A.S. Bopanna

Supreme Court Upholds Striking of Prayer for Declaring Election Petitioner as Duly Elected: Muniraju Gowda vs. Munirathna (2020)

/ A.S. Bopanna, Judges, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 100, Representation of the People Act, 1951 with Section 101, Representation of the People Act, 1951 with Section 83, S.A. Bobde, V. Ramasubramanian

Supreme Court Upholds Striking of Prayer for Declaring Election Petitioner as Duly Elected: Muniraju Gowda vs. Munirathna (2020) LEGAL ISSUE: Whether an election petitioner can be declared elected in place of a disqualified returned candidate when there were multiple candidates in the fray and the election petition lacks material facts to support such a declaration. […]

Supreme Court Upholds Striking of Prayer for Declaring Election Petitioner as Duly Elected: Muniraju Gowda vs. Munirathna (2020) Read Post »

Supreme Court Vacates Status Quo Order in Land Dispute: Hanumappa vs. State of Karnataka (2020)

/ A.S. Bopanna, Civil Procedure, Interim Orders, Judges, Karnataka Land Reforms Act, 1961, Land Law, S. A. Bobde, Special Leave Petition, Tenancy Disputes, V. Ramasubramanian

Supreme Court Vacates Status Quo Order in Land Dispute: Hanumappa vs. State of Karnataka (2020) LEGAL ISSUE: Whether a status quo order should continue in a land dispute where a tenant’s claim is contested and the land’s nature has changed. CASE TYPE: Land Dispute/Tenancy Case Name: Hanumappa (Since Deceased) by His Lrs. & Ors. vs.

Supreme Court Vacates Status Quo Order in Land Dispute: Hanumappa vs. State of Karnataka (2020) Read Post »

Supreme Court Clarifies Restrictions on Agricultural Land Transfers via Wills: Vinodchandra Sakarlal Kapadia vs. State of Gujarat (2020)

/ A.S. Bopanna, Bombay Tenancy and Agricultural Lands Act, 1948, Bombay Tenancy and Agricultural Lands Act, 1948 with Section 43, Bombay Tenancy and Agricultural Lands Act, 1948 with Section 63, Indian Succession Act, 1925, Indu Malhotra, Judges, Restrictions on Land Transfer, Testamentary Disposition, Uday Umesh Lalit

Supreme Court Clarifies Restrictions on Agricultural Land Transfers via Wills: Vinodchandra Sakarlal Kapadia vs. State of Gujarat (2020) LEGAL ISSUE: Whether agricultural land can be transferred to a non-agriculturist through a will under the Bombay Tenancy and Agricultural Lands Act, 1948. CASE TYPE: Land Law, Tenancy Law Case Name: Vinodchandra Sakarlal Kapadia etc. vs. State

Supreme Court Clarifies Restrictions on Agricultural Land Transfers via Wills: Vinodchandra Sakarlal Kapadia vs. State of Gujarat (2020) Read Post »

Supreme Court clarifies Voluntary Retirement vs. Resignation in Rajasthan State Road Transport Corporation Case (15 April 2020)

/ A.S. Bopanna, Judges, Payment of Gratuity Act, 1972, Payment of Gratuity Act, 1972 with Section 4(1)(b), R. Banumathi, Rajasthan Civil Services Pension Rules, 1996, Rajasthan Civil Services Pension Rules, 1996 with Rule 50, Resignation, Service Law, Voluntary Retirement

Supreme Court clarifies Voluntary Retirement vs. Resignation in Rajasthan State Road Transport Corporation Case LEGAL ISSUE: Whether an employee’s application for voluntary retirement, if not explicitly accepted, can be deemed accepted, especially when followed by a resignation. CASE TYPE: Service Law Case Name: Rajasthan State Road Transport Corporation Ltd. & Ors. vs. Smt. Mohani Devi

Supreme Court clarifies Voluntary Retirement vs. Resignation in Rajasthan State Road Transport Corporation Case (15 April 2020) Read Post »

Supreme Court Upholds Rejection of Mercy Petition in Pawan Kumar Gupta v. State of NCT of Delhi (20 March 2020)

/ A.S. Bopanna, Ashok Bhushan, Constitutional Law, Constitutional Law with Article 72, Criminal Law, Judges, Judicial Review, Juvenility Claim, Mercy Petition, R. Banumathi

Supreme Court Upholds Rejection of Mercy Petition in Pawan Kumar Gupta v. State of NCT of Delhi (2020) LEGAL ISSUE: Whether the President of India’s rejection of a mercy petition can be judicially reviewed, and whether the petitioner’s claim of juvenility was validly rejected. CASE TYPE: Criminal Case Name: Pawan Kumar Gupta v. State of

Supreme Court Upholds Rejection of Mercy Petition in Pawan Kumar Gupta v. State of NCT of Delhi (20 March 2020) Read Post »

Supreme Court Upholds Passport Deposit Order in Property Dispute: Shyam Sahni vs. Arjun Prakash (2020)

/ A.S. Bopanna, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order XXXIX Rule 2A, Contempt of Courts Act, Contempt of Courts Act with Section 12, Contempt Proceedings, Judges, Order XXXIX Rule 2A, R. Banumathi

Supreme Court Upholds Passport Deposit Order in Property Dispute: Shyam Sahni vs. Arjun Prakash (2020) LEGAL ISSUE: Whether a court can direct a party to deposit their passport to ensure their presence in contempt proceedings for not adhering to undertakings given to the court. CASE TYPE: Civil Contempt, Property Dispute Case Name: Shyam Sahni vs.

Supreme Court Upholds Passport Deposit Order in Property Dispute: Shyam Sahni vs. Arjun Prakash (2020) Read Post »

Supreme Court Dismisses Mukesh’s Plea in Delhi Gang Rape Case: A Review of Exhausted Legal Avenues (19 March 2020)

/ A.S. Bopanna, Ashok Bhushan, Constitutional Law, Constitutional Law with Article 32, Fundamental Rights, Judges, R. Banumathi

Supreme Court Dismisses Mukesh’s Plea in Delhi Gang Rape Case: A Review of Exhausted Legal Avenues (2020) Date of the Judgment: 19 March 2020 The Supreme Court of India, in this judgment, addressed a writ petition filed by Mukesh, a convict in the Delhi gang rape case, after multiple previous legal challenges. The core issue

Supreme Court Dismisses Mukesh’s Plea in Delhi Gang Rape Case: A Review of Exhausted Legal Avenues (19 March 2020) Read Post »

Supreme Court Upholds Rejection of Mercy Petition: Akshay Kumar Singh v. Union of India (2020)

/ A.S. Bopanna, Ashok Bhushan, Constitutional Law, Constitutional Law with Article 72, Criminal Law, Death Penalty, Judges, Judicial Review, Prison Law, R. Banumathi

Supreme Court Upholds Rejection of Mercy Petition in Akshay Kumar Singh v. Union of India (2020) LEGAL ISSUE: Scope of Judicial Review of Presidential Rejection of Mercy Petitions CASE TYPE: Criminal Case Name: Akshay Kumar Singh v. Union of India & Ors. Judgment Date: 19 March 2020 Date of the Judgment: 19 March 2020 Citation:

Supreme Court Upholds Rejection of Mercy Petition: Akshay Kumar Singh v. Union of India (2020) Read Post »

Supreme Court Revises Land Compensation in Maharashtra Acquisition Case: Sajan vs. State of Maharashtra (2020)

/ A.S. Bopanna, Eminent Domain, Judges, Land Acquisition Act, 1984, Land Acquisition Act, 1984 with Section 18, Land Acquisition Act, 1984 with Section 4, Land Acquisition Act, 1984 with Section 6, Land Valuation, Property Law, R. Banumathi

Supreme Court Revises Land Compensation in Maharashtra Acquisition Case Date of the Judgment: March 17, 2020 Citation: (2020) INSC 2170-2171 Judges: R. Banumathi, J. and A.S. Bopanna, J. How should compensation be calculated when land acquired for a project includes both agricultural and non-agricultural areas? The Supreme Court of India recently addressed this question in

Supreme Court Revises Land Compensation in Maharashtra Acquisition Case: Sajan vs. State of Maharashtra (2020) Read Post »

Supreme Court clarifies seat of arbitration in international commercial disputes: Mankastu Impex Private Limited vs. Airvisual Limited (2020) INSC 196 (05 March 2020)

/ A.S. Bopanna, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 2(2), Constitutional Law, Constitutional Law with Article 141, Hrishikesh Roy, International Commercial Arbitration, Judges, R. Banumathi

Supreme Court clarifies seat of arbitration in international commercial disputes Date of the Judgment: 05 March 2020 Citation: (2020) INSC 196 Judges: R. Banumathi, J., A.S. Bopanna, J., Hrishikesh Roy, J. Can a clause specifying the “place of arbitration” in a contract also determine the “seat” of arbitration, especially in international commercial disputes? The Supreme

Supreme Court clarifies seat of arbitration in international commercial disputes: Mankastu Impex Private Limited vs. Airvisual Limited (2020) INSC 196 (05 March 2020) Read Post »

Supreme Court Clarifies Financial Upgradation Under MACP Scheme: Union of India vs. M.V. Mohanan Nair (2020)

/ A.S. Bopanna, Assured Career Progression (ACP) Scheme, Central Civil Services (Revised Pay) Rules, 2008, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 141, Hrishikesh Roy, Judges, Modified Assured Career Progression (MACP) Scheme, R. Banumathi, Service Law

Supreme Court Clarifies Financial Upgradation Under MACP Scheme: Union of India vs. M.V. Mohanan Nair (2020) LEGAL ISSUE: Whether the Modified Assured Career Progression (MACP) Scheme entitles financial upgradation to the next grade pay or to the grade pay of the next promotional hierarchy. CASE TYPE: Service Law Case Name: Union of India and Others

Supreme Court Clarifies Financial Upgradation Under MACP Scheme: Union of India vs. M.V. Mohanan Nair (2020) Read Post »

Supreme Court clarifies the forum for recovery of dues in nationalized textile undertakings: UCO Bank vs. National Textile Corporation Ltd. (2020)

/ A.S. Bopanna, Arbitration Law, Debt Recovery, Debts Recovery Tribunal (DRT), Hrishikesh Roy, Judges, Permanent Machinery of Arbitrators (PMA), R. Banumathi, Textile Law, Textile Undertakings (Nationalisation) Act, 1995, Textile Undertakings (Nationalisation) Act, 1995 with Section 4(2), Textile Undertakings (Nationalisation) Act, 1995 with Section 4(5)

Supreme Court clarifies the forum for recovery of dues in nationalized textile undertakings: UCO Bank vs. National Textile Corporation Ltd. (2020) LEGAL ISSUE: Determining the appropriate forum for resolving disputes regarding liabilities of a nationalized textile undertaking. CASE TYPE: Civil Appellate Jurisdiction Case Name: UCO Bank vs. National Textile Corporation Ltd. & Anr. Judgment Date:

Supreme Court clarifies the forum for recovery of dues in nationalized textile undertakings: UCO Bank vs. National Textile Corporation Ltd. (2020) Read Post »

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