A.M. Khanwilkar

Supreme Court Revisits Textile Nationalization Act: Union of India vs. Nareshkumar Badrikumar Jagad (28 November 2018)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Validation Act 2014, Judges, Kurian Joseph, Retrospective Legislation, The Textile Undertakings (Nationalisation) Act, 1995, The Textile Undertakings (Nationalisation) Act, 1995 with Section 3(1), The Textile Undertakings (Nationalisation) Laws (Amendment and Validation) Act, 2014

Supreme Court Revisits Textile Nationalization Act: Union of India vs. Nareshkumar Badrikumar Jagad (2018) LEGAL ISSUE: Interpretation of the Textile Undertakings (Nationalisation) Act, 1995 and its amendments regarding vesting of leasehold rights. CASE TYPE: Civil Appellate (Review Petition) Case Name: Union of India vs. Nareshkumar Badrikumar Jagad & Ors. Judgment Date: 28 November 2018 Date […]

Supreme Court Revisits Textile Nationalization Act: Union of India vs. Nareshkumar Badrikumar Jagad (28 November 2018) Read Post »

Supreme Court Upholds Enforcement of Foreign Award Despite Initial Document Deficiency: PEC Ltd. vs. Austbulk Shipping (2018)

/ A.M. Khanwilkar, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 47, Enforcement of Foreign Awards, Judges, L. Nageswara Rao

Supreme Court Upholds Enforcement of Foreign Award Despite Initial Document Deficiency: PEC Ltd. vs. Austbulk Shipping (2018) LEGAL ISSUE: Whether an application for enforcement of a foreign arbitral award can be dismissed for not including the original arbitration agreement at the time of filing. CASE TYPE: Arbitration Law Case Name: P.E.C. Limited vs. Austbulk Shipping

Supreme Court Upholds Enforcement of Foreign Award Despite Initial Document Deficiency: PEC Ltd. vs. Austbulk Shipping (2018) Read Post »

Supreme Court Awards Enhanced Compensation for Driver with Amputated Leg: Arun Kumar Jha vs. Ranvir Singh (2018)

/ A.M. Khanwilkar, Dhananjaya Y. Chandrachud, Enhanced Compensation, Enhanced Compensation, Functional Disability, Judges, Kurian Joseph, Motor Accidents, Workmen Compensation Act, 1923

Supreme Court Awards Enhanced Compensation for Driver with Amputated Leg: Arun Kumar Jha vs. Ranvir Singh (2018) Date of the Judgment: November 1, 2018 Citation: 2018 INSC 976 Judges: Kurian Joseph, A.M. Khanwilkar, Dr. Dhananjaya Y. Chandrachud Can a person with an amputated leg be considered 100% functionally disabled, especially when their job requires physical

Supreme Court Awards Enhanced Compensation for Driver with Amputated Leg: Arun Kumar Jha vs. Ranvir Singh (2018) Read Post »

Supreme Court Reopens Review Petitions in Death Penalty Case: Ambadas Laxman Shinde & Ors. vs. The State of Maharashtra (2018)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 14, Dhananjaya Y. Chandrachud, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, Kurian Joseph, Offences Against Human Body

Supreme Court Reopens Review Petitions in Death Penalty Case Date of the Judgment: 31 October 2018 Citation: Not Available Judges: Kurian Joseph J., A.M. Khanwilkar J., Dr. Dhananjaya Y. Chandrachud J. Can a review petition be reopened in a death penalty case after it has been dismissed? The Supreme Court of India recently addressed this

Supreme Court Reopens Review Petitions in Death Penalty Case: Ambadas Laxman Shinde & Ors. vs. The State of Maharashtra (2018) Read Post »

Compassionate Appointment: Supreme Court Invokes Article 142 in Vinod Kumar Singh vs. State of Uttar Pradesh (29 October 2018)

/ A.M. Khanwilkar, Compassionate Appointment, Constitutional Law, Constitutional Law with Article 142, Judges, Kurian Joseph, Service Law

Compassionate Appointment: Supreme Court Invokes Article 142 in Vinod Kumar Singh vs. State of Uttar Pradesh (2018) LEGAL ISSUE: Whether the Supreme Court can invoke its plenary powers under Article 142 of the Constitution of India to grant compassionate appointment in a specific case, despite prior dismissals. CASE TYPE: Service Law Case Name: Vinod Kumar

Compassionate Appointment: Supreme Court Invokes Article 142 in Vinod Kumar Singh vs. State of Uttar Pradesh (29 October 2018) Read Post »

Supreme Court Orders Open Remand for Land Compensation: Ali Akbar vs. State of Kerala (2018)

/ A.M. Khanwilkar, Appeals, Civil Procedure, Compensation, Evidence, Judges, Kurian Joseph, Land Acquisition, Reference Court, Remand

Supreme Court Orders Open Remand for Land Compensation: Ali Akbar vs. State of Kerala (2018) Date of the Judgment: 26 October 2018 Citation: Civil Appeal No(s). 10786-10787 of 2018, Civil Appeal No(s). 10788-10796 of 2018 Judges: Kurian Joseph, J., A.M. Khanwilkar, J. Can a High Court remand a land acquisition compensation case back to the

Supreme Court Orders Open Remand for Land Compensation: Ali Akbar vs. State of Kerala (2018) Read Post »

Supreme Court settles property dispute under Article 142: Vasudevan Embanthiri vs. Gopalakrishnan (2018)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 142, Judges, Kurian Joseph, Property Dispute Resolution, Property Law, Settlement of Property Disputes

Supreme Court settles property dispute under Article 142: Vasudevan Embanthiri vs. Gopalakrishnan (2018) Date of the Judgment: October 25, 2018 Citation: Not Available in source Judges: Kurian Joseph, J. and A.M. Khanwilkar, J. Can a decades-long property dispute be resolved through the intervention of the Supreme Court, even against the wishes of one party? The

Supreme Court settles property dispute under Article 142: Vasudevan Embanthiri vs. Gopalakrishnan (2018) Read Post »

Supreme Court orders expedited trial on ancestral property dispute in specific performance case: Harnek Singh vs Hukam Chand (25 October 2018)

/ A.M. Khanwilkar, Ancestral Property, Civil Law, Civil Law with Specific Performance of Contract, Joint Hindu Family, Judges, Kurian Joseph, Property Law, Property Law with Karta, Specific Performance

Supreme Court orders expedited trial on ancestral property dispute in specific performance case: Harnek Singh vs Hukam Chand (25 October 2018) LEGAL ISSUE: Whether a suit for specific performance should be decided when a related suit concerning the nature of the property is pending. CASE TYPE: Civil, Specific Performance, Property Law Case Name: Harnek Singh(Dead)

Supreme Court orders expedited trial on ancestral property dispute in specific performance case: Harnek Singh vs Hukam Chand (25 October 2018) Read Post »

Supreme Court Dismisses Appeal in Eastern Coalfields Ltd. Case, Leaving Question of Law Open (25 October 2018)

/ A.M. Khanwilkar, Judges, Kurian Joseph, Retirement, Service Law

Supreme Court Dismisses Appeal in Eastern Coalfields Ltd. Case, Leaving Question of Law Open (25 October 2018) LEGAL ISSUE: The core legal issue revolves around a service matter concerning a retired employee. CASE TYPE: Service Law Case Name: Eastern Coalfields Ltd. vs. Bibhas Chandra Bakshi & Ors. Judgment Date: 25 October 2018 Date of the

Supreme Court Dismisses Appeal in Eastern Coalfields Ltd. Case, Leaving Question of Law Open (25 October 2018) Read Post »

Supreme Court Upholds Conviction for Concealing Murder in Family: Asar Mohammad vs. State of U.P. (24 October 2018)

/ A.M. Khanwilkar, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 27, Indian Evidence Act, 1872 with Section 8, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 201, Indian Penal Code, 1860 with Section 302, Judges, L. Nageswara Rao, Offences Against Human Body

Supreme Court Upholds Conviction for Concealing Murder in Family: Asar Mohammad vs. State of U.P. (2018) Date of the Judgment: 24 October 2018 Citation: (2018) INSC 969 Judges: A.M. Khanwilkar, J., L. Nageswara Rao, J. Can family members be held guilty for concealing a murder committed within their household? The Supreme Court of India addressed

Supreme Court Upholds Conviction for Concealing Murder in Family: Asar Mohammad vs. State of U.P. (24 October 2018) Read Post »

Specific Performance of Development Agreements: Supreme Court Rules on Developer’s Rights in Sushil Kumar Agarwal vs. Meenakshi Sadhu (2018)

/ A.M. Khanwilkar, Breach of contract, Contract Law, Development Agreements, Dhananjaya Y. Chandrachud, Judges, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 14

Supreme Court Clarifies Specific Performance of Development Agreements: Sushil Kumar Agarwal vs. Meenakshi Sadhu (2018) LEGAL ISSUE: Whether a developer can seek specific performance of a development agreement against the property owner under Section 14(3)(c) of the Specific Relief Act, 1963. CASE TYPE: Contract Law, Real Estate, Specific Performance Case Name: Sushil Kumar Agarwal vs.

Specific Performance of Development Agreements: Supreme Court Rules on Developer’s Rights in Sushil Kumar Agarwal vs. Meenakshi Sadhu (2018) Read Post »

Supreme Court settles family property dispute through amicable settlement: Madan Mohan vs. Jawahar Lal (2018)

/ A.M. Khanwilkar, Civil Law, Civil Procedure, Family Law, Judges, Kurian Joseph, Settlement

Supreme Court Settles Family Property Dispute Through Settlement: Madan Mohan vs. Jawahar Lal (2018) LEGAL ISSUE: Resolution of property disputes among family members through amicable settlement. CASE TYPE: Civil dispute, family property. Case Name: Madan Mohan vs. Jawahar Lal (Dead) Through Lrs. & Ors. [Judgment Date]: October 05, 2018 Introduction Date of the Judgment: October

Supreme Court settles family property dispute through amicable settlement: Madan Mohan vs. Jawahar Lal (2018) Read Post »

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