A.M. Khanwilkar

Supreme Court Upholds Rejection of Claims for Extra Work in Construction Contract: National Building Construction vs. State of Maharashtra (23 August 2017)

/ A.M. Khanwilkar, Appeals, Breach of contract, Civil Procedure, Contract Interpretation, Contract Law, Dipak Misra, Evidence, Judges, Pleadings, Terms and Conditions

Can a contractor claim additional payments for work beyond the original contract? The Supreme Court of India recently addressed this question in a case involving a construction contract dispute. The court examined whether a contractor was entitled to extra payments for stone pitching and water lead, ultimately ruling against the contractor. This judgment highlights the […]

Supreme Court Upholds Rejection of Claims for Extra Work in Construction Contract: National Building Construction vs. State of Maharashtra (23 August 2017) Read Post »

Supreme Court Reduces Sentence in Fatal Family Dispute Case: Madhavan vs. State of Tamil Nadu (2017)

/ A.M. Khanwilkar, Criminal Law, Culpable Homicide, Dipak Misra, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 147, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 304, Judges, Sentencing

LEGAL ISSUE: Proportionality of sentencing in criminal cases involving sudden altercations. CASE TYPE: Criminal Law Case Name: Madhavan & Ors vs. The State of Tamil Nadu Judgment Date: 14 August 2017 Date of the Judgment: 14 August 2017 Citation: 2017 INSC 701 Judges: Dipak Misra, J., A.M. Khanwilkar, J. Can a sentence be reduced if

Supreme Court Reduces Sentence in Fatal Family Dispute Case: Madhavan vs. State of Tamil Nadu (2017) Read Post »

Supreme Court Reduces Sentence in House Trespass and Grievous Hurt Case: Altab Gharami vs. State of West Bengal (2017)

/ A.M. Khanwilkar, Dipak Misra, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 326, Indian Penal Code, 1860 with Section 456, Judges, Mohan M. Shantanagoudar, Offences Against Human Body

LEGAL ISSUE: Determination of appropriate sentence for offences of house trespass and causing grievous hurt. CASE TYPE: Criminal Law Case Name: Altab Gharami @ Atlab SK & Anr. vs. The State of West Bengal [Judgment Date]: July 27, 2017 Date of the Judgment: July 27, 2017 Citation: 2017 INSC 681 Judges: Dipak Misra, A.M. Khanwilkar,

Supreme Court Reduces Sentence in House Trespass and Grievous Hurt Case: Altab Gharami vs. State of West Bengal (2017) Read Post »

Supreme Court Upholds Denial of Promotion Based on Medical Category: SGT Chaman Lal vs. Union of India (2017)

/ A.M. Khanwilkar, Amitava Roy, Dipak Misra, Judges, Medical Category, Persons with Disabilities Act, 1995, Persons with Disabilities Act, 1995 with Section 47, Promotion, Service Law

LEGAL ISSUE: Whether a person can be denied promotion due to being in a low medical category despite being empanelled for promotion and having a disability. CASE TYPE: Service Law Case Name: SGT Chaman Lal vs. Union of India and Others [Judgment Date]: July 25, 2017 Date of the Judgment: July 25, 2017 Citation: (2017)

Supreme Court Upholds Denial of Promotion Based on Medical Category: SGT Chaman Lal vs. Union of India (2017) Read Post »

Supreme Court prioritizes child’s welfare over comity of courts in custody battle: Nithya Anand Raghavan vs. State of NCT of Delhi (2017)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 14, Dipak Misra, Fundamental Rights, Guardians and Wards Act, 1890, Guardians and Wards Act, 1890 with Section 14, Guardianship, Judges, Mohan M. Shantanagoudar

LEGAL ISSUE: Whether the principle of comity of courts should override the paramount welfare of the child in international child custody disputes. CASE TYPE: Child Custody, Habeas Corpus Case Name: Nithya Anand Raghavan vs. State of NCT of Delhi & Anr. [Judgment Date]: July 3, 2017 Introduction Date of the Judgment: July 3, 2017 Citation:

Supreme Court prioritizes child’s welfare over comity of courts in custody battle: Nithya Anand Raghavan vs. State of NCT of Delhi (2017) Read Post »

Supreme Court: Ineligible Arbitrator Cannot Nominate Successor in Arbitration Cases (03 July 2017)

/ A.M. Khanwilkar, Appointment of Arbitrator, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 12, Dipak Misra, Judges, Mohan M. Shantanagoudar

LEGAL ISSUE: Whether an individual disqualified from acting as an arbitrator can nominate another arbitrator. CASE TYPE: Arbitration Law Case Name: TRF Ltd. vs. Energo Engineering Projects Ltd. Judgment Date: 03 July 2017 Introduction Date of the Judgment: 03 July 2017 Citation: Civil Appeal No. 5306 of 2017 (@ S.L.P. (C) NO. 22912 OF 2016)

Supreme Court: Ineligible Arbitrator Cannot Nominate Successor in Arbitration Cases (03 July 2017) Read Post »

Supreme Court Upholds Prosecution Despite Prior Central Insecticide Lab Analysis: Indofil Industries Ltd. vs. State of Punjab (2017)

/ A.M. Khanwilkar, Criminal Procedure Code, 1973, Criminal Procedure Code, 1973 with Section 482, Dipak Misra, Judges, The Insecticide Rules, 1971, The Insecticides Act, 1968, The Insecticides Act, 1968 with Section 22, The Insecticides Act, 1968 with Section 24

LEGAL ISSUE: Whether a prior analysis of a sample by the Central Insecticides Laboratory (CIL) before the filing of a formal complaint bars the accused’s right to have the sample re-analyzed by the CIL after the complaint is filed. CASE TYPE: Criminal Law – Insecticides Act Case Name: Indofil Industries Ltd. and Ors. vs. State

Supreme Court Upholds Prosecution Despite Prior Central Insecticide Lab Analysis: Indofil Industries Ltd. vs. State of Punjab (2017) Read Post »

Supreme Court to Reconsider Drug Quantity Calculation in NDPS Act Cases: Hira Singh vs. Union of India (2017)

/ A.M. Khanwilkar, Dipak Misra, Drug Quantity Calculation, Judges, Manufactured Drug, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 21

LEGAL ISSUE: Whether the quantity of a drug for determining punishment under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) should be based on the pure drug content or the total weight of the mixture. CASE TYPE: Criminal Law Case Name: Hira Singh & Anr. vs. Union of India & Anr. [Judgment Date]:

Supreme Court to Reconsider Drug Quantity Calculation in NDPS Act Cases: Hira Singh vs. Union of India (2017) Read Post »

Supreme Court Upholds Gift Deed and Eviction: D.N. Joshi vs. D.C. Harris (2017)

/ A.M. Khanwilkar, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Gift (Hiba), Judges, Muslim Law, Order XLI of CPC, Order XLII of CPC, R. Banumathi, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 106, Transfer of Property Act, 1882 with Section 111, Transfer of Property Act, 1882 with Section 129

LEGAL ISSUE: Validity of a gift deed under Muslim Law and its effect on property ownership. CASE TYPE: Civil (Property Law, Eviction) Case Name: D. N. Joshi (D) Thr. LRs. & Others vs. D.C. Harris & Another [Judgment Date]: July 3, 2017 Introduction Date of the Judgment: July 3, 2017 Citation: (2017) INSC 588 Judges:

Supreme Court Upholds Gift Deed and Eviction: D.N. Joshi vs. D.C. Harris (2017) Read Post »

Supreme Court Upholds University Autonomy in Medical College Affiliation: Maharishi Markandeshwar Medical College & Hospital vs. State of Himachal Pradesh (28 April 2017)

/ A.M. Khanwilkar, Dipak Misra, Himachal Pradesh Private Medical Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006, Himachal Pradesh Private Medical Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006 with Section 3(6a), Himachal Pradesh Private Medical Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006 with Section 3(6b), Judges, Maharishi Markandeshwar University (Establishment and Regulation) Act, 2010, Maharishi Markandeshwar University (Establishment and Regulation) Act, 2010 with Section 7, Mohan M. Shantanagoudar

Date of the Judgment: 28 April 2017 Citation: 2017 INSC 410 Judges: Dipak Misra, A.M. Khanwilkar, Mohan M. Shantanagoudar Can a state government force a medical college, which is a part of a private university, to get affiliation from another state university? The Supreme Court of India addressed this crucial question regarding the autonomy of

Supreme Court Upholds University Autonomy in Medical College Affiliation: Maharishi Markandeshwar Medical College & Hospital vs. State of Himachal Pradesh (28 April 2017) Read Post »

Supreme Court Upholds Conviction for Abetment of Suicide in Eve-Teasing Case: Pawan Kumar vs. State of H.P. (28 April 2017)

/ A.M. Khanwilkar, Dipak Misra, Evidence Act, 1872, Evidence Act, 1872 with Section 32, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 107, Indian Penal Code, 1860 with Section 306, Judges, Mohan M. Shantanagoudar, Offences Against Human Body

Can persistent eve-teasing and harassment lead to a conviction for abetment of suicide? The Supreme Court of India recently addressed this critical question in the case of Pawan Kumar vs. State of H.P.. The court examined whether the accused’s actions created a situation that left the victim with no option but to end her life.

Supreme Court Upholds Conviction for Abetment of Suicide in Eve-Teasing Case: Pawan Kumar vs. State of H.P. (28 April 2017) Read Post »

Supreme Court Orders Fresh Inspection for Medical College: Subharti Medical College vs. Union of India (2017)

/ A.M. Khanwilkar, D.Y. Chandrachud, Dipak Misra, Inspection of Medical Colleges, Judges, Medical College Recognition, Medical Council of India Act, 1956, Medical Education Law

Can a medical college be denied an increase in seats based on a single inspection report? The Supreme Court of India addressed this question in a case involving Subharti Medical College. The court ordered a fresh inspection, highlighting the importance of thorough verification in such matters. This case falls under the ambit of medical education

Supreme Court Orders Fresh Inspection for Medical College: Subharti Medical College vs. Union of India (2017) Read Post »

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