Constitutional Law

Supreme Court Modifies Compensation Recovery Order in Custodial Death Case: Amol Vitthalrao Kadu vs. State of Maharashtra (2018) INSC 1000 (10 December 2018)

/ Constitutional Law, Constitutional Law with Article 21, Fundamental Rights, Judges, R. Subhash Reddy, Uday Umesh Lalit

Supreme Court Modifies Compensation Recovery Order in Custodial Death Case Date of the Judgment: 10 December 2018 Citation: (2018) INSC 1000 Judges: Uday Umesh Lalit, J. and R. Subhash Reddy, J. Can an investigating officer be immediately held liable to pay compensation in a case of custodial death, even before their liability is determined? The […]

Supreme Court Modifies Compensation Recovery Order in Custodial Death Case: Amol Vitthalrao Kadu vs. State of Maharashtra (2018) INSC 1000 (10 December 2018) Read Post »

Supreme Court overturns High Court order on contract employee reinstatement: APSRTC vs. M. Maruthi (2018)

/ Constitutional Law, Constitutional Law with Article 226, Contract Employees, Departmental Enquiry, Dhananjaya Y. Chandrachud, Judges, M.R. Shah, Reinstatement, Service Law

Supreme Court overturns High Court order on contract employee reinstatement: APSRTC vs. M. Maruthi (2018) LEGAL ISSUE: Whether a contract employee, dismissed after a departmental inquiry, is entitled to reinstatement with continuity of service based on a previous judgment concerning employees terminated without inquiry. CASE TYPE: Service Law Case Name: The Depot Manager, APSRTC vs.

Supreme Court overturns High Court order on contract employee reinstatement: APSRTC vs. M. Maruthi (2018) Read Post »

Supreme Court overturns High Court order on continuity of service for re-engaged contract employees: APSRTC vs. B. Venkataiah (2018)

/ Constitutional Law, Constitutional Law with Article 226, Contract Employees, Dhananjaya Y. Chandrachud, Disciplinary Proceedings, Judges, M.R. Shah, Regularization, Service Law

Supreme Court overturns High Court order on continuity of service for re-engaged contract employees: APSRTC vs. B. Venkataiah (2018) LEGAL ISSUE: Whether a re-engaged contract employee is entitled to continuity of service from the date of their initial termination until their re-engagement for the purpose of regularization, even if the termination was not challenged. CASE

Supreme Court overturns High Court order on continuity of service for re-engaged contract employees: APSRTC vs. B. Venkataiah (2018) Read Post »

Supreme Court overturns High Court order on reinstatement of employee after departmental enquiry: APSRTC vs. G. Kondal Rao (2018)

/ Constitutional Law, Constitutional Law with Article 226, Continuity of Service, Departmental Enquiry, Dhananjaya Y. Chandrachud, Judges, M.R. Shah, Reinstatement, Service Law

Supreme Court overturns High Court order on reinstatement of employee after departmental enquiry: APSRTC vs. G. Kondal Rao (2018) LEGAL ISSUE: Whether an employee can be reinstated with continuity of service after being terminated following a departmental enquiry that found them guilty of misconduct. CASE TYPE: Service Law Case Name: APSRTC & Ors. vs. G.

Supreme Court overturns High Court order on reinstatement of employee after departmental enquiry: APSRTC vs. G. Kondal Rao (2018) Read Post »

Supreme Court overturns High Court order on continuity of service for contract employees dismissed after inquiry: Depot Manager vs. S. Krishna (2018)

/ Constitutional Law, Constitutional Law with Article 226, Continuity of Service, Departmental Inquiry, Dhananjaya Y. Chandrachud, Judges, M.R. Shah, Service Law, Termination of Service

Supreme Court overturns High Court order on continuity of service for contract employees dismissed after inquiry: Depot Manager vs. S. Krishna (2018) LEGAL ISSUE: Whether a contract employee, dismissed after a departmental inquiry, is entitled to continuity of service upon re-engagement. CASE TYPE: Service Law Case Name: The Depot Manager & Ors. vs. Sri S.

Supreme Court overturns High Court order on continuity of service for contract employees dismissed after inquiry: Depot Manager vs. S. Krishna (2018) 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 »

Witness Protection Scheme Mandated Nationwide by Supreme Court: Mahender Chawla & Ors. vs. Union of India & Ors. (05 December 2018)

/ A.K. Sikri, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 273, Constitutional Law, Constitutional Law with Article 141, Constitutional Law with Article 21, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 195A, Judges, S. Abdul Nazeer

Supreme Court Mandates Witness Protection Scheme Nationwide Date of the Judgment: 05 December 2018 Citation: Not Available Judges: A.K. Sikri, J. and S. Abdul Nazeer, J. Can the criminal justice system function effectively when witnesses are afraid to testify? The Supreme Court of India, in a landmark judgment, addressed this critical question by mandating a

Witness Protection Scheme Mandated Nationwide by Supreme Court: Mahender Chawla & Ors. vs. Union of India & Ors. (05 December 2018) Read Post »

Supreme Court Upholds Conviction in Murder Case, Acquits Two Accused: Farida Begum vs. State of Uttarakhand (2018)

/ Constitutional Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, M. R. Shah, Mohan M. Shantanagoudar, N. V. Ramana, Offences Against Human Body

Supreme Court Upholds Conviction in Murder Case, Acquits Two Accused: Farida Begum vs. State of Uttarakhand (2018) LEGAL ISSUE: Whether the High Court was correct in upholding the conviction of the accused for murder and rioting. CASE TYPE: Criminal Case Name: Farida Begum vs. State of Uttarakhand [Judgment Date]: December 4, 2018 Introduction Date of

Supreme Court Upholds Conviction in Murder Case, Acquits Two Accused: Farida Begum vs. State of Uttarakhand (2018) Read Post »

Supreme Court Sets Aside High Court Order on Property Possession: Roshina T vs. Abdul Azeez K.T. (2018)

/ Abhay Manohar Sapre, Civil Law, Code of Civil Procedure, 1908, Constitutional Law, Constitutional Law with Article 226, Fundamental Rights, Indu Malhotra, Judges, Property Disputes

Supreme Court Sets Aside High Court Order on Property Possession: Roshina T vs. Abdul Azeez K.T. (2018) LEGAL ISSUE: Whether a writ petition under Article 226 of the Constitution of India is maintainable for resolving private property disputes. CASE TYPE: Civil Case Name: Roshina T vs. Abdul Azeez K.T. & Ors. Judgment Date: 03 December

Supreme Court Sets Aside High Court Order on Property Possession: Roshina T vs. Abdul Azeez K.T. (2018) Read Post »

Supreme Court Sets Aside Order for Not Hearing All Parties in Land Encroachment Case: Johra & Ors. vs. State of Haryana & Ors. (2018) INSC 1025 (03 December 2018)

/ Abhay Manohar Sapre, Civil Procedure, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 226, Indu Malhotra, Judges, Judicial Review, Natural Justice, Right to be Heard

Supreme Court Sets Aside Order for Not Hearing All Parties in Land Encroachment Case Date of the Judgment: 03 December 2018 Citation: (2018) INSC 1025 Judges: Abhay Manohar Sapre, J., Indu Malhotra, J. Can a court issue orders affecting parties without giving them a chance to be heard? The Supreme Court recently addressed this fundamental

Supreme Court Sets Aside Order for Not Hearing All Parties in Land Encroachment Case: Johra & Ors. vs. State of Haryana & Ors. (2018) INSC 1025 (03 December 2018) Read Post »

Supreme Court Upholds Termination of Illegal Appointments in Bihar Health Services

/ Appointments, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Deepak Gupta, Illegal Appointments, Judges, Madan B. Lokur, Regularization, S. Abdul Nazeer, Service Law

Supreme Court Upholds Termination of Illegal Appointments in Bihar Health Services LEGAL ISSUE: Whether employees appointed illegally, without following due process, can claim regularization based on long service. CASE TYPE: Service Law Case Name: The State of Bihar and Ors. vs. Kirti Narayan Prasad [Judgment Date]: 30 November 2018 Introduction Date of the Judgment: 30

Supreme Court Upholds Termination of Illegal Appointments in Bihar Health Services Read Post »

Supreme Court Revisits Textile Nationalization Act: Union of India vs. Nareshkumar Badrikumar Jagad (28 November 2018)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Validation Act 2014, Judges, Kurian Joseph, Retrospective Legislation, The Textile Undertakings (Nationalisation) Act, 1995, The Textile Undertakings (Nationalisation) Act, 1995 with Section 3(1), The Textile Undertakings (Nationalisation) Laws (Amendment and Validation) Act, 2014

Supreme Court Revisits Textile Nationalization Act: Union of India vs. Nareshkumar Badrikumar Jagad (2018) LEGAL ISSUE: Interpretation of the Textile Undertakings (Nationalisation) Act, 1995 and its amendments regarding vesting of leasehold rights. CASE TYPE: Civil Appellate (Review Petition) Case Name: Union of India vs. Nareshkumar Badrikumar Jagad & Ors. Judgment Date: 28 November 2018 Date

Supreme Court Revisits Textile Nationalization Act: Union of India vs. Nareshkumar Badrikumar Jagad (28 November 2018) Read Post »

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