A S Bopanna

Supreme Court settles promotion criteria: ESIC Regulations prevail over DACP Scheme (January 20, 2022)

/ A S Bopanna, Constitutional Law, Constitutional Law with Article 14, Dhananjaya Y Chandrachud, Employees’ State Insurance Act, 1948, Employees’ State Insurance Act, 1948 with Section 17, Employees’ State Insurance Act, 1948 with Section 97, Judges, Promotion, Service Law, Service Regulations

Supreme Court Clarifies Applicability of DACP Scheme vs. ESIC Regulations in Promotions LEGAL ISSUE: Whether the Dynamic Assured Career Progression (DACP) Scheme or the Employees’ State Insurance Corporation (ESIC) Recruitment Regulations govern the promotion of Assistant Professors to Associate Professors. CASE TYPE: Service Law Case Name: The Employees’ State Insurance Corporation vs. Union of India […]

Supreme Court settles promotion criteria: ESIC Regulations prevail over DACP Scheme (January 20, 2022) Read Post »

Supreme Court Upholds OBC Reservation in NEET AIQ Seats; Defers EWS Criteria Decision (20 January 2022)

/ A S Bopanna, Constitutional Law, Constitutional Law with Article 15, Dhananjaya Y Chandrachud, Fundamental Rights, Judges

Supreme Court Upholds OBC Reservation in NEET AIQ Seats; Defers EWS Criteria Decision (20 January 2022) LEGAL ISSUE: Validity of Other Backward Classes (OBC) reservation and criteria for Economically Weaker Sections (EWS) in All India Quota (AIQ) seats for medical admissions. CASE TYPE: Education/Reservation Case Name: Neil Aurelio Nunes and Ors. vs. Union of India

Supreme Court Upholds OBC Reservation in NEET AIQ Seats; Defers EWS Criteria Decision (20 January 2022) Read Post »

Supreme Court Upholds NGT Order on Mount Abu Eco-Sensitive Zone: Pragnesh Shah vs. Dr. Arun Kumar Sharma (2022)

/ A S Bopanna, Dhananjaya Y Chandrachud, Environment (Protection) Act, 1986, Environment (Protection) Act, 1986 with Section 3, Judges, National Green Tribunal Act, 2010, National Green Tribunal Act, 2010 with Section 14, National Green Tribunal Act, 2010 with Section 15, National Green Tribunal Act, 2010 with Section 20

Supreme Court Upholds NGT Order on Mount Abu Eco-Sensitive Zone: Pragnesh Shah vs. Dr. Arun Kumar Sharma (2022) LEGAL ISSUE: Whether the National Green Tribunal (NGT) has the jurisdiction to direct amendments to a Zonal Master Plan (ZMP) within an Eco-Sensitive Zone (ESZ) and whether the NGT correctly applied the precautionary principle in upholding the

Supreme Court Upholds NGT Order on Mount Abu Eco-Sensitive Zone: Pragnesh Shah vs. Dr. Arun Kumar Sharma (2022) Read Post »

Supreme Court Upholds NGT Order on Mount Abu Eco-Sensitive Zone: Pragnesh Shah vs. Dr. Arun Kumar Sharma (12 January 2022)

/ A S Bopanna, Dhananjaya Y Chandrachud, Environment (Protection) Act, 1986, Environment (Protection) Act, 1986 with Section 3, Judges, National Green Tribunal Act, 2010, National Green Tribunal Act, 2010 with Section 14, National Green Tribunal Act, 2010 with Section 15, National Green Tribunal Act, 2010 with Section 20

Supreme Court Upholds NGT Order on Mount Abu Eco-Sensitive Zone: Pragnesh Shah vs. Dr. Arun Kumar Sharma (2022) Date of the Judgment: 12 January 2022 Citation: 2022 INSC 31 Judges: Dr. Justice Dhananjaya Y Chandrachud, J and A S Bopanna, J Can developmental activities be restricted in an area declared as an Eco-Sensitive Zone (ESZ)

Supreme Court Upholds NGT Order on Mount Abu Eco-Sensitive Zone: Pragnesh Shah vs. Dr. Arun Kumar Sharma (12 January 2022) Read Post »

Supreme Court Upholds NGT Order on Mount Abu Eco-Sensitive Zone: Pragnesh Shah vs. Dr. Arun Kumar Sharma (2022)

/ A S Bopanna, Dhananjaya Y Chandrachud, Eco-Sensitive Zones, Environment (Protection) Act, 1986, Environment (Protection) Act, 1986 with Section 3(2)(v), Environment (Protection) Act, 1986 with Section 3(2)(xiv), Judges, National Green Tribunal Act, 2010, National Green Tribunal Act, 2010 with Section 14, National Green Tribunal Act, 2010 with Section 15(1)(c), National Green Tribunal Act, 2010 with Section 20

Supreme Court Upholds NGT Order on Mount Abu Eco-Sensitive Zone: Pragnesh Shah vs. Dr. Arun Kumar Sharma (2022) LEGAL ISSUE: Whether the National Green Tribunal (NGT) has the jurisdiction to direct modifications to a Zonal Master Plan (ZMP) for an Eco-Sensitive Zone (ESZ) and whether the NGT correctly upheld the Expert Committee’s report recommending against

Supreme Court Upholds NGT Order on Mount Abu Eco-Sensitive Zone: Pragnesh Shah vs. Dr. Arun Kumar Sharma (2022) Read Post »

Supreme Court clarifies the process for determining Resolution Professional fees in Corporate Insolvency: Devarajan Raman vs. Bank of India Limited (05 January 2022)

/ A S Bopanna, Corporate Insolvency Resolution Process, Dhananjaya Y Chandrachud, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 60(5)(c), Insolvency Resolution Process Cost, Judges

Supreme Court Clarifies Resolution Professional Fee Determination in Insolvency Cases Date of the Judgment: 05 January 2022 Citation: Civil Appeal No 3160 of 2020 Judges: Dr Dhananjaya Y Chandrachud, J and A S Bopanna, J. Can an adjudicating authority arbitrarily reduce the fees of a Resolution Professional (RP) without proper justification? The Supreme Court of

Supreme Court clarifies the process for determining Resolution Professional fees in Corporate Insolvency: Devarajan Raman vs. Bank of India Limited (05 January 2022) Read Post »

Supreme Court clarifies the process for payment of Resolution Professional fees in Corporate Insolvency Cases: Devarajan Raman vs. Bank of India Limited (2022) INSC 142 (05 January 2022)

/ A S Bopanna, Corporate Insolvency Resolution Process, Dhananjaya Y Chandrachud, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 60(5)(c), Judges, Resolution Professional Fees

Supreme Court clarifies the process for payment of Resolution Professional fees in Corporate Insolvency Cases: Devarajan Raman vs. Bank of India Limited (2022) INSC 142 (05 January 2022) LEGAL ISSUE: The core legal issue revolves around the proper procedure for determining and disbursing the fees and costs of a Resolution Professional (RP) in a Corporate

Supreme Court clarifies the process for payment of Resolution Professional fees in Corporate Insolvency Cases: Devarajan Raman vs. Bank of India Limited (2022) INSC 142 (05 January 2022) Read Post »

Supreme Court clarifies Adjudicating Authority’s Role in Insolvency Petitions: E S Krishnamurthy vs. Bharath Hi Tech Builders (2021)

/ A S Bopanna, Corporate Insolvency Resolution Process, Dhananjaya Y Chandrachud, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 3(12), Insolvency and Bankruptcy Code, 2016 with Section 7, Judges

Supreme Court Clarifies Adjudicating Authority’s Role in Insolvency Petitions: E S Krishnamurthy vs. Bharath Hi Tech Builders (2021) LEGAL ISSUE: The core legal issue is whether the Adjudicating Authority under the Insolvency and Bankruptcy Code, 2016 (IBC) can dismiss a Section 7 petition for initiating the Corporate Insolvency Resolution Process (CIRP) solely because the corporate

Supreme Court clarifies Adjudicating Authority’s Role in Insolvency Petitions: E S Krishnamurthy vs. Bharath Hi Tech Builders (2021) Read Post »

Supreme Court Clarifies Compassionate Appointment Criteria: Union of India vs. Amrita Sinha (2021)

/ A S Bopanna, Compassionate Appointment, Dhananjaya Y Chandrachud, Family Pension, Judges, Service Law

Supreme Court Clarifies Compassionate Appointment Criteria: Union of India vs. Amrita Sinha (2021) LEGAL ISSUE: Whether family pension should be considered as part of the financial assessment for compassionate appointment. CASE TYPE: Service Law Case Name: Union of India & Ors vs. Amrita Sinha Judgment Date: 11 December 2021 Date of the Judgment: 11 December

Supreme Court Clarifies Compassionate Appointment Criteria: Union of India vs. Amrita Sinha (2021) Read Post »

Compassionate Appointment: Supreme Court sets aside High Court order on Junior Assistant Post (11 December 2021)

/ A S Bopanna, Compassionate Appointment, Constitutional Law, Constitutional Law with Article 226, Dhananjaya Y Chandrachud, Estoppel, Government Orders, Government Orders with GO Ms No 1499, Government Orders with GO Ms No 154, Judges, Retrospective Appointment, Service Law

Compassionate Appointment: Supreme Court sets aside High Court order on Junior Assistant Post LEGAL ISSUE: Whether a candidate who accepts a lower post on compassionate grounds, with an undertaking not to claim a higher post in the future, can later seek appointment to the higher post from the initial date of appointment. CASE TYPE: Service

Compassionate Appointment: Supreme Court sets aside High Court order on Junior Assistant Post (11 December 2021) Read Post »

Supreme Court clarifies insurance liability in hospital negligence case: Sheth M L Vaduwala Eye Hospital vs. Oriental Insurance Company Limited (2021) INSC 755

/ A S Bopanna, Consumer Law, Dhananjaya Y Chandrachud, Insurance Law, Judges, Negligence, Privity of Contract, Professional Indemnity Insurance

Supreme Court Clarifies Insurance Liability in Hospital Negligence Case: Sheth M L Vaduwala Eye Hospital vs. Oriental Insurance Company Limited (2021) INSC 755 Date of the Judgment: 11 December 2021 Citation: (2021) INSC 755 Judges: Dr Dhananjaya Y Chandrachud, J and A S Bopanna, J. Can an insurance company be held liable for the negligence

Supreme Court clarifies insurance liability in hospital negligence case: Sheth M L Vaduwala Eye Hospital vs. Oriental Insurance Company Limited (2021) INSC 755 Read Post »

Supreme Court settles Compensation Calculation Under Workmen’s Compensation Act: Shantilata Sethy vs. New India Assurance (2021)

/ A S Bopanna, Dhananjaya Y Chandrachud, Judges, Workmen's Compensation Act, 1923, Workmen's Compensation Act, 1923 with Section 2(m), Workmen's Compensation Act, 1923 with Section 4, Workmen's Compensation Act, 1923 with Section 4(A)

Supreme Court Settles Compensation Calculation Under Workmen’s Compensation Act: Shantilata Sethy vs. New India Assurance (2021) Date of the Judgment: 11 December 2021 Citation: 2021 INSC 753 Judges: Dr. Dhananjaya Y Chandrachud J and A S Bopanna J Can an insurance company dispute the salary of a deceased employee when the employer has already admitted

Supreme Court settles Compensation Calculation Under Workmen’s Compensation Act: Shantilata Sethy vs. New India Assurance (2021) Read Post »

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