Constitutional Law with Article 226

Supreme Court Rules on Child Custody in International Disputes: Vasudha Sethi vs. Kiran V. Bhaskar (2022)

Supreme Court Rules on Child Custody in International Disputes: Vasudha Sethi vs. Kiran V. Bhaskar (2022) Date of the Judgment: 12 January 2022 Citation: 2022 INSC 40 Judges: Hon’ble Justices Abhay S. Oka and Ajay Rastogi Can a parent’s right to autonomy outweigh the child’s best interests in an international custody battle? The Supreme Court […]

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Supreme Court Upholds SARFAESI Act: Phoenix ARC Wins Against Vishwa Bharati Vidya Mandir (2022)

Supreme Court Upholds SARFAESI Act: Phoenix ARC Wins Against Vishwa Bharati Vidya Mandir (2022) LEGAL ISSUE: Maintainability of writ petitions against private Asset Reconstruction Companies (ARCs) under Article 226 of the Constitution of India concerning actions under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). CASE TYPE:

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Supreme Court Upholds SARFAESI Act: Phoenix ARC Prevails Over Borrowers in Loan Recovery Dispute (12 January 2022)

Supreme Court Upholds SARFAESI Act: Phoenix ARC Prevails Over Borrowers in Loan Recovery Dispute LEGAL ISSUE: Maintainability of writ petitions against private Asset Reconstruction Companies (ARCs) in matters related to the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act. CASE TYPE: Securitisation and Asset Reconstruction Law Case Name: Phoenix ARC

Supreme Court Upholds SARFAESI Act: Phoenix ARC Prevails Over Borrowers in Loan Recovery Dispute (12 January 2022) Read Post »

Supreme Court Upholds SARFAESI Act: Phoenix ARC Wins Against Vishwa Bharati Vidya Mandir (12 January 2022)

Supreme Court Upholds SARFAESI Act: Phoenix ARC Wins Against Vishwa Bharati Vidya Mandir LEGAL ISSUE: Whether a writ petition under Article 226 of the Constitution of India is maintainable against a private Asset Reconstruction Company (ARC) regarding actions under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).

Supreme Court Upholds SARFAESI Act: Phoenix ARC Wins Against Vishwa Bharati Vidya Mandir (12 January 2022) Read Post »

Supreme Court Denies Pension Parity for WALMI Employees: State of Maharashtra vs. Bhagwan (2022)

Supreme Court Denies Pension Parity for WALMI Employees: State of Maharashtra vs. Bhagwan (2022) LEGAL ISSUE: Whether employees of an autonomous body are entitled to pensionary benefits on par with state government employees. CASE TYPE: Service Law. Case Name: The State of Maharashtra & Anr. vs. Bhagwan & Ors. [Judgment Date]: 10 January 2022 Introduction

Supreme Court Denies Pension Parity for WALMI Employees: State of Maharashtra vs. Bhagwan (2022) Read Post »

Supreme Court Allows Withdrawal of Petitions on NCCF’s Status as ‘State’ in Service Law Matters (07 January 2022)

Supreme Court Allows Withdrawal of Petitions on NCCF’s Status as ‘State’ LEGAL ISSUE: Whether the National Co-operative Consumers’ Federation of India Limited (NCCF) is a ‘State’ under Article 12 of the Constitution of India and thus subject to writ jurisdiction. CASE TYPE: Service Law Case Name: N.C.C.F. Employees Union (Regd)(Recognized) & Anr. vs. Union of

Supreme Court Allows Withdrawal of Petitions on NCCF’s Status as ‘State’ in Service Law Matters (07 January 2022) Read Post »

Jurisdiction of High Court in Transfer of Cases: Supreme Court clarifies in Union of India vs. Alapan Bandyopadhyay (2022) INSC 1 (06 January 2022)

Jurisdiction of High Court in Transfer of Cases: Union of India vs. Alapan Bandyopadhyay (2022) INSC 1 Date of the Judgment: 06 January 2022 Citation: (2022) INSC 1 Judges: A.M. Khanwilkar, J., C.T. Ravikumar, J. Can the High Court exercise power of judicial review over an order of transfer of an Original Application by the

Jurisdiction of High Court in Transfer of Cases: Supreme Court clarifies in Union of India vs. Alapan Bandyopadhyay (2022) INSC 1 (06 January 2022) Read Post »

Supreme Court clarifies jurisdiction in transfer of cases under Administrative Tribunals Act: Union of India vs. Alapan Bandyopadhyay (2022) INSC 182

Supreme Court clarifies jurisdiction in transfer of cases under Administrative Tribunals Act: Union of India vs. Alapan Bandyopadhyay (2022) INSC 182 LEGAL ISSUE: Determining the jurisdictional High Court for reviewing orders of transfer of cases by the Central Administrative Tribunal. CASE TYPE: Service Law, Administrative Law. Case Name: Union of India vs. Alapan Bandyopadhyay. Judgment

Supreme Court clarifies jurisdiction in transfer of cases under Administrative Tribunals Act: Union of India vs. Alapan Bandyopadhyay (2022) INSC 182 Read Post »

Supreme Court Clarifies Jurisdiction for Challenging Tribunal Transfer Orders: Union of India vs. Alapan Bandyopadhyay (2022)

Supreme Court Clarifies Jurisdiction for Challenging Tribunal Transfer Orders: Union of India vs. Alapan Bandyopadhyay (2022) LEGAL ISSUE: Determining the correct High Court jurisdiction for judicial review of Central Administrative Tribunal (CAT) transfer orders. CASE TYPE: Service Law, Administrative Law Case Name: Union of India vs. Alapan Bandyopadhyay Judgment Date: 06 January 2022 Date of

Supreme Court Clarifies Jurisdiction for Challenging Tribunal Transfer Orders: Union of India vs. Alapan Bandyopadhyay (2022) Read Post »

Supreme Court Upholds State’s Right to Fresh Assessment After Remand: State of Andhra Pradesh vs. S. Pitchi Reddy (2022)

Supreme Court Upholds State’s Right to Fresh Assessment After Remand: State of Andhra Pradesh vs. S. Pitchi Reddy (2022) LEGAL ISSUE: Whether an Assessing Officer can pass a fresh assessment order after a remand by the First Appellate Authority, while a suo moto revision against the remand order is pending before the Commissioner of Commercial

Supreme Court Upholds State’s Right to Fresh Assessment After Remand: State of Andhra Pradesh vs. S. Pitchi Reddy (2022) Read Post »

Supreme Court Upholds Assessment Orders: State of Andhra Pradesh vs. S. Pitchi Reddy (2022)

Supreme Court Upholds Assessment Orders: State of Andhra Pradesh vs. S. Pitchi Reddy (2022) LEGAL ISSUE: Whether the High Court can entertain a writ petition against a fresh assessment order when an alternative remedy of appeal is available and when suo moto revisional proceedings are pending. CASE TYPE: Tax Law, specifically related to assessment orders

Supreme Court Upholds Assessment Orders: State of Andhra Pradesh vs. S. Pitchi Reddy (2022) Read Post »

Supreme Court Clarifies One Time Settlement (OTS) Eligibility for Loan Defaulters: Bijnor Urban Cooperative Bank vs. Meenal Agarwal (2021)

Supreme Court Clarifies One Time Settlement (OTS) Eligibility for Loan Defaulters: Bijnor Urban Cooperative Bank vs. Meenal Agarwal (2021) LEGAL ISSUE: Whether a borrower can claim One Time Settlement (OTS) as a matter of right and whether High Courts can issue a writ of mandamus to direct banks to grant OTS benefits. CASE TYPE: Banking

Supreme Court Clarifies One Time Settlement (OTS) Eligibility for Loan Defaulters: Bijnor Urban Cooperative Bank vs. Meenal Agarwal (2021) Read Post »

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