Constitutional Law with Article 226

Supreme Court Upholds Auction Sale, Rejects Agreement Holder’s Claim in SARFAESI Case: G. Vikram Kumar vs. State Bank of Hyderabad (2 May 2023)

/ C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 226, Judges, M.R. Shah, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 with Section 13, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 with Section 17, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 54, Transfer of Property Act, 1882 with Section 91

Supreme Court Upholds Auction Sale, Rejects Agreement Holder’s Claim in SARFAESI Case LEGAL ISSUE: Whether an agreement to sale holder can challenge an auction notice under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and claim rights over the property. CASE TYPE: Securitisation and Debt Recovery Case […]

Supreme Court Upholds Auction Sale, Rejects Agreement Holder’s Claim in SARFAESI Case: G. Vikram Kumar vs. State Bank of Hyderabad (2 May 2023) Read Post »

Supreme Court overturns High Court order on land lease: Gwalior Development Authority vs. Bhanu Pratap Singh (2023)

/ Ajay Rastogi, Bela M. Trivedi, Constitutional Law, Constitutional Law with Article 226, Judges, Registration Act, 1908, Registration Act, 1908 with Section 17

Supreme Court overturns High Court order on land lease: Gwalior Development Authority vs. Bhanu Pratap Singh (2023) LEGAL ISSUE: Whether a High Court can direct the execution of a lease deed for additional land, after a prior lease deed for a portion of the land was executed without any demur, in a commercial transaction. CASE

Supreme Court overturns High Court order on land lease: Gwalior Development Authority vs. Bhanu Pratap Singh (2023) Read Post »

Supreme Court overturns High Court order on land lease: Gwalior Development Authority vs. Bhanu Pratap Singh (2023)

/ Ajay Rastogi, Bela M. Trivedi, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 226, Judges, Registration Act, 1908, Registration Act, 1908 with Section 17

Supreme Court overturns High Court order on land lease: Gwalior Development Authority vs. Bhanu Pratap Singh (2023) LEGAL ISSUE: Whether a High Court can direct the execution of a lease deed for additional land without consideration, after a lease deed for a portion of the land has been executed without protest by both parties. CASE

Supreme Court overturns High Court order on land lease: Gwalior Development Authority vs. Bhanu Pratap Singh (2023) Read Post »

Supreme Court Restricts High Court Interference in SARFAESI Act Cases: South Indian Bank Ltd. vs. Naveen Mathew Philip (2023)

/ Constitutional Law, Constitutional Law with Article 226, Judges, M.M. Sundresh, Sanjiv Khanna, SARFAESI Act, 2002, SARFAESI Act, 2002 with Section 13, SARFAESI Act, 2002 with Section 17

Supreme Court Restricts High Court Interference in SARFAESI Act Cases: South Indian Bank Ltd. vs. Naveen Mathew Philip (2023) LEGAL ISSUE: Whether High Courts can interfere in matters under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) when an effective alternative remedy is available. CASE TYPE: Banking/Financial

Supreme Court Restricts High Court Interference in SARFAESI Act Cases: South Indian Bank Ltd. vs. Naveen Mathew Philip (2023) Read Post »

Supreme Court Restricts High Court Interference in SARFAESI Act Cases: South Indian Bank Ltd. vs. Naveen Mathew Philip (2023)

/ Constitutional Law, Constitutional Law with Article 226, Debt Recovery Tribunal, Judges, M.M. Sundresh, Sanjiv Khanna, SARFAESI Act, 2002, Section 13(2), Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4), Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Writ Jurisdiction

Supreme Court Restricts High Court Interference in SARFAESI Act Cases: South Indian Bank Ltd. vs. Naveen Mathew Philip (2023) LEGAL ISSUE: Whether High Courts can interfere in matters related to the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) when an effective alternative remedy is available. CASE TYPE:

Supreme Court Restricts High Court Interference in SARFAESI Act Cases: South Indian Bank Ltd. vs. Naveen Mathew Philip (2023) Read Post »

Supreme Court Quashes BSF Commandant’s Conviction in Acetic Anhydride Case: B.S. Hari vs. Union of India (2023)

/ Ahsanuddin Amanullah, Border Security Force Act, 1968, Border Security Force Act, 1968 with Section 40, Border Security Force Act, 1968 with Section 46, Border Security Force Act, 1968 with Section 75, Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 227, Judges, Krishna Murari, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 25, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 59(3), Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 9A

Supreme Court Quashes BSF Commandant’s Conviction in Acetic Anhydride Case LEGAL ISSUE: Whether a BSF Commandant can be convicted based solely on the statement of a subordinate, and whether the punishment was proportionate to the alleged offense. CASE TYPE: Criminal Appeal Case Name: B.S. Hari Commandant vs. Union of India & Ors. Judgment Date: 13

Supreme Court Quashes BSF Commandant’s Conviction in Acetic Anhydride Case: B.S. Hari vs. Union of India (2023) Read Post »

Supreme Court quashes BSF Commandant’s conviction in NDPS case: B.S. Hari vs. Union of India (2023)

/ Ahsanuddin Amanullah, Border Security Force Act, 1968, Border Security Force Act, 1968 with Section 40, Border Security Force Act, 1968 with Section 46, Constitutional Law, Constitutional Law with Article 226, Judges, Krishna Murari, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 25, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 9A

Supreme Court quashes BSF Commandant’s conviction in NDPS case: B.S. Hari vs. Union of India (2023) LEGAL ISSUE: Whether a Border Security Force (BSF) Commandant can be convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) based solely on the statement of a subordinate, and whether the punishment was proportionate to the

Supreme Court quashes BSF Commandant’s conviction in NDPS case: B.S. Hari vs. Union of India (2023) Read Post »

Supreme Court Settles Arbitrability of Disputes After Settlement Agreement in NTPC vs. SPML Case (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 11(6A), Constitutional Law, Constitutional Law with Article 226, Dhananjaya Y Chandrachud, Judges, Pamidighantam Sri Narasimha, Section 11, Arbitration and Conciliation Act, 1996

Supreme Court Settles Arbitrability of Disputes After Settlement Agreement in NTPC vs. SPML Case (2023) LEGAL ISSUE: Whether a dispute can be referred to arbitration after a settlement agreement has been reached and implemented by the parties. CASE TYPE: Arbitration Law Case Name: NTPC Ltd. vs. M/S SPML Infra Ltd. Judgment Date: 10 April 2023

Supreme Court Settles Arbitrability of Disputes After Settlement Agreement in NTPC vs. SPML Case (2023) Read Post »

Territorial Jurisdiction of High Courts: Supreme Court refers the matter to a Larger Bench in Service Law Dispute (2023)

/ Administrative Tribunals Act, 1985, Administrative Tribunals Act, 1985 with Section 25, B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 226(2), Judges, M.R. Shah

Supreme Court refers the issue of High Court’s territorial jurisdiction to a Larger Bench in Union of India vs. Sanjiv Chaturvedi & Ors. (2023) LEGAL ISSUE: The core legal issue revolves around the territorial jurisdiction of High Courts to hear writ petitions challenging orders of the Central Administrative Tribunal (CAT), particularly when the CAT’s Principal

Territorial Jurisdiction of High Courts: Supreme Court refers the matter to a Larger Bench in Service Law Dispute (2023) Read Post »

Supreme Court Refuses CBI Probe in NDPS Case, Upholds Trial Court Proceedings

/ A.S. Bopanna, Ahsanuddin Amanullah, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 227, Constitutional Law, Constitutional Law with Article 226, Judges, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 22, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 29

Supreme Court Refuses CBI Probe in NDPS Case, Upholds Trial Court Proceedings LEGAL ISSUE: Whether a case warrants investigation by the Central Bureau of Investigation (CBI) based on allegations of illegal detention and a foisted case under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). CASE TYPE: Criminal Law, NDPS Act Case Name:

Supreme Court Refuses CBI Probe in NDPS Case, Upholds Trial Court Proceedings Read Post »

Supreme Court settles pensionable service calculation after resignation withdrawal in service law: Bhartiben Chandrakantbhai Thakor vs. State of Gujarat (27 February 2023)

/ Constitutional Law, Constitutional Law with Article 226, Dhananjaya Y Chandrachud, J B Pardiwala, Judges, Pamidighantam Sri Narasimha, Pensionable Service, Service Law, Service Law with Resignation

Supreme Court Rules on Pensionable Service After Resignation Withdrawal: Bhartiben Chandrakantbhai Thakor vs. State of Gujarat (2023) Date of the Judgment: 27 February 2023 Citation: Civil Appeal No 24 of 2013 Judges: Dr Dhananjaya Y Chandrachud, CJI, Pamidighantam Sri Narasimha, J, J B Pardiwala, J. Can a government employee be denied full pension benefits if

Supreme Court settles pensionable service calculation after resignation withdrawal in service law: Bhartiben Chandrakantbhai Thakor vs. State of Gujarat (27 February 2023) Read Post »

Supreme Court Orders Further Investigation in Assault Case Involving Minister: Anant Thanur Karmuse vs. State of Maharashtra (24 February 2023)

/ C.T. Ravikumar, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 173, Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 32, Further Investigation, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 326, Indian Penal Code, 1860 with Section 367, Judges, M.R. Shah

Supreme Court Orders Further Investigation in Assault Case Involving Minister: Anant Thanur Karmuse vs. State of Maharashtra (2023) LEGAL ISSUE: Whether a High Court can deny further investigation in a criminal case where the initial investigation was allegedly biased and incomplete, even after a charge sheet has been filed and charges have been framed. CASE

Supreme Court Orders Further Investigation in Assault Case Involving Minister: Anant Thanur Karmuse vs. State of Maharashtra (24 February 2023) Read Post »

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