade & Ors. (2022)

/ Abhay S. Oka, Ajay Rastogi, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 9A, Constitutional Law, Constitutional Law with Article 142, Disputes Related to Cooperative Societies, Judges, Jurisdiction of Civil Court, Maharashtra Co-operative Societies Act, 1960, Maharashtra Co-operative Societies Act, 1960 with Section 91

Supreme Court Resolves Cooperative Society Redevelopment Dispute: Kamgar Swa Sadan Co-operative Housing Society Ltd. vs. Vijaykumar Vitthalrao Sarvade & Ors. (2022) Date of the Judgment: 08 February 2022 Citation: Kamgar Swa Sadan Co-operative Housing Society Ltd. v. Mr. Vijaykumar Vitthalrao Sarvade & Ors., Civil Appeal No. 1222 of 2022 (arising out of SLP (Civil) No.

Supreme Court Resolves Cooperative Society Redevelopment Dispute: Kamgar Swa Sadan Co-operative Housing Society Ltd. vs. Vijaykumar Vitthalrao Sarvade & Ors. (2022) Read Post »

Supreme Court Dissolves Marriage Citing Irretrievable Breakdown: N.Rajendran vs. S.Valli (2022)

/ Constitutional Law, Constitutional Law with Article 142, Family Courts Act, 1984, Family Courts Act, 1984 with Section 19, Family Courts Act, 1984 with Section 20, Grounds for Divorce, Hindu Marriage Act, 1955, Hindu Marriage Act, 1955 with Section 13(1)(ia), Hindu Marriage Act, 1955 with Section 15, Hrishikesh Roy, Judges, K.M. Joseph, Limitation Act, 1963, Limitation Act, 1963 with Section 29

Supreme Court Dissolves Marriage Citing Irretrievable Breakdown: N.Rajendran vs. S.Valli (2022) LEGAL ISSUE: Whether a marriage can be dissolved on the grounds of irretrievable breakdown, even when one party does not consent, and the applicability of the Limitation Act to appeals under the Family Courts Act. CASE TYPE: Matrimonial Law, Family Law Case Name: N.Rajendran

Supreme Court Dissolves Marriage Citing Irretrievable Breakdown: N.Rajendran vs. S.Valli (2022) Read Post »

Supreme Court Upholds Repeal of Manipur Parliamentary Secretary Act, but Strikes Down Saving Clause

/ B.R. Gavai, B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 142, Constitutional Law with Article 194, Judges, L. Nageswara Rao, Legislative Competence

Supreme Court Upholds Repeal of Manipur Parliamentary Secretary Act, but Strikes Down Saving Clause LEGAL ISSUE: Whether the Manipur State Legislature had the competence to enact the Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provisions) Act, 2012 and subsequently repeal it with a saving clause. CASE TYPE: Constitutional Law Case Name: The State

Supreme Court Upholds Repeal of Manipur Parliamentary Secretary Act, but Strikes Down Saving Clause Read Post »

Supreme Court Upholds Manipur’s Repeal of Parliamentary Secretary Act, Limits Saving Clause: State of Manipur vs. Surjakumar Okram (2022)

/ B.R. Gavai, B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 142, Constitutional Law with Article 164, Judges, L. Nageswara Rao, Legislative Competence

Supreme Court Upholds Manipur’s Repeal of Parliamentary Secretary Act, Limits Saving Clause: State of Manipur vs. Surjakumar Okram (2022) LEGAL ISSUE: Whether the Manipur Legislature had the competence to enact a saving clause in the Repealing Act of the Manipur Parliamentary Secretary Act, 2012, after the Assam Act of 2004, which is in pari materia,

Supreme Court Upholds Manipur’s Repeal of Parliamentary Secretary Act, Limits Saving Clause: State of Manipur vs. Surjakumar Okram (2022) Read Post »

Supreme Court Upholds Repeal of Manipur Act but Strikes Down Saving Clause: State of Manipur vs. Surjakumar Okram (2022)

/ B.R. Gavai, B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 142, Constitutional Law with Article 246, Fundamental Rights, Judges, L. Nageswara Rao, Legislative Competence, Legislative Competence with List II Entry 39, Legislative Competence with List II Entry 40, State Legislature Powers

Supreme Court Upholds Repeal of Manipur Act but Strikes Down Saving Clause: State of Manipur vs. Surjakumar Okram (2022) LEGAL ISSUE: Legislative competence of a state legislature to enact laws regarding parliamentary secretaries and the validity of saving clauses in repealing acts. CASE TYPE: Constitutional Law/Legislative Competence Case Name: State of Manipur & Ors. vs.

Supreme Court Upholds Repeal of Manipur Act but Strikes Down Saving Clause: State of Manipur vs. Surjakumar Okram (2022) Read Post »

Supreme Court Orders Appointment Despite NOC Delay: Narender Singh vs. State of Haryana (2022)

/ Appointment of Government Employees, Constitutional Law, Constitutional Law with Article 142, Judges, M.R. Shah, No Objection Certificate, Recruitment Process, Sanjiv Khanna, Service Law

Supreme Court Orders Appointment Despite NOC Delay: Narender Singh vs. State of Haryana (2022) LEGAL ISSUE: Whether a candidate should be denied appointment due to a delay in the issuance of a No Objection Certificate (NOC) by their employer, when the candidate applied for the NOC well in time and was otherwise meritorious. CASE TYPE:

Supreme Court Orders Appointment Despite NOC Delay: Narender Singh vs. State of Haryana (2022) Read Post »

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