Constitutional Law

Supreme Court Clarifies Amenity TDR Entitlement in Land Acquisition Cases: Godrej & Boyce vs. MCGM (2023)

/ Constitutional Law, Constitutional Law with Article 300A, Development Control Regulations for Greater Mumbai, Judges, Maharashtra Regional and Town Planning Act, 1966, Maharashtra Regional and Town Planning Act, 1966 with Section 126, Maharashtra Regional and Town Planning Act, 1966 with Section 2, Pankaj Mithal, V. Ramasubramanian

Supreme Court Clarifies Amenity TDR Entitlement in Land Acquisition Cases: Godrej & Boyce vs. MCGM (2023) LEGAL ISSUE: Whether a landowner is entitled to additional Transferable Development Rights (TDR) for developing a recreational ground on surrendered land. CASE TYPE: Land Acquisition/Town Planning Case Name: Godrej and Boyce Manufacturing Company Limited vs. The Municipal Corporation of […]

Supreme Court Clarifies Amenity TDR Entitlement in Land Acquisition Cases: Godrej & Boyce vs. MCGM (2023) Read Post »

Supreme Court Upholds Election: Failure to Disclose Spouse’s Foreign Income Not Material Defect in Election Law (04 May 2023)

/ Ajay Rastogi, Bela M. Trivedi, Constitutional Law, Constitutional Law with Article 324, Judges, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 33, Section 100, Representation of the People Act, 1951, Section 83, Representation of the People Act, 1951

Supreme Court Upholds Election: Failure to Disclose Spouse’s Foreign Income Not Material Defect Date of the Judgment: 04 May 2023 Citation: 2023 INSC 419 Judges: Justice Ajay Rastogi and Justice Bela M. Trivedi Can an election be invalidated because a candidate did not disclose their spouse’s foreign income tax details? The Supreme Court of India

Supreme Court Upholds Election: Failure to Disclose Spouse’s Foreign Income Not Material Defect in Election Law (04 May 2023) Read Post »

Supreme Court quashes Tamil Nadu’s Anti-Land Grabbing Special Cells: Government of Tamil Nadu vs. R. Thamarai Selvam (2023)

/ B.V. Nagarathna, Constitutional Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 420, Indian Penal Code, 1860 with Section 447, Indian Penal Code, 1860 with Section 506, Judges, M.R. Shah

Supreme Court quashes Tamil Nadu’s Anti-Land Grabbing Special Cells: Government of Tamil Nadu vs. R. Thamarai Selvam (2023) Date of the Judgment: May 04, 2023 Citation: 2023 INSC 490 Judges: M.R. Shah, J., B.V. Nagarathna, J. Can a state government establish special police cells to investigate “land grabbing” without clearly defining what constitutes this offense?

Supreme Court quashes Tamil Nadu’s Anti-Land Grabbing Special Cells: Government of Tamil Nadu vs. R. Thamarai Selvam (2023) Read Post »

Customs Act Settlement: Supreme Court clarifies the scope of Section 127B in cases of smuggled goods: Yamal Manojbhai vs. Union of India (2023)

/ Constitutional Law, Constitutional Law with Article 32, Customs Act, 1962, Customs Act, 1962 with Section 123, Customs Act, 1962 with Section 127B, Customs Act, 1962 with Section 77, Judges, Krishna Murari, Sanjay Karol

Supreme Court clarifies settlement process under Customs Act for smuggled goods: Yamal vs. Union of India (2023) LEGAL ISSUE: Whether an accused under the Customs Act, 1962 can seek settlement under Section 127B for goods specified under Section 123 of the same Act, when seized within the customs area. CASE TYPE: Criminal, Customs Law Case

Customs Act Settlement: Supreme Court clarifies the scope of Section 127B in cases of smuggled goods: Yamal Manojbhai vs. Union of India (2023) Read Post »

Supreme Court clarifies settlement under Customs Act for goods seized: Yamal Manojbhai vs. Union of India (2023)

/ Constitutional Law, Constitutional Law with Article 32, Customs Act, 1962, Customs Act, 1962 with Section 123, Customs Act, 1962 with Section 127B, Fundamental Rights, Judges, Krishna Murari, Sanjay Karol, Settlement Commission

Supreme Court Clarifies Settlement for Customs Act Violations: Yamal Manojbhai vs. Union of India (2023) LEGAL ISSUE: Whether settlement under Section 127B of the Customs Act, 1962 is available for goods specified under Section 123 of the same Act. CASE TYPE: Criminal, Customs Law Case Name: Yamal Manojbhai vs. Union of India & Ors. Judgment

Supreme Court clarifies settlement under Customs Act for goods seized: Yamal Manojbhai vs. Union of India (2023) Read Post »

Supreme Court Upholds Election: Kanimozhi Karunanidhi’s Election Not Voided (2023)

/ Ajay Rastogi, Bela M. Trivedi, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VII Rule 11, Constitutional Law, Constitutional Law with Article 324, Election Petition, Judges, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 100, Representation of the People Act, 1951 with Section 83

Supreme Court Upholds Election: Kanimozhi Karunanidhi’s Election Not Voided (2023) LEGAL ISSUE: Whether an election can be declared void due to alleged non-disclosure of a spouse’s income tax details in the candidate’s affidavit. CASE TYPE: Election Law Case Name: Kanimozhi Karunanidhi vs. A. Santhana Kumar & Ors. [Judgment Date]: 04 May 2023 Date of the

Supreme Court Upholds Election: Kanimozhi Karunanidhi’s Election Not Voided (2023) Read Post »

Supreme Court Stays Andhra Pradesh High Court Order on SIT Investigation into Allegations of Corruption: State of Andhra Pradesh vs. Varla Ramaiah (2023)

/ Constitutional Law, Constitutional Law with Article 14, Executive Powers, Executive Powers of the State, Executive Powers of the State Government, Investigation of Corruption, Judges, M.M. Sundresh, M.R. Shah, Review of Government Decisions

Supreme Court Stays Andhra Pradesh High Court Order on SIT Investigation into Allegations of Corruption: State of Andhra Pradesh vs. Varla Ramaiah (2023) LEGAL ISSUE: Whether a newly elected government can investigate alleged acts of corruption of the previous government. CASE TYPE: Civil Appellate Jurisdiction. Case Name: The State of Andhra Pradesh & Anr. vs.

Supreme Court Stays Andhra Pradesh High Court Order on SIT Investigation into Allegations of Corruption: State of Andhra Pradesh vs. Varla Ramaiah (2023) Read Post »

Supreme Court Upholds Section 140(5) of Companies Act, 2013: Auditors’ Resignation Doesn’t Halt Fraud Inquiry (3 May 2023)

/ Auditor Resignation, Companies Act, 2013, Companies Act, 2013 with Section 140(5), Companies Act, 2013 with Section 447, Constitutional Law, Constitutional Law with Article 19(1)(g), Fundamental Rights, Judges, M.M. Sundresh, M.R. Shah

Supreme Court Upholds Section 140(5) of Companies Act, 2013: Auditors’ Resignation Doesn’t Halt Fraud Inquiry LEGAL ISSUE: Interpretation of Section 140(5) of the Companies Act, 2013, regarding the removal and disqualification of auditors involved in fraud. CASE TYPE: Corporate Law, Criminal Appeals, Civil Appeals Case Name: Union of India and Another vs. Deloitte Haskins and

Supreme Court Upholds Section 140(5) of Companies Act, 2013: Auditors’ Resignation Doesn’t Halt Fraud Inquiry (3 May 2023) Read Post »

Supreme Court Upholds Deferment of Mercy Petition in Bomb Blast Case: Balwant Singh vs. Union of India (2023) INSC 482 (3 May 2023)

/ B.R. Gavai, Constitutional Law, Constitutional Law with Article 161, Constitutional Law with Article 32, Constitutional Law with Article 72, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, Sanjay Karol, Vikram Nath

Supreme Court Upholds Deferment of Mercy Petition in Bomb Blast Case LEGAL ISSUE: Whether the Supreme Court can direct the commutation of a death sentence to life imprisonment due to a delay in deciding a mercy petition, and whether the pendency of appeals by co-accused should halt the consideration of a mercy petition. CASE TYPE:

Supreme Court Upholds Deferment of Mercy Petition in Bomb Blast Case: Balwant Singh vs. Union of India (2023) INSC 482 (3 May 2023) Read Post »

Supreme Court Sets Aside Bail in Murder Case: Omprakash Sahni vs. Jai Shankar Chaudhary (2023)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 389, Constitutional Law, Constitutional Law with Article 136, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, J.B. Pardiwala, Judges, M.R. Shah, Offences Against Human Body, Suspension of Sentence

Supreme Court Sets Aside Bail in Murder Case: Omprakash Sahni vs. Jai Shankar Chaudhary (2023) LEGAL ISSUE: Whether the High Court was correct in suspending the sentence of life imprisonment and granting bail to the accused convicted of murder. CASE TYPE: Criminal Law Case Name: Omprakash Sahni vs. Jai Shankar Chaudhary & Anr. Judgment Date:

Supreme Court Sets Aside Bail in Murder Case: Omprakash Sahni vs. Jai Shankar Chaudhary (2023) Read Post »

Supreme Court Upholds Auction Sale Over Prior Agreement: Vikram Kumar vs. State Bank of Hyderabad (2023)

/ C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 226, Judges, M.R. Shah, SARFAESI Act, 2002, SARFAESI Act, 2002 with Section 13, SARFAESI Act, 2002 with Section 13(8), SARFAESI Act, 2002 with Section 17

Supreme Court Upholds Auction Sale Over Prior Agreement: Vikram Kumar vs. State Bank of Hyderabad (2023) Date of the Judgment: May 2, 2023 Citation: Civil Appeal Nos. 3152-3153 of 2023 (@ SLP (Civil) Nos. 5973-5974 of 2018) Judges: M.R. Shah, J. and C.T. Ravikumar, J. Can a prior agreement to sell a property override a

Supreme Court Upholds Auction Sale Over Prior Agreement: Vikram Kumar vs. State Bank of Hyderabad (2023) Read Post »

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 »

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