A.M. Khanwilkar

Supreme Court clarifies Disqualification for Membership of Parliament and State Legislatures: Public Interest Foundation & Ors. vs. Union of India & Anr. (25 September 2018)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 102, Constitutional Law with Article 191, D.Y. Chandrachud, Dipak Misra, Disqualifications, Election Law, Fundamental Rights, Indu Malhotra, Judges, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 7, Rohinton Fali Nariman

Supreme Court Clarifies Disqualification for Membership of Parliament and State Legislatures Date of the Judgment: 25 September 2018 Citation: Not Available Judges: Dipak Misra, CJI, Rohinton Fali Nariman J, A.M. Khanwilkar J, Dr. D.Y. Chandrachud J, Indu Malhotra J. The judgment was unanimous and authored by Dipak Misra, CJI. Can the Supreme Court disqualify a […]

Supreme Court clarifies Disqualification for Membership of Parliament and State Legislatures: Public Interest Foundation & Ors. vs. Union of India & Anr. (25 September 2018) Read Post »

Supreme Court Clarifies Disqualification for Encroachment on Government Land in Panchayat Elections: Janabai vs. Additional Commissioner (2018)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 14, D.Y. Chandrachud, Dipak Misra, Disqualifications, Encroachment, Judges, Maharashtra Village Panchayat Act, 1958, Maharashtra Village Panchayat Act, 1958 with Section 14, Right to Equality

Supreme Court Clarifies Disqualification for Encroachment on Government Land in Panchayat Elections: Janabai vs. Additional Commissioner (2018) LEGAL ISSUE: Whether a person can be disqualified from continuing as a member of a Gram Panchayat if their family members have encroached upon government land and they are using that land. CASE TYPE: Election Law, specifically related

Supreme Court Clarifies Disqualification for Encroachment on Government Land in Panchayat Elections: Janabai vs. Additional Commissioner (2018) Read Post »

Supreme Court Appoints Arbitrator in Shipping Dispute: Trans Asian Shipping vs. Beacon Shipping (2018)

/ A.M. Khanwilkar, Agency Agreement, Appointment of Arbitrator, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 11(9), Arbitration Law, Contract Law, D.Y. Chandrachud, Dipak Misra, Judges

Supreme Court Appoints Arbitrator in Shipping Dispute: Trans Asian Shipping vs. Beacon Shipping (2018) Date of the Judgment: September 19, 2018 Citation: Not Available Judges: Dipak Misra, CJI, A.M. Khanwilkar, J., Dr. D.Y. Chandrachud, J. Can a party compel another to arbitration when a dispute arises from a commercial agreement? The Supreme Court of India

Supreme Court Appoints Arbitrator in Shipping Dispute: Trans Asian Shipping vs. Beacon Shipping (2018) Read Post »

Supreme Court Directs Action on Leprosy: Ensuring Dignity and Eradication (2018)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 32, D.Y. Chandrachud, Dipak Misra, Disability Assessment, Fundamental Rights, Judges, Rights of Persons with Disabilities Act, 2016, Rights of Persons with Disabilities Act, 2016 with Section 49

Supreme Court Directs Action on Leprosy: Ensuring Dignity and Eradication (2018) LEGAL ISSUE: Ensuring the rights and dignity of persons affected by leprosy and eradicating discrimination. CASE TYPE: Public Interest Litigation Case Name: Pankaj Sinha vs. Union of India and Others Judgment Date: 14 September 2018 Date of the Judgment: 14 September 2018 Citation: Not

Supreme Court Directs Action on Leprosy: Ensuring Dignity and Eradication (2018) Read Post »

Supreme Court Revisits Section 498A IPC: Safeguarding Women and Preventing Misuse (2018)

/ A.M. Khanwilkar, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 41, Code of Criminal Procedure, 1973 with Section 482, D.Y. Chandrachud, Dipak Misra, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 498A, Judges, Offences Against Women

Supreme Court Revisits Section 498A IPC: Safeguarding Women and Preventing Misuse (2018) LEGAL ISSUE: Examination of guidelines for the implementation of Section 498A of the Indian Penal Code, 1860 concerning cruelty against married women. CASE TYPE: Criminal Law, Matrimonial Disputes Case Name: Social Action Forum for Manav Adhikar & Anr. vs. Union of India, Ministry

Supreme Court Revisits Section 498A IPC: Safeguarding Women and Preventing Misuse (2018) Read Post »

Landmark Supreme Court Judgment Decriminalizes Homosexuality in India: Navtej Singh Johar vs. Union of India (2018)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, D.Y. Chandrachud, Dipak Misra, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 377, Indu Malhotra, Judges, R.F. Nariman

LEGAL ISSUE: Constitutional validity of Section 377 of the Indian Penal Code, 1860, specifically concerning consensual same-sex relations between adults. CASE TYPE: Criminal, Constitutional Law Case Name: Navtej Singh Johar & Ors. vs. Union of India [Judgment Date]: 6 September 2018 Date of the Judgment: 6 September 2018 Citation: (2018) 10 SCC 1 Judges: Dipak

Landmark Supreme Court Judgment Decriminalizes Homosexuality in India: Navtej Singh Johar vs. Union of India (2018) Read Post »

Supreme Court overturns contempt conviction for false affidavit: R.S. Sehrawat vs. Rajeev Malhotra (2018)

/ A.M. Khanwilkar, Contempt of Courts Act, 1971, Contempt of Courts Act, 1971 with Section 2(b), Criminal Contempt, Dipak Misra, Judges

Supreme Court overturns contempt conviction for false affidavit: R.S. Sehrawat vs. Rajeev Malhotra (2018) LEGAL ISSUE: Whether a contempt conviction for filing a false affidavit can be sustained when the affidavit is supported by contemporaneous official records and without a specific charge being framed. CASE TYPE: Contempt of Court/Criminal Case Name: R.S. Sehrawat vs. Rajeev

Supreme Court overturns contempt conviction for false affidavit: R.S. Sehrawat vs. Rajeev Malhotra (2018) Read Post »

Supreme Court directs Insurance Company to pay compensation with recovery rights in tractor accident case: Shivaraj vs. Rajendra (2018) INSC 771

/ A.M. Khanwilkar, Dipak Misra, Insurance Law, Judges, Motor Vehicle Accident Compensation, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 166

Supreme Court directs Insurance Company to pay compensation with recovery rights in tractor accident case: Shivaraj vs. Rajendra (2018) INSC 771 LEGAL ISSUE: Whether an insurance company is liable to pay compensation to a claimant injured while travelling in a tractor, which was insured for agricultural purposes only, and not for carrying goods or passengers.

Supreme Court directs Insurance Company to pay compensation with recovery rights in tractor accident case: Shivaraj vs. Rajendra (2018) INSC 771 Read Post »

Supreme Court clarifies insurer liability in cases of fake driving licenses: Ram Chandra Singh vs. Rajaram (2018)

/ A.M. Khanwilkar, Dipak Misra, Insurance Law, Judges, Liability of Insurers, Motor Insurance, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 149(2)(a)(ii)

Supreme Court clarifies insurer liability in cases of fake driving licenses: Ram Chandra Singh vs. Rajaram (2018) LEGAL ISSUE: Whether an insurance company can be absolved of liability in a motor accident claim if the driver of the offending vehicle had a fake driving license. CASE TYPE: Motor Accident Claim Case Name: Ram Chandra Singh

Supreme Court clarifies insurer liability in cases of fake driving licenses: Ram Chandra Singh vs. Rajaram (2018) Read Post »

Supreme Court Upholds Dismissal of Specific Performance Suit: Lakshmi Sreenivasa Cooperative Building Society vs. Puvvada Rama (2018)

/ A.M. Khanwilkar, Burden of Proof, Contract Law, D.Y. Chandrachud, Dipak Misra, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 114, Judges, Specific Performance, Specific Relief Act, 1963

Supreme Court Upholds Dismissal of Specific Performance Suit: Lakshmi Sreenivasa Cooperative Building Society vs. Puvvada Rama (2018) LEGAL ISSUE: Whether a suit for specific performance can be decreed when the execution of the underlying agreement is not proven. CASE TYPE: Civil (Specific Performance) Case Name: Lakshmi Sreenivasa Cooperative Building Society vs. Puvvada Rama (Dead) by

Supreme Court Upholds Dismissal of Specific Performance Suit: Lakshmi Sreenivasa Cooperative Building Society vs. Puvvada Rama (2018) Read Post »

Supreme Court directs Delhi High Court to Reconsider CBI Investigation Order in DGR Scam (31 July 2018)

/ A.M. Khanwilkar, Central Bureau of Investigation, Criminal Law, D.Y. Chandrachud, Delhi Special Police Establishment Act, 1946, Delhi Special Police Establishment Act, 1946 with Section 1946, Dipak Misra, Investigation, Judges, Preliminary Enquiry

Supreme Court directs Delhi High Court to Reconsider CBI Investigation Order in DGR Scam (31 July 2018) LEGAL ISSUE: Whether the Central Bureau of Investigation (CBI) should be directed to register a First Information Report (FIR) and investigate allegations of corruption and irregularities, even after a preliminary enquiry (PE) concluded no involvement of public servants

Supreme Court directs Delhi High Court to Reconsider CBI Investigation Order in DGR Scam (31 July 2018) Read Post »

Supreme Court clarifies insurer’s liability in motor accident claims: Rani vs. National Insurance Company Ltd. (2018)

/ A.M. Khanwilkar, D.Y. Chandrachud, Dipak Misra, Judges, Motor Accident Claims, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 149(2)(a)(i)(a)

Supreme Court clarifies insurer’s liability in motor accident claims: Rani vs. National Insurance Company Ltd. (2018) LEGAL ISSUE: Determining the liability of an insurance company when the vehicle involved in an accident lacks a valid permit for the area where the accident occurred. CASE TYPE: Motor Accident Claims Case Name: Rani & Ors. vs. National

Supreme Court clarifies insurer’s liability in motor accident claims: Rani vs. National Insurance Company Ltd. (2018) Read Post »

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