General Clauses Act, 1897

Customs Duty on Goods from Pakistan: Supreme Court Interprets “Date” of Bill of Entry (23 September 2020)

Supreme Court Clarifies Customs Duty Rate on Imports from Pakistan Post-Pulwama LEGAL ISSUE: Determination of the applicable customs duty rate on imported goods based on the date of bill of entry presentation versus the date of notification of duty change. CASE TYPE: Customs Law, Import Duty Case Name: Union of India & Ors. vs. M/S […]

Customs Duty on Goods from Pakistan: Supreme Court Interprets “Date” of Bill of Entry (23 September 2020) Read Post »

Supreme Court Upholds Revocation of Essentiality Certificate for Medical College: Sukh Sagar Medical College vs. State of Madhya Pradesh (2020)

Supreme Court Upholds Revocation of Essentiality Certificate for Medical College LEGAL ISSUE: Whether a State Government can revoke an Essentiality Certificate granted for establishing a medical college. CASE TYPE: Education Law Case Name: Sukh Sagar Medical College & Hospital vs. State of Madhya Pradesh & Ors. Judgment Date: 31 July 2020 Date of the Judgment:

Supreme Court Upholds Revocation of Essentiality Certificate for Medical College: Sukh Sagar Medical College vs. State of Madhya Pradesh (2020) Read Post »

Supreme Court Upholds Tax Rebate for Fly Ash Industries: State of Uttar Pradesh vs. Birla Corporation Limited (2019)

Supreme Court Upholds Tax Rebate for Fly Ash Industries: State of Uttar Pradesh vs. Birla Corporation Limited (2019) LEGAL ISSUE: Whether the State can rescind a tax rebate notification for industries that had already commenced production based on the promise of the rebate. CASE TYPE: Tax Law Case Name: State of Uttar Pradesh & Anr.

Supreme Court Upholds Tax Rebate for Fly Ash Industries: State of Uttar Pradesh vs. Birla Corporation Limited (2019) Read Post »

Supreme Court settles the issue of applicability of IPC in motor vehicle accident cases: State of Arunachal Pradesh vs. Ramchandra Rabidas (2019) INSC 974 (4 October 2019)

Supreme Court Clarifies: Prosecution Under Both IPC and MV Act Permissible in Road Accident Cases (2019) Date of the Judgment: 4 October 2019 Citation: (2019) INSC 974 Judges: Indu Malhotra, J., Sanjiv Khanna, J. Can a person be prosecuted under both the Indian Penal Code, 1860 (IPC) and the Motor Vehicles Act, 1988 (MV Act)

Supreme Court settles the issue of applicability of IPC in motor vehicle accident cases: State of Arunachal Pradesh vs. Ramchandra Rabidas (2019) INSC 974 (4 October 2019) Read Post »

Supreme Court Clarifies Grant-in-Aid Eligibility Post Repeal of 1994 Order: State of Odisha vs. Anup Kumar Senapati (2019)

Supreme Court Clarifies Grant-in-Aid Eligibility Post Repeal of 1994 Order: State of Odisha vs. Anup Kumar Senapati (2019) LEGAL ISSUE: Whether employees are entitled to claim grant-in-aid under the Orissa (Non-Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-aid Order, 1994 after its repeal in 2004. CASE TYPE: Education Law, Grant-in-Aid Case Name: State of

Supreme Court Clarifies Grant-in-Aid Eligibility Post Repeal of 1994 Order: State of Odisha vs. Anup Kumar Senapati (2019) Read Post »

Supreme Court Clarifies Jurisdiction in Property Partition Suits: Shivnarayan vs. Maniklal (2019)

Supreme Court Clarifies Jurisdiction in Property Partition Suits: Shivnarayan vs. Maniklal (2019) LEGAL ISSUE: Whether a suit for partition of immovable properties situated in different jurisdictions can be combined into a single suit. CASE TYPE: Civil (Property Partition). Case Name: Shivnarayan (D) By Lrs. vs. Maniklal (D) Thr. Lrs. & Ors. [Judgment Date]: February 6,

Supreme Court Clarifies Jurisdiction in Property Partition Suits: Shivnarayan vs. Maniklal (2019) Read Post »

Supreme Court Allows Prosecution Under IPC and FSS Act: State of Maharashtra vs. Sayyed Hassan Sayyed Subhan (20 September 2018)

Supreme Court Allows Prosecution Under IPC and FSS Act: State of Maharashtra vs. Sayyed Hassan Sayyed Subhan (2018) LEGAL ISSUE: Whether a person can be prosecuted under both the Indian Penal Code (IPC) and the Food Safety and Standards Act (FSS Act) for the same act. CASE TYPE: Criminal Law Case Name: State of Maharashtra

Supreme Court Allows Prosecution Under IPC and FSS Act: State of Maharashtra vs. Sayyed Hassan Sayyed Subhan (20 September 2018) Read Post »

Supreme Court Clarifies Applicability of 2015 Amendment Act to Arbitration Proceedings: BCCI vs. Kochi Cricket (2018) INSC 227

Supreme Court Clarifies Applicability of 2015 Amendment Act to Arbitration Proceedings: BCCI vs. Kochi Cricket (2018) INSC 227 LEGAL ISSUE: Applicability of the Arbitration and Conciliation (Amendment) Act, 2015 to pending arbitral and court proceedings. CASE TYPE: Arbitration Law Case Name: Board of Control for Cricket in India vs. Kochi Cricket Pvt. Ltd. and Others

Supreme Court Clarifies Applicability of 2015 Amendment Act to Arbitration Proceedings: BCCI vs. Kochi Cricket (2018) INSC 227 Read Post »

Supreme Court Upholds Confiscation of Undeclared Gold: Gunwantlal Godawat vs. Union of India (22 November 2017)

LEGAL ISSUE: Determination of the redemption fine for confiscated gold under the Defence of India Rules, 1962, and the applicability of the Gold Control Act, 1968. CASE TYPE: Civil (Confiscation and Gold Control) Case Name: Gunwantlal Godawat vs. Union of India & Another Judgment Date: 22 November 2017 Can the government confiscate gold that was

Supreme Court Upholds Confiscation of Undeclared Gold: Gunwantlal Godawat vs. Union of India (22 November 2017) Read Post »

Supreme Court Upholds Disqualification of Cooperative Society Chairman: Vipulbhai Mansingbhai Chaudhary vs. State of Gujarat (2017)

LEGAL ISSUE: Whether a removed officer of a cooperative society can be disqualified from holding office based on the same facts that led to their removal. CASE TYPE: Cooperative Society Law Case Name: Vipulbhai Mansingbhai Chaudhary vs. State of Gujarat & Anr. Judgment Date: 17 April 2017 Date of the Judgment: 17 April 2017 Citation:

Supreme Court Upholds Disqualification of Cooperative Society Chairman: Vipulbhai Mansingbhai Chaudhary vs. State of Gujarat (2017) Read Post »

Supreme Court Clarifies Anti-Dumping Duty Extension Rules: Union of India vs. Kumho Petrochemicals (2017)

LEGAL ISSUE: Whether the extension of anti-dumping duty can be done after the expiry of the original notification period and whether the initiation of sunset review is valid if the notification is made public after the expiry of the original notification. CASE TYPE: Anti-Dumping Law Case Name: Union of India and Another vs. M/s. Kumho

Supreme Court Clarifies Anti-Dumping Duty Extension Rules: Union of India vs. Kumho Petrochemicals (2017) Read Post »

Supreme Court settles the effect of repeal on Exclusive Marketing Rights under the Patents Act: Glaxo Smith Kline PLC vs. Controller of Patents & Designs (2008)

Introduction Date of the Judgment: September 10, 2008 Citation: N/A (Case reference: Civil Appeal No. 5588 of 2008, arising out of SLP (C) No.21010 of 2006) Judges: Dr. Arijit Pasayat, J. and Lokeshwar Singh Panta, J. When a law is repealed, what happens to the rights that were in the process of being decided under

Supreme Court settles the effect of repeal on Exclusive Marketing Rights under the Patents Act: Glaxo Smith Kline PLC vs. Controller of Patents & Designs (2008) Read Post »

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