Constitutional Law with Article 226

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 clarifies time limits for filing election disputes in cooperative societies: Reji Thomas & Ors. vs. State of Kerala & Ors. (2018)

/ Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 243ZK, Election Disputes, Judges, Kerala Cooperative Societies Act, 1969, Kerala Cooperative Societies Act, 1969 with Section 69, Kurian Joseph, Mohan M. Shantanagoudar, Navin Sinha

Supreme Court on Extending Time for Election Petitions in Cooperative Societies Date of the Judgment: April 19, 2018 Citation: 2018 INSC 332 Judges: Kurian Joseph, Mohan M. Shantanagoudar, Navin Sinha, JJ. Can a High Court extend the deadline for filing an election petition under the Kerala Cooperative Societies Act, 1969? The Supreme Court addressed this

Supreme Court clarifies time limits for filing election disputes in cooperative societies: Reji Thomas & Ors. vs. State of Kerala & Ors. (2018) Read Post »

Supreme Court Upholds Expert Evaluation in Ujjain Waste Management Tender Case: Municipal Corporation, Ujjain & Anr. vs. BVG India Limited and Ors. (27 March 2018)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 226, Contract Law, Judges, Judicial Review of Contracts, Mohan M. Shantanagoudar, R. Banumathi, Ranjan Gogoi, Tender Process

Supreme Court Upholds Expert Evaluation in Ujjain Waste Management Tender Case Date of the Judgment: 27 March 2018 Citation: 2018 INSC 247 Judges: Ranjan Gogoi, J., R. Banumathi, J., Mohan M. Shantanagoudar, J. Can a High Court interfere with the technical evaluation of a tender process conducted by an expert body? The Supreme Court of

Supreme Court Upholds Expert Evaluation in Ujjain Waste Management Tender Case: Municipal Corporation, Ujjain & Anr. vs. BVG India Limited and Ors. (27 March 2018) Read Post »

Supreme Court Clarifies Status of Appellate Officer under Public Premises Act: LIC vs. Nandini J. Shah (20 February 2018)

/ A.M. Khanwilkar, Amitava Roy, Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 227, Dipak Misra, Judges, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Public Premises Act with Section 10, Public Premises Act with Section 8, Public Premises Act with Section 9

Supreme Court Clarifies Status of Appellate Officer under Public Premises Act: LIC vs. Nandini J. Shah (2018) LEGAL ISSUE: Whether an Appellate Officer under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 acts as a Civil Court or as a persona designata. CASE TYPE: Public Premises Eviction Law Case Name: Life

Supreme Court Clarifies Status of Appellate Officer under Public Premises Act: LIC vs. Nandini J. Shah (20 February 2018) Read Post »

Supreme Court Denies Additional Land to Late Litigant Landowners in Land Acquisition Case

/ Abhay Manohar Sapre, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 226, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 17, Land Acquisition Act, 1894 with Section 4, Land Acquisition Act, 1894 with Section 6, R.K. Agrawal

Supreme Court Denies Additional Land to Late Litigant Landowners in Land Acquisition Case LEGAL ISSUE: Whether landowners who did not initially challenge land acquisition proceedings are entitled to the same benefits as those who did, specifically regarding the allotment of developed land. CASE TYPE: Land Acquisition Case Name: Khatoon & Ors. vs. The State of

Supreme Court Denies Additional Land to Late Litigant Landowners in Land Acquisition Case Read Post »

Supreme Court Clarifies Remedy for Non-Award of Interest in Land Acquisition Cases: Union of India vs. Pushpavathi (2018) INSC 113

/ Abhay Manohar Sapre, Constitutional Law, Constitutional Law with Article 226, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 18, Land Acquisition Act, 1894 with Section 28A, Land Acquisition Act, 1894 with Section 34, R.K. Agrawal, Remedies, Writ Petition

Supreme Court Clarifies Remedy for Non-Award of Interest in Land Acquisition Cases Date of the Judgment: February 06, 2018 Citation: (2018) INSC 113 Judges: R.K. Agrawal, J., Abhay Manohar Sapre, J. (authored the judgment) Can a landowner, aggrieved by the Collector’s failure to award interest on compensation in land acquisition cases, directly approach the Civil

Supreme Court Clarifies Remedy for Non-Award of Interest in Land Acquisition Cases: Union of India vs. Pushpavathi (2018) INSC 113 Read Post »

Supreme Court Upholds SARFAESI Act, Limits High Court Intervention in Loan Recovery: State Bank of Travancore vs. Mathew K.C. (2018)

/ Constitutional Law, Constitutional Law with Article 226, Judges, Navin Sinha, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Rohinton Fali Nariman, SARFAESI Act, 2002, SARFAESI Act, 2002 with Section 13(2), SARFAESI Act, 2002 with Section 13(4), SARFAESI Act, 2002 with Section 17

Supreme Court Upholds SARFAESI Act, Limits High Court Intervention in Loan Recovery: State Bank of Travancore vs. Mathew K.C. (2018) Date of the Judgment: January 30, 2018 Citation: 2018 INSC 75 Judges: Rohinton Fali Nariman, J., Navin Sinha, J. Can a High Court interfere with loan recovery proceedings initiated under the Securitisation and Reconstruction of

Supreme Court Upholds SARFAESI Act, Limits High Court Intervention in Loan Recovery: State Bank of Travancore vs. Mathew K.C. (2018) Read Post »

Supreme Court Overturns Delhi High Court in Child Custody Battle: Prateek Gupta vs. Shilpi Gupta (2017)

/ Amitava Roy, Child Custody, Constitutional Law, Constitutional Law with Article 226, Dipak Misra, Family Law, Guardian and Wards Act, 1890 with Section 7(b), Judges

LEGAL ISSUE: Whether the principle of comity of courts and the doctrines of “intimate contact” and “closest concern” should take precedence over the welfare of the child in international child custody disputes. CASE TYPE: Family Law, Child Custody, Habeas Corpus Case Name: Prateek Gupta vs. Shilpi Gupta & Ors. [Judgment Date]: 6 December 2017 Introduction

Supreme Court Overturns Delhi High Court in Child Custody Battle: Prateek Gupta vs. Shilpi Gupta (2017) Read Post »

Supreme Court Restores Finality to Land Acquisition: H.N. Jagannath vs. State of Karnataka (2017)

/ Arun Mishra, Bangalore Development Authority Act, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 9, Constitutional Law, Constitutional Law with Article 226, Judges, Land Acquisition, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 16(2), Mohan M. Shantanagoudar

LEGAL ISSUE: Whether a civil court can decide on the validity of land acquisition notifications and proceedings. CASE TYPE: Land Acquisition Case Name: H. N. Jagannath & Ors. vs. State of Karnataka & Ors. Judgment Date: 06 December 2017 Date of the Judgment: 06 December 2017 Citation: 2017 INSC 1049 Judges: Arun Mishra, J., Mohan

Supreme Court Restores Finality to Land Acquisition: H.N. Jagannath vs. State of Karnataka (2017) Read Post »

Supreme Court Orders Retrial in Amit Jethwa Murder Case, Cancels Bail of Accused: Dinubhai Boghabhai Solanki vs. State of Gujarat (2017)

/ A.K. Sikri, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 386, Constitutional Law, Constitutional Law with Article 21, Constitutional Law with Article 226, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 114, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body

Date of the Judgment: October 30, 2017 Citation: (2017) INSC 942 Judges: A.K. Sikri, J. and Ashok Bhushan, J. Can a trial be considered fair if most of the witnesses turn hostile due to intimidation? The Supreme Court of India recently addressed this critical question in the case of Dinubhai Boghabhai Solanki vs. State of

Supreme Court Orders Retrial in Amit Jethwa Murder Case, Cancels Bail of Accused: Dinubhai Boghabhai Solanki vs. State of Gujarat (2017) Read Post »

Delhi Tax Amnesty Scheme: Supreme Court Decides on Designated Authority’s Powers in Tax Compliance Cases (2017)

/ Constitutional Law, Constitutional Law with Article 226, Judges, Navin Sinha, Ranjan Gogoi, Tax Assessment, Tax Law, Tax Law with Section 107 of the Delhi Value Added Tax Act, 2004

LEGAL ISSUE: Whether the Designated Authority under the Delhi Tax Compliance Achievement Scheme, 2013, had the power to issue show cause notices for reopening assessments. CASE TYPE: Tax Law Case Name: Commissioner of Trade and Taxes and Ors. vs. M/S Ahluwalia Contracts (India) Ltd. Judgment Date: 4 October 2017 Can a tax authority, specifically an

Delhi Tax Amnesty Scheme: Supreme Court Decides on Designated Authority’s Powers in Tax Compliance Cases (2017) Read Post »

Delhi Tax Amnesty Scheme: Supreme Court Clarifies Powers of Designated Authority in Tax Dispute

/ Constitutional Law, Constitutional Law with Article 226, Delhi Tax Compliance Achievement Scheme, 2013, Delhi Value Added Tax Act, 2004, Delhi Value Added Tax Act, 2004 with Section 107, Judges, Navin Sinha, Ranjan Gogoi

LEGAL ISSUE: Whether the Additional Commissioner, as the designated authority, had the power to issue a show cause notice under Clause 8 of the Delhi Tax Compliance Achievement Scheme, 2013. CASE TYPE: Tax Law, specifically concerning the Delhi Value Added Tax Act, 2004. Case Name: Commissioner of Trade and Taxes and Ors. vs. M/S Ahluwalia

Delhi Tax Amnesty Scheme: Supreme Court Clarifies Powers of Designated Authority in Tax Dispute Read Post »

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