Constitutional Law

Supreme Court clarifies Double Jeopardy in Corruption Cases: State of Mizoram vs. Dr. C. Sangnghina (2018)

Supreme Court Clarifies Double Jeopardy in Corruption Cases: State of Mizoram vs. Dr. C. Sangnghina (2018) Date of the Judgment: 30 October 2018 Citation: [Not Available in Source] Judges: R. Banumathi, J., Indira Banerjee, J. Can a fresh charge sheet be filed against a public servant after an earlier discharge due to an invalid sanction? […]

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Supreme Court Enforces Arbitration Clause in Bill of Lading: Caravel Shipping vs. Premier Sea Foods (2018)

Supreme Court Enforces Arbitration Clause in Bill of Lading: Caravel Shipping vs. Premier Sea Foods (2018) Date of the Judgment: October 29, 2018 Citation: (2018) INSC 968 Judges: R.F. Nariman, J. and Navin Sinha, J. Can a party be bound by an arbitration clause in a Bill of Lading, even if the clause is in

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Compassionate Appointment: Supreme Court Invokes Article 142 in Vinod Kumar Singh vs. State of Uttar Pradesh (29 October 2018)

Compassionate Appointment: Supreme Court Invokes Article 142 in Vinod Kumar Singh vs. State of Uttar Pradesh (2018) LEGAL ISSUE: Whether the Supreme Court can invoke its plenary powers under Article 142 of the Constitution of India to grant compassionate appointment in a specific case, despite prior dismissals. CASE TYPE: Service Law Case Name: Vinod Kumar

Compassionate Appointment: Supreme Court Invokes Article 142 in Vinod Kumar Singh vs. State of Uttar Pradesh (29 October 2018) Read Post »

Supreme Court settles property dispute under Article 142: Vasudevan Embanthiri vs. Gopalakrishnan (2018)

Supreme Court settles property dispute under Article 142: Vasudevan Embanthiri vs. Gopalakrishnan (2018) Date of the Judgment: October 25, 2018 Citation: Not Available in source Judges: Kurian Joseph, J. and A.M. Khanwilkar, J. Can a decades-long property dispute be resolved through the intervention of the Supreme Court, even against the wishes of one party? The

Supreme Court settles property dispute under Article 142: Vasudevan Embanthiri vs. Gopalakrishnan (2018) Read Post »

Supreme Court quashes promotion of Executive Engineer: Ajit Kr. Bhuyan vs. Debajit Das (23 October 2018)

Supreme Court quashes promotion of Executive Engineer: Ajit Kr. Bhuyan vs. Debajit Das (2018) LEGAL ISSUE: Whether the promotion of a government employee to an ex-cadre post and subsequent encadrement was illegal and whether delay and laches should prevent a challenge to such a promotion. CASE TYPE: Service Law Case Name: Ajit Kr. Bhuyan and

Supreme Court quashes promotion of Executive Engineer: Ajit Kr. Bhuyan vs. Debajit Das (23 October 2018) Read Post »

Supreme Court Regulates Firecracker Sales to Curb Pollution: Arjun Gopal vs. Union of India (23 October 2018)

Supreme Court Regulates Firecracker Sales to Curb Pollution: Arjun Gopal vs. Union of India (2018) LEGAL ISSUE: Balancing the right to a healthy environment with the right to trade and religious practices during festivals, specifically concerning the use of firecrackers. CASE TYPE: Public Interest Litigation (Environmental Law) Case Name: Arjun Gopal and Others vs. Union

Supreme Court Regulates Firecracker Sales to Curb Pollution: Arjun Gopal vs. Union of India (23 October 2018) Read Post »

Supreme Court on Fair Consideration in State Largesse Disposal: Powai Panchsheel Co-op Hsg. Society vs. MHADA (2018)

Supreme Court on Fair Consideration in State Largesse Disposal: Powai Panchsheel Co-op Hsg. Society vs. MHADA (2018) Date of the Judgment: October 12, 2018 Citation: Powai Panchsheel Co-op Hsg. Society & Anr. vs. Maharashtra Housing Area Development Authority (MHADA) & Ors. Civil Appeal No. 7608 of 2009, (2018) INSC 944 Judges: Abhay Manohar Sapre, J.,

Supreme Court on Fair Consideration in State Largesse Disposal: Powai Panchsheel Co-op Hsg. Society vs. MHADA (2018) Read Post »

Supreme Court Upholds Time Limit for Input Tax Credit Claims Under Tamil Nadu VAT Act

Supreme Court Upholds Section 19(11) of Tamil Nadu VAT Act: Input Tax Credit Claims (2018) Date of the Judgment: October 12, 2018 Citation: (2018) INSC 967 Judges: A.K. Sikri, J., Ashok Bhushan, J. Can a registered dealer claim Input Tax Credit (ITC) under the Tamil Nadu Value Added Tax Act, 2006, even if the claim

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Victim’s Right to Appeal: Supreme Court Clarifies Scope of Section 372 CrPC in Acquittal Cases (2018)

Victim’s Right to Appeal: Supreme Court Clarifies Scope of Section 372 CrPC LEGAL ISSUE: Whether a victim has a right to appeal against an acquittal order and whether leave to appeal is required. CASE TYPE: Criminal Law Case Name: Mallikarjun Kodagali (Dead) represented through Legal Representatives vs. State of Karnataka & Ors. [Judgment Date]: 12

Victim’s Right to Appeal: Supreme Court Clarifies Scope of Section 372 CrPC in Acquittal Cases (2018) Read Post »

Supreme Court clarifies Input Tax Credit eligibility under Tamil Nadu VAT Act for Inter-State sales: TVS Motor Company Ltd. vs. The State of Tamil Nadu (2018) INSC 901 (12 October 2018)

TVS Motor Company Ltd. vs. The State of Tamil Nadu: Supreme Court on Input Tax Credit LEGAL ISSUE: Whether Section 19(5)(c) of the Tamil Nadu Value Added Tax Act, 2006 and Rule 10(9)(a) of the Tamil Nadu Value Added Tax Rules, 2007 are unconstitutional and violate the Central Sales Tax Act. CASE TYPE: Tax Law

Supreme Court clarifies Input Tax Credit eligibility under Tamil Nadu VAT Act for Inter-State sales: TVS Motor Company Ltd. vs. The State of Tamil Nadu (2018) INSC 901 (12 October 2018) Read Post »

Supreme Court Upholds GST Compensation Cess Act: Union of India vs. Hind Energy and Coal Benefication (2018)

Supreme Court Upholds GST Compensation Cess Act: Union of India vs. Hind Energy and Coal Benefication (2018) LEGAL ISSUE: Whether the Goods and Services Tax (Compensation to States) Act, 2017 is constitutionally valid and within the legislative competence of the Parliament. CASE TYPE: Tax Law, Constitutional Law Case Name: Union of India & Anr. vs.

Supreme Court Upholds GST Compensation Cess Act: Union of India vs. Hind Energy and Coal Benefication (2018) Read Post »

Supreme Court settles Bifurcation of Lower Judiciary Post Andhra Pradesh Reorganisation Act, 2014 (03 October 2018)

Supreme Court Settles Bifurcation of Lower Judiciary Post Andhra Pradesh Reorganisation Act, 2014 LEGAL ISSUE: Bifurcation of the lower judiciary between the newly formed states of Telangana and Andhra Pradesh. CASE TYPE: Constitutional Law, Service Law Case Name: Telangana Judges Association & Anr. vs. Union of India & Ors. with State of Telangana & Anr.

Supreme Court settles Bifurcation of Lower Judiciary Post Andhra Pradesh Reorganisation Act, 2014 (03 October 2018) Read Post »

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