A.K. Sikri

Supreme Court clarifies eligibility for Guest Lecturers based on M.Phil. Degrees: State of Madhya Pradesh vs. Manoj Sharma (2018)

/ A.K. Sikri, Appointment of Lecturers, Ashok Bhushan, Distance Education, Education Law, Guest Lecturers, Judges, Regulations 2009, Service Law, UGC Regulations, University Grants Commission Act

Supreme Court clarifies eligibility for Guest Lecturers based on M.Phil. Degrees: State of Madhya Pradesh vs. Manoj Sharma (2018) LEGAL ISSUE: Whether M.Phil. degrees obtained through distance education before 11.07.2009 are valid for appointment as Guest Lecturers. CASE TYPE: Education Law, Service Law Case Name: The State of Madhya Pradesh & Ors. vs. Manoj Sharma […]

Supreme Court clarifies eligibility for Guest Lecturers based on M.Phil. Degrees: State of Madhya Pradesh vs. Manoj Sharma (2018) Read Post »

Supreme Court Quashes FIR in Cheating Case: Anita Maria Dias vs. State of Maharashtra (2018)

/ A.K. Sikri, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 406, Indian Penal Code, 1860 with Section 420, Inherent Powers of the High Court, Judges, Offences Relating to Property

Supreme Court Quashes FIR in Cheating Case: Anita Maria Dias vs. State of Maharashtra (2018) LEGAL ISSUE: Whether a criminal case involving allegations of cheating can be quashed by the High Court when the parties have reached a settlement? CASE TYPE: Criminal Case Name: Smt. Anita Maria Dias & Anr. vs. The State of Maharashtra

Supreme Court Quashes FIR in Cheating Case: Anita Maria Dias vs. State of Maharashtra (2018) Read Post »

Supreme Court Upholds Father’s Right to Property Under Customary Hindu Law in Puducherry: Theiry Santhanamal vs. Viswanathan & Ors. (2018)

/ A.K. Sikri, Ashok Bhushan, Customary Hindu Law, Customary Hindu Law, French Code, French Code with Article 1075, French Code with Article 1076, French Code with Article 931, Hindu Law, Judges, Partition of Property, Property Law, Puducherry Law

Supreme Court Upholds Father’s Right to Property Under Customary Hindu Law in Puducherry: Theiry Santhanamal vs. Viswanathan & Ors. (2018) LEGAL ISSUE: Whether a father can be compelled to partition his self-acquired property with his sons during his lifetime under the customary Hindu law applicable in Puducherry. CASE TYPE: Civil Law, Property Dispute Case Name:

Supreme Court Upholds Father’s Right to Property Under Customary Hindu Law in Puducherry: Theiry Santhanamal vs. Viswanathan & Ors. (2018) Read Post »

Supreme Court Upholds Arbitration Award in Contract Dispute: Maharashtra State Electricity Distribution Company Ltd. vs. M/S. Datar Switchgear Limited & Ors. (18 January 2018)

/ A.K. Sikri, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Ashok Bhushan, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 39, Indian Contract Act, 1872 with Section 53, Indian Contract Act, 1872 with Section 63, Judges

Supreme Court Upholds Arbitration Award in Maharashtra State Electricity Distribution Company Ltd. vs. M/S. Datar Switchgear Limited & Ors. (2018) LEGAL ISSUE: Whether the Arbitral Tribunal’s award was justified in holding Maharashtra State Electricity Distribution Company Ltd. (MSEDCL) liable for breach of contract due to non-supply of location lists, and whether the damages awarded were

Supreme Court Upholds Arbitration Award in Contract Dispute: Maharashtra State Electricity Distribution Company Ltd. vs. M/S. Datar Switchgear Limited & Ors. (18 January 2018) Read Post »

Supreme Court Allows CENVAT Credit on Transportation of Goods up to First Destination: Commissioner of Central Excise Belgaum vs. Vasavadatta Cements Ltd. (2018)

/ A.K. Sikri, Ashok Bhushan, Central Excise Law, CENVAT Credit Rules, 2004, Cenvat Credit Rules, 2004 with Rule 2(l), Input Service, Judges, Transportation Costs

Supreme Court Allows CENVAT Credit on Transportation of Goods up to First Destination: Commissioner of Central Excise Belgaum vs. Vasavadatta Cements Ltd. (2018) LEGAL ISSUE: Interpretation of “input service” under CENVAT Credit Rules, specifically concerning transportation costs. CASE TYPE: Central Excise Law Case Name: Commissioner of Central Excise Belgaum vs. M/s. Vasavadatta Cements Ltd. Judgment

Supreme Court Allows CENVAT Credit on Transportation of Goods up to First Destination: Commissioner of Central Excise Belgaum vs. Vasavadatta Cements Ltd. (2018) Read Post »

Supreme Court Restores Injunction Against Nuisance Causing Flour Mill: Ramji Singh Patel vs. Gyan Chandra Jaiswal (2018)

/ A.K. Sikri, Ashok Bhushan, Cause of Action, Civil Law, Continuing Nuisance, Injunction, Judges, Limitation Act, 1963, Private Nuisance

Supreme Court Restores Injunction Against Nuisance Causing Flour Mill: Ramji Singh Patel vs. Gyan Chandra Jaiswal (2018) LEGAL ISSUE: Whether a suit seeking injunction against a nuisance is barred by limitation if the source of the nuisance changed over time. CASE TYPE: Civil Case Name: Ramji Singh Patel vs. Gyan Chandra Jaiswal [Judgment Date]: January

Supreme Court Restores Injunction Against Nuisance Causing Flour Mill: Ramji Singh Patel vs. Gyan Chandra Jaiswal (2018) Read Post »

Supreme Court awards compensation in lieu of specific performance: Urmila Devi vs. Mandir Shree Chamunda Devi (2018)

/ A.K. Sikri, Ashok Bhushan, Breach of contract, Contract Law, Judges, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 21

Supreme Court awards compensation in lieu of specific performance: Urmila Devi vs. Mandir Shree Chamunda Devi (2018) LEGAL ISSUE: Whether compensation can be awarded in lieu of specific performance of a contract when the subject matter of the contract is acquired by the government. CASE TYPE: Civil Case Name: Urmila Devi and Others vs. The

Supreme Court awards compensation in lieu of specific performance: Urmila Devi vs. Mandir Shree Chamunda Devi (2018) Read Post »

Supreme Court Converts Murder Conviction to Culpable Homicide: Lavghanbhai Devjibhai Vasava vs. State of Gujarat (2018)

/ A.K. Sikri, Ashok Bhushan, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 304, Judges, Offences Against Human Body

Supreme Court Converts Murder Conviction to Culpable Homicide: Lavghanbhai Devjibhai Vasava vs. State of Gujarat (2018) LEGAL ISSUE: Whether the conviction should be under Section 302 of the Indian Penal Code, 1860 (IPC) for murder or under Section 304 of the IPC for culpable homicide not amounting to murder. CASE TYPE: Criminal Case Name: Lavghanbhai

Supreme Court Converts Murder Conviction to Culpable Homicide: Lavghanbhai Devjibhai Vasava vs. State of Gujarat (2018) Read Post »

Supreme Court Upholds Dismissal for Fraudulent Enrolment in Army: Ex Sig. Man Kanhaiya Kumar vs. Union of India (2018)

/ A.K. Sikri, Army Act, 1950, Army Act, 1950 with Section 122, Army Act, 1950 with Section 20, Army Rules, 1954, Ashok Bhushan, Judges

Supreme Court Upholds Dismissal for Fraudulent Enrolment in Army: Ex Sig. Man Kanhaiya Kumar vs. Union of India (2018) LEGAL ISSUE: Whether dismissal under Section 20(3) of the Army Act, 1950 is valid when a specific provision under Section 122(4) of the same Act exists for fraudulent enrolment. CASE TYPE: Service Law Case Name: Ex

Supreme Court Upholds Dismissal for Fraudulent Enrolment in Army: Ex Sig. Man Kanhaiya Kumar vs. Union of India (2018) Read Post »

Supreme Court Directs 5% Reservation and Accessibility for Disabled Students in Higher Education: Disabled Rights Group & Anr. vs. Union of India & Ors. (2017) INSC 1078 (15 December 2017)

/ A.K. Sikri, Ashok Bhushan, Inclusive Education, Judges, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation Act) 1995, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation Act) 1995 with Section 39, Rights of Persons with Disabilities Act, 2016, Rights of Persons with Disabilities Act, 2016 with Section 32, Rights of Persons with Disabilities Act, 2016 with Section 40

Date of the Judgment: 15 December 2017 Citation: (2017) INSC 1078 Judges: A.K. Sikri, J., Ashok Bhushan, J. Can educational institutions deny admission to students with disabilities? The Supreme Court of India addressed this critical issue in a public interest litigation, emphasizing the rights of persons with disabilities to access education. The Court mandated a

Supreme Court Directs 5% Reservation and Accessibility for Disabled Students in Higher Education: Disabled Rights Group & Anr. vs. Union of India & Ors. (2017) INSC 1078 (15 December 2017) Read Post »

Supreme Court mandates accessibility for disabled persons in public spaces: Rajive Raturi vs. Union of India (2017) INSC 1087 (15 December 2017)

/ A.K. Sikri, Ashok Bhushan, Constitutional Law, Constitutional Law with Article 19, Constitutional Law with Article 21, Fundamental Rights, Judges, The Rights of Persons with Disabilities Act, 2016, The Rights of Persons with Disabilities Act, 2016 with Section 41, The Rights of Persons with Disabilities Act, 2016 with Section 42, The Rights of Persons with Disabilities Act, 2016 with Section 46

LEGAL ISSUE: Ensuring accessibility for persons with disabilities in public spaces and transport. CASE TYPE: Public Interest Litigation (PIL) concerning disability rights. Case Name: Rajive Raturi vs. Union of India and Others. [Judgment Date]: 15 December 2017. Introduction Date of the Judgment: 15 December 2017 Citation: (2017) INSC 1087 Judges: A.K. Sikri, J. and Ashok

Supreme Court mandates accessibility for disabled persons in public spaces: Rajive Raturi vs. Union of India (2017) INSC 1087 (15 December 2017) Read Post »

Supreme Court Upholds Chief Justice’s Roster Authority in Judicial Bribery Case: Kamini Jaiswal vs. Union of India (2017)

/ A.K. Sikri, A.M. Khanwilkar, Arun Mishra, Constitutional Law, Constitutional Law with Article 144, Constitutional Law with Article 145, Judges, R.K. Agrawal

LEGAL ISSUE: The authority of the Chief Justice of India to allocate cases and constitute benches. CASE TYPE: Criminal Writ Petition Case Name: Kamini Jaiswal vs. Union of India & Anr. [Judgment Date]: November 14, 2017 Can a judicial order dictate the composition of a bench in the Supreme Court? This question arose in a

Supreme Court Upholds Chief Justice’s Roster Authority in Judicial Bribery Case: Kamini Jaiswal vs. Union of India (2017) Read Post »

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