Constitutional Law

Supreme Court clarifies procedure for surrender of convicts in criminal appeals: Sanjit Saha & Anr. vs. The State of West Bengal (2023) INSC 1085 (09 October 2023)

/ Constitutional Law, Constitutional Law with Article 21, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 376(2)(g), Supreme Court Rules, Supreme Court Rules with Order V Rule 2(35), Supreme Court Rules with Order XXII Rule 5

Supreme Court Addresses Surrender of Convicts in Criminal Appeals Date of the Judgment: 09 October 2023 Citation: (2023) INSC 1085 Judges: K.V. Viswanathan, J. Can a criminal appeal be dismissed if the convict has surrendered, but the proof of surrender is not filed due to a communication gap? The Supreme Court of India recently addressed […]

Supreme Court clarifies procedure for surrender of convicts in criminal appeals: Sanjit Saha & Anr. vs. The State of West Bengal (2023) INSC 1085 (09 October 2023) Read Post »

Supreme Court settles the status of RERA decree holders under IBC: Vishal Chelani & Ors. vs. Debashis Nanda (2023) INSC 913 (06 October 2023)

/ Constitutional Law, Constitutional Law with Article 14, Financial Creditor, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238, Insolvency and Bankruptcy Code, 2016 with Section 5(8), Real Estate (Regulation and Development) Act, 2016, Real Estate (Regulation and Development) Act, 2016 with Section 18, Real Estate Allottee

Supreme Court Rules RERA Decree Holders are Financial Creditors under IBC Date of the Judgment: 06 October 2023 Citation: (2023) INSC 913 Judges: S. Ravindra Bhat, J., and Aravind Kumar, J. Can a homebuyer who has obtained a decree from the Real Estate Regulatory Authority (RERA) be treated differently from other homebuyers under the Insolvency

Supreme Court settles the status of RERA decree holders under IBC: Vishal Chelani & Ors. vs. Debashis Nanda (2023) INSC 913 (06 October 2023) Read Post »

Supreme Court Upholds Eviction of Tenant Under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949

/ Constitutional Law, Constitutional Law with Article 136, East Punjab Urban Rent Restriction Act, 1949, East Punjab Urban Rent Restriction Act, 1949 with Section 13-B, East Punjab Urban Rent Restriction Act, 1949 with Section 18-A, Rent Control

Supreme Court Upholds Eviction of Tenant Under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 LEGAL ISSUE: Whether a Non-Resident Indian (NRI) landlord can evict a tenant under the summary procedure of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949, when the landlord’s family members own other shops in

Supreme Court Upholds Eviction of Tenant Under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 Read Post »

Supreme Court Upholds Eviction of Tenant Under Section 13-B of the East Punjab Urban Rent Restriction Act: Shanta Rani vs. Nasib Kaur (2023) INSC 874 (October 5, 2023)

/ Constitutional Law, Constitutional Law with Article 136, East Punjab Urban Rent Restriction Act, 1949, East Punjab Urban Rent Restriction Act, 1949 with Section 13, East Punjab Urban Rent Restriction Act, 1949 with Section 13-B, Eviction of Tenants

Supreme Court Upholds Eviction of Tenant Under Section 13-B of the East Punjab Urban Rent Restriction Act: Shanta Rani vs. Nasib Kaur (2023) INSC 874 (October 5, 2023) LEGAL ISSUE: Whether a Non-Resident Indian (NRI) landlord can seek eviction of a tenant under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 for

Supreme Court Upholds Eviction of Tenant Under Section 13-B of the East Punjab Urban Rent Restriction Act: Shanta Rani vs. Nasib Kaur (2023) INSC 874 (October 5, 2023) Read Post »

Supreme Court Dismisses Application for Sale Certificate in SARFAESI Act Case: Union Bank of India vs. Rajat Infrastructure (2023)

/ Civil Procedure Code, Civil Procedure Code with Section 148, Constitutional Law, Constitutional Law with Article 142, SARFAESI Act, 2002, SARFAESI Act, 2002 with Rule 9, Security Interest (Enforcement) Rules, 2002

Supreme Court Dismisses Application for Sale Certificate in SARFAESI Act Case: Union Bank of India vs. Rajat Infrastructure (2023) Date of the Judgment: 04 October 2023 Citation: 2023 INSC 869 Judges: Aniruddha Bose, J., Bela M. Trivedi, J. (authored the judgment) Can a court extend the deadline for payment in a property auction under the

Supreme Court Dismisses Application for Sale Certificate in SARFAESI Act Case: Union Bank of India vs. Rajat Infrastructure (2023) Read Post »

Supreme Court Allows Delayed Written Statements in Commercial Suit: Aditya Khaitan vs. IL&FS (2023)

/ Civil Procedure, Civil Procedure with Order 8 Rule 1, Code of Civil Procedure, 1908, Commercial Courts Act, 2015, Commercial Law, Commercial Law with Section 16, Constitutional Law, Constitutional Law with Article 142

Supreme Court Allows Delayed Written Statements in Commercial Suit: Aditya Khaitan vs. IL&FS (2023) LEGAL ISSUE: Whether the Supreme Court’s orders extending limitation during the COVID-19 pandemic apply to the period for filing written statements in commercial suits, even when the initial period had expired before the extension orders. CASE TYPE: Commercial Suit, Civil Procedure

Supreme Court Allows Delayed Written Statements in Commercial Suit: Aditya Khaitan vs. IL&FS (2023) Read Post »

Supreme Court Upholds Terminal Tax in Scheduled Areas: South Eastern Coalfields Ltd vs. State of Madhya Pradesh (21 September 2023)

/ Constitutional Law, Constitutional Law with Article 243-ZC, Constitutional Law with Article 244, Madhya Pradesh Municipal Corporation Act 1956, Madhya Pradesh Municipalities Act 1961, Municipal Law, Municipal Law with Section 132, Scheduled Areas, Taxation Law, Terminal Tax

Supreme Court Upholds Terminal Tax in Scheduled Areas: South Eastern Coalfields Ltd vs. State of Madhya Pradesh (2023) Date of the Judgment: 21 September 2023 Citation: 2023 INSC 865 Judges: Dr. Dhananjaya Y Chandrachud, CJI, J.B. Pardiwala, J., Manoj Misra, J. Can a municipal body impose a terminal tax on goods exported from a Scheduled

Supreme Court Upholds Terminal Tax in Scheduled Areas: South Eastern Coalfields Ltd vs. State of Madhya Pradesh (21 September 2023) Read Post »

Supreme Court Grants Continuity of Service to Substitute Teacher: Samir Kumar Majumder vs. Union of India (20 September 2023)

/ Constitutional Law, Constitutional Law with Article 14, Continuity of Service, Regularization of Service, Service Law, Service Law with Master Circular dated 29.01.1991

Supreme Court Grants Continuity of Service to Substitute Teacher: Samir Kumar Majumder vs. Union of India (2023) LEGAL ISSUE: Whether a substitute teacher is entitled to continuity of service upon absorption into a regular position, based on the date of acquiring temporary status. CASE TYPE: Service Law Case Name: Samir Kumar Majumder vs. The Union

Supreme Court Grants Continuity of Service to Substitute Teacher: Samir Kumar Majumder vs. Union of India (20 September 2023) Read Post »

Supreme Court to Reconsider Immunity of MPs in Bribery Cases: Sita Soren vs. Union of India (2023)

/ Constitutional Law, Constitutional Law with Article 105(2), Constitutional Law with Article 194(2), Criminal Law, Criminal Law with Prevention of Corruption Act 1988, Legislative Immunity, Prevention of Corruption Act, 1988

Supreme Court to Reconsider Immunity of MPs in Bribery Cases: Sita Soren vs. Union of India (2023) LEGAL ISSUE: Whether Members of Parliament and State Legislatures have immunity from criminal prosecution for bribery in connection with their votes or speeches in the House. CASE TYPE: Criminal Law, Constitutional Law Case Name: Sita Soren vs. Union

Supreme Court to Reconsider Immunity of MPs in Bribery Cases: Sita Soren vs. Union of India (2023) Read Post »

Police Media Briefings in Criminal Investigations: Supreme Court Directs Comprehensive Guidelines (2023)

/ Constitutional Law, Constitutional Law with Article 19(1)(a), Constitutional Law with Article 21, Criminal Procedure Code, 1973, Criminal Procedure Code, 1973 with Section 327, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 228-A, Juvenile Justice Act, 2015, Juvenile Justice Act, 2015 with Section 74, Right to Information Act, 2005, Right to Information Act, 2005 with Sections 8(1)(g) & (h) and 8(2)

Supreme Court Directs Guidelines for Police Media Briefings in Criminal Investigations LEGAL ISSUE: Guidelines for police media briefings during criminal investigations. CASE TYPE: Criminal Procedure/Public Interest Litigation Case Name: People’s Union for Civil Liberties & Anr. vs. The State of Maharashtra & Ors. Judgment Date: 13 September 2023 Introduction Date of the Judgment: 13 September

Police Media Briefings in Criminal Investigations: Supreme Court Directs Comprehensive Guidelines (2023) Read Post »

Supreme Court Acquits Accused in Rioting Case Citing Lack of Reliable Evidence: Javed Shaukat Ali Qureshi vs. State of Gujarat (2023)

/ Constitutional Law, Constitutional Law with Article 136, Constitutional Law with Article 21, Fundamental Rights, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 134, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 396, Offences Against Human Body

Supreme Court Acquits Accused in Rioting Case Citing Lack of Reliable Evidence: Javed Shaukat Ali Qureshi vs. State of Gujarat (2023) LEGAL ISSUE: Whether the conviction of an accused can be sustained based on the sole testimony of a witness who identifies the accused for the first time in court, after a significant time lapse,

Supreme Court Acquits Accused in Rioting Case Citing Lack of Reliable Evidence: Javed Shaukat Ali Qureshi vs. State of Gujarat (2023) Read Post »

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