Supreme Court Denies Transfer of Gorkhaland Agitation Cases to Independent Agency: Bimal Gurung vs. Union of India (2018) LEGAL ISSUE: Whether the investigation of criminal cases related to the Gorkhaland agitation should be transferred to an independent agency. CASE TYPE: Criminal Case Name: Bimal Gurung vs. Union of India & Ors. Judgment Date: 16 March […]
Supreme Court Legalizes Passive Euthanasia, Recognizes Advance Directives: Common Cause vs. Union of India (2018) LEGAL ISSUE: Whether passive euthanasia and advance medical directives are constitutionally valid. CASE TYPE: Constitutional Law, Public Interest Litigation Case Name: Common Cause (A Regd. Society) vs. Union of India and Another Judgment Date: 9 March 2018 Date of the
Supreme Court quashes Rule 5 of Service Tax Rules: Reimbursable expenses not taxable (2018) INSC 194 LEGAL ISSUE: Whether reimbursable expenses incurred by a service provider can be included in the value of taxable services for the purpose of service tax. CASE TYPE: Service Tax Case Name: Union of India & Anr. vs. M/s. Intercontinental
Supreme Court Clarifies Application of Section 195(1)(b)(ii) CrPC in Forgery Cases: Vishnu Chandru Gaonkar vs. N.M. Dessai (2018) LEGAL ISSUE: Whether a complaint under Section 195(1)(b)(ii) of the Code of Criminal Procedure, 1973 (CrPC) can be initiated for forgery of a document when the forgery occurred before the document was produced in court. CASE TYPE:
Supreme Court Denies Regularization to College Employee: Upendra Singh vs. State of Bihar (2018) Date of the Judgment: 23 February 2018 Citation: Civil Appeal No. 2356 of 2018 Judges: A.K. Sikri, J. and Ashok Bhushan, J. Can a college employee, initially appointed by a private college, claim regularization and regular salary after the college becomes
Supreme Court Upholds SARFAESI Act Invocation by Successor-in-Interest in Indiabulls Housing Finance vs. Deccan Chronicle Holdings (2018) LEGAL ISSUE: Whether a successor-in-interest, like Indiabulls Housing Finance Limited, can invoke the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) when the original lender, Indiabulls Financial Services Limited (IBFSL), was
Supreme Court Clarifies Price Adjustment Formula in Highway Contracts Date of the Judgment: 23 February 2018 Citation: Civil Appeal No. 458 of 2018 Judges: A.K. Sikri, J., Ashok Bhushan, J. Can a contractual clause be interpreted in a way that leads to unrealistic price adjustments? The Supreme Court of India recently addressed this question in
Supreme Court clarifies incorporation of arbitration clauses by reference: Elite Engineering vs. Techtrans Construction (2018) LEGAL ISSUE: Whether an arbitration clause from a main contract can be incorporated into a sub-contract by reference. CASE TYPE: Arbitration Law Case Name: M/S. Elite Engineering and Construction (Hyd.) Private Limited vs. M/S. Techtrans Construction India Private Limited Judgment
Supreme Court Upholds Appointment of Additional Judges: Sunil Samdaria vs. Union of India (2018) LEGAL ISSUE: Whether the appointment of Additional Judges for a term less than two years is valid under Article 224 of the Constitution of India, and whether a retired judicial officer is eligible for appointment as an Additional Judge. CASE TYPE:
Supreme Court Sets Aside High Court Order for Not Providing Opportunity to Rebut Additional Evidence in Partition Suit: Akhilesh Singh vs. Lal Babu Singh (2018) LEGAL ISSUE: Whether an appellate court must provide an opportunity to the contesting party to rebut or explain additional evidence admitted under Order XLI Rule 27 of the Code of
Supreme Court Denies Higher Pay Scale to Pre-1996 Retired Armed Forces Officers Date of the Judgment: 21 February 2018 Citation: [Not Available in Source] Judges: A.K. Sikri, J., Ashok Bhushan, J. (authored the judgment) Can retired armed forces officers who retired before 01.01.1996 claim a higher pay scale based on a government order meant for
Supreme Court Limits Bar Council’s Review Power in Misconduct Case: Advanta India Ltd. vs. B.N. Shivanna (2018) LEGAL ISSUE: Scope of review powers of the Disciplinary Committee of the Bar Council of India. CASE TYPE: Professional Misconduct of an Advocate Case Name: M/S. Advanta India Ltd. vs. B.N. Shivanna [Judgment Date]: 21 February 2018 Introduction
