A.K. Sikri

Supreme Court invalidates NDMC’s Unit Area Method for Property Tax: New Delhi Municipal Council vs. Association of Concerned Citizens of New Delhi (2019) INSC 44 (22 January 2019)

/ A.K. Sikri, Ashok Bhushan, Constitutional Law, Constitutional Law with Article 14, Judges, New Delhi Municipal Council Act, 1994, New Delhi Municipal Council Act, 1994 with Section 388, New Delhi Municipal Council Act, 1994 with Section 63, Property Tax Assessment

Supreme Court Invalidates NDMC’s Unit Area Method for Property Tax Date of the Judgment: 22 January 2019 Citation: (2019) INSC 44 Judges: A.K. Sikri, J., Ashok Bhushan, J. Can a municipal council bypass the statutory method for calculating property tax by introducing a new system through bye-laws? The Supreme Court of India recently addressed this […]

Supreme Court invalidates NDMC’s Unit Area Method for Property Tax: New Delhi Municipal Council vs. Association of Concerned Citizens of New Delhi (2019) INSC 44 (22 January 2019) Read Post »

Supreme Court Upholds Right to Dance, Strikes Down Obscene Dance Restrictions in Maharashtra: Indian Hotel and Restaurant Association vs. State of Maharashtra (2019)

/ A.K. Sikri, Ashok Bhushan, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 19, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 292, Indian Penal Code, 1860 with Section 294, Judges, Maharashtra Prohibition of Obscene Dance Act, 2016, Maharashtra Prohibition of Obscene Dance Act, 2016 with Section 2(8), Maharashtra Prohibition of Obscene Dance Act, 2016 with Section 6(4), Maharashtra Prohibition of Obscene Dance Act, 2016 with Section 8

Supreme Court Upholds Right to Dance, Strikes Down Obscene Dance Restrictions in Maharashtra: Indian Hotel and Restaurant Association vs. State of Maharashtra (2019) Date of the Judgment: January 17, 2019 Citation: 2019 INSC 28 Judges: A.K. Sikri, J., Ashok Bhushan, J. Can the state impose a complete ban on dance performances in hotels and bars?

Supreme Court Upholds Right to Dance, Strikes Down Obscene Dance Restrictions in Maharashtra: Indian Hotel and Restaurant Association vs. State of Maharashtra (2019) Read Post »

Supreme Court Limits Witness Summons Under Section 311 CrPC in CBI Case: Swapan Kumar Chatterjee vs. CBI (2019)

/ A.K. Sikri, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 311, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 420, Indian Penal Code, 1860 with Section 477A, Judges, Prevention of Corruption Act, 1947, Prevention of Corruption Act, 1947 with Section 5(1)(c)(d), S. Abdul Nazeer, Trial Procedure, Witness Examination

Supreme Court Limits Witness Summons Under Section 311 CrPC in CBI Case: Swapan Kumar Chatterjee vs. CBI (2019) LEGAL ISSUE: Whether a trial court can repeatedly allow the prosecution to summon a witness under Section 311 of the Code of Criminal Procedure, 1973, when the prosecution has repeatedly failed to produce the witness despite multiple

Supreme Court Limits Witness Summons Under Section 311 CrPC in CBI Case: Swapan Kumar Chatterjee vs. CBI (2019) Read Post »

Supreme Court Upholds Tax Benefit Scheme for Disabled Dependents: Ravi Agrawal vs. Union of India (2019)

/ A.K. Sikri, Ashok Bhushan, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Income Tax Act, 1961, Income Tax Act, 1961 with Section 80DD, Judges, S. Abdul Nazeer, Tax Benefits

Supreme Court Upholds Tax Benefit Scheme for Disabled Dependents: Ravi Agrawal vs. Union of India (2019) LEGAL ISSUE: Whether the Jeevan Aadhar policy under Section 80DD of the Income Tax Act, 1961, which provides benefits to disabled dependents only after the death of the parent/guardian, is discriminatory and violates Article 14 of the Constitution. CASE

Supreme Court Upholds Tax Benefit Scheme for Disabled Dependents: Ravi Agrawal vs. Union of India (2019) Read Post »

Supreme Court Upholds Tax on Vehicle Possession for Manufacturers and Dealers: Tata Motors vs. State of Jharkhand (2018)

/ A.K. Sikri, Bihar Motor Vehicles Taxation Act, 1994, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Entry 57 of List II, Judges, M.R. Shah, Motor Vehicles Act, 1988, Motor Vehicles Taxation Law, Tax on Vehicles

Supreme Court Upholds Tax on Vehicle Possession for Manufacturers and Dealers: Tata Motors vs. State of Jharkhand (2018) LEGAL ISSUE: Whether manufacturers and dealers of motor vehicles are liable to pay tax on vehicles in their possession before sale to the ultimate consumer. CASE TYPE: Motor Vehicles Taxation Law Case Name: M/S. Tata Motors Limited

Supreme Court Upholds Tax on Vehicle Possession for Manufacturers and Dealers: Tata Motors vs. State of Jharkhand (2018) Read Post »

Supreme Court clarifies the scope of “Note for Speaking to the Minutes” in property disputes: Akhil Bhartvarshiya Marwari Agarwal Jatiya Kosh & Ors vs Brijlal Tibrewal & Ors (2018) INSC 999 (14 December 2018)

/ A.K. Sikri, Ashok Bhushan, Conveyance Deed, Judges, M. R. Shah, Maharashtra Ownership Flats Act, 1963, Maharashtra Ownership Flats Act, 1963 with Section 4, Note for Speaking to the Minutes, Property Law

Supreme Court clarifies the scope of “Note for Speaking to the Minutes” in property disputes: Akhil Bhartvarshiya Marwari Agarwal Jatiya Kosh & Ors vs Brijlal Tibrewal & Ors (2018) INSC 999 (14 December 2018) LEGAL ISSUE: Scope and limitations of “Note for Speaking to the Minutes” in court proceedings, particularly regarding modifications to final orders.

Supreme Court clarifies the scope of “Note for Speaking to the Minutes” in property disputes: Akhil Bhartvarshiya Marwari Agarwal Jatiya Kosh & Ors vs Brijlal Tibrewal & Ors (2018) INSC 999 (14 December 2018) Read Post »

Supreme Court Upholds Transaction Value for Imported Aluminum Scrap: Commissioner of Central Excise vs. Sanjivani Non-Ferrous Trading (2018)

/ A.K. Sikri, Customs Act, 1962, Customs Act, 1962 with Section 14, Customs Valuation Rules, Judges, S. Abdul Nazeer, Valuation of Goods

Supreme Court Upholds Transaction Value for Imported Aluminum Scrap: Commissioner of Central Excise vs. Sanjivani Non-Ferrous Trading (2018) LEGAL ISSUE: Whether the declared transaction value of imported goods can be rejected without proper justification and evidence of comparable imports. CASE TYPE: Customs Law Case Name: Commissioner of Central Excise and Service Tax, Noida vs. M/s.

Supreme Court Upholds Transaction Value for Imported Aluminum Scrap: Commissioner of Central Excise vs. Sanjivani Non-Ferrous Trading (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 clarifies the jurisdiction of Competition Commission of India (CCI) and Telecom Regulatory Authority of India (TRAI) in telecom sector disputes (05 December 2018)

/ A.K. Sikri, Anti-Competitive Agreements, Ashok Bhushan, Competition Act, 2002, Competition Act, 2002 with Section 19, Competition Act, 2002 with Section 3, Functions of TRAI, Judges, Telecom Regulatory Authority of India Act, 1997, Telecom Regulatory Authority of India Act, 1997 with Section 11

Supreme Court Clarifies Jurisdiction of CCI and TRAI in Telecom Sector Disputes Date of the Judgment: 05 December 2018 Citation: (2018) INSC 1071 Judges: A.K. Sikri, J., Ashok Bhushan, J. Can the Competition Commission of India (CCI) initiate an investigation into alleged anti-competitive practices in the telecom sector, or is this the exclusive domain of

Supreme Court clarifies the jurisdiction of Competition Commission of India (CCI) and Telecom Regulatory Authority of India (TRAI) in telecom sector disputes (05 December 2018) Read Post »

Supreme Court quashes criminal proceedings against Himachal Pradesh Cricket Association: HPCA vs. State of Himachal Pradesh (2018)

/ A.K. Sikri, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Companies Act, 1956, Companies Act, 1956 with Section 25, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 406, Indian Penal Code, 1860 with Section 420, Judges, Offences Relating to Property

Supreme Court quashes criminal proceedings against Himachal Pradesh Cricket Association: HPCA vs. State of Himachal Pradesh (2018) LEGAL ISSUE: Whether criminal proceedings initiated against the Himachal Pradesh Cricket Association (HPCA) and its members for alleged irregularities in land leases and conversion from a society to a company were justified. CASE TYPE: Criminal Law Case Name:

Supreme Court quashes criminal proceedings against Himachal Pradesh Cricket Association: HPCA vs. State of Himachal Pradesh (2018) Read Post »

Supreme Court Commutes Death Sentence to Life Imprisonment with 20-Year Cap in Babasaheb Maruti Kamble vs. State of Maharashtra (2018)

/ A.K. Sikri, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 235, Code of Criminal Procedure, 1973 with Section 354, Constitutional Law, Constitutional Law with Article 137, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 376, Indira Banerjee, Judges, Offences Against Human Body

Supreme Court Commutes Death Sentence to Life Imprisonment with 20-Year Cap in Babasaheb Maruti Kamble vs. State of Maharashtra (2018) LEGAL ISSUE: Whether the death penalty awarded to the accused should be upheld or commuted to life imprisonment. CASE TYPE: Criminal Case Name: Babasaheb Maruti Kamble vs. State of Maharashtra Judgment Date: November 1, 2018

Supreme Court Commutes Death Sentence to Life Imprisonment with 20-Year Cap in Babasaheb Maruti Kamble vs. State of Maharashtra (2018) Read Post »

Supreme Court Commutes Death Sentence in Madhya Pradesh Case: Jitendra @ Jeetu vs. State of Madhya Pradesh (2018)

/ A.K. Sikri, Ashok Bhushan, Constitutional Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 376, Indira Banerjee, Judges, Offences Against Human Body

Supreme Court Commutes Death Sentence in Madhya Pradesh Case: Jitendra @ Jeetu vs. State of Madhya Pradesh (2018) Date of the Judgment: November 1, 2018 Citation: Criminal Appeal No. 1441 of 2018 (Arising out of SLP (Crl.) No. 111 of 2015) Judges: A.K. Sikri, J., Ashok Bhushan, J., Indira Banerjee, J. Can a death sentence

Supreme Court Commutes Death Sentence in Madhya Pradesh Case: Jitendra @ Jeetu vs. State of Madhya Pradesh (2018) Read Post »

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