A.S. Bopanna

Supreme Court Clarifies Mortgage by Conditional Sale: Sopan vs. Syed Nabi (2019)

/ A.S. Bopanna, Judges, Mortgage by Conditional Sale, R. Banumathi, Redemption of Mortgage, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 58(c)

Supreme Court Clarifies Mortgage by Conditional Sale: Sopan vs. Syed Nabi (2019) Date of the Judgment: July 16, 2019 The Supreme Court of India addressed a critical question regarding the interpretation of sale deeds and related agreements in the context of mortgage by conditional sale. The core issue revolved around whether a sale deed, accompanied […]

Supreme Court Clarifies Mortgage by Conditional Sale: Sopan vs. Syed Nabi (2019) Read Post »

Supreme Court Upholds Inspection Authority under PC and PNDT Act: State of Orissa vs. Mamata Sahoo (2019)

/ A.S. Bopanna, Appropriate Authority, Code of Criminal Procedure, Code of Criminal Procedure with Section 482, Judges, Pre-Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Pre-Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 with Section 28, R. Banumathi

Supreme Court Upholds Inspection Authority under PC and PNDT Act: State of Orissa vs. Mamata Sahoo (2019) LEGAL ISSUE: Whether a Tehsildar, authorized by the District Magistrate, can conduct inspections under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. CASE TYPE: Criminal Case Name: State of Orissa vs. Mamata Sahoo &

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Supreme Court Invalidates Differential Pension Based on Cut-off Date: All Manipur Pensioners Association vs. State of Manipur (2019)

/ A.S. Bopanna, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Judges, M.R. Shah, Pension Law, Service Law

Supreme Court Invalidates Differential Pension Based on Cut-off Date: All Manipur Pensioners Association vs. State of Manipur (2019) LEGAL ISSUE: Whether a cut-off date can be used to create two classes of pensioners for differential pension benefits, violating Article 14 of the Constitution of India. CASE TYPE: Service Law/Pension Law Case Name: All Manipur Pensioners

Supreme Court Invalidates Differential Pension Based on Cut-off Date: All Manipur Pensioners Association vs. State of Manipur (2019) Read Post »

Supreme Court Clarifies Status of Private School Management Committees Under Article 12: Trigun Chand Thakur vs. State of Bihar (2019)

/ A.S. Bopanna, Constitutional Law, Constitutional Law with Article 12, Constitutional Law with Article 226, Judges, R. Banumathi, Service Law, Termination of Service

Supreme Court Clarifies Status of Private School Management Committees Under Article 12: Trigun Chand Thakur vs. State of Bihar (2019) LEGAL ISSUE: Whether a management committee of a private school is considered “State” under Article 12 of the Constitution of India. CASE TYPE: Service Law Case Name: Trigun Chand Thakur vs. State of Bihar &

Supreme Court Clarifies Status of Private School Management Committees Under Article 12: Trigun Chand Thakur vs. State of Bihar (2019) Read Post »

Supreme Court Reduces Murder Conviction to Culpable Homicide in Sudden Fight Case: Sita Ram vs. State of NCT of Delhi (2019)

/ A.S. Bopanna, Criminal Law, Culpable Homicide, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 300, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 304, Judges, Murder, R. Banumathi, Sudden Fight

Supreme Court Reduces Murder Conviction to Culpable Homicide in Sudden Fight Case: Sita Ram vs. State of NCT of Delhi (2019) Introduction Date of the Judgment: July 9, 2019 Citation: Sita Ram vs. State of NCT of Delhi, Criminal Appeal No(s). 1014 of 2019 (Arising out of SLP(Crl.) No(s).9396 of 2018) Judges: Justice R. Banumathi

Supreme Court Reduces Murder Conviction to Culpable Homicide in Sudden Fight Case: Sita Ram vs. State of NCT of Delhi (2019) Read Post »

Supreme Court Directs Payment of Damages in Public Premises Eviction Case: Bengal Chemicals vs. Ajit Nain (2019)

/ A.S. Bopanna, Judges, Lease Agreements, Property Law, Public Premises, Public Premises (Eviction of Unauthorized Occupants) Act, 1971, Public Premises (Eviction of Unauthorized Occupants) Act, 1971 with Section 2(e), Public Premises (Eviction of Unauthorized Occupants) Act, 1971 with Section 5(1), Public Premises (Eviction of Unauthorized Occupants) Act, 1971 with Section 7(2) and 7(2A), R. Banumathi

Supreme Court Directs Payment of Damages in Public Premises Eviction Case: Bengal Chemicals vs. Ajit Nain (2019) Date of the Judgment: July 9, 2019 Citation: 2019 INSC 692 Judges: R. Banumathi, J. and A.S. Bopanna, J. Can a tenant, whose lease has expired, continue to occupy a public premise without paying rent? The Supreme Court

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Supreme Court Upholds Dismissal for Cowardice but Sets Aside Imprisonment in Army Act Case: Dalbir Singh vs. Union of India (2019) INSC 650 (02 July 2019)

/ A.S. Bopanna, Army Act, 1950, Army Act, 1950 with Section 34(c), Court Martial, Disciplinary Proceedings, Judges, M.R. Shah, Military Law

Supreme Court Upholds Dismissal for Cowardice but Sets Aside Imprisonment in Army Act Case Date of the Judgment: 02 July 2019 Citation: (2019) INSC 650 Judges: M.R. Shah, J. and A.S. Bopanna, J. Can a soldier be dismissed for not retaliating against militants and abandoning his post during an attack? The Supreme Court of India

Supreme Court Upholds Dismissal for Cowardice but Sets Aside Imprisonment in Army Act Case: Dalbir Singh vs. Union of India (2019) INSC 650 (02 July 2019) Read Post »

Supreme Court Revises Conviction in Fatal Free Fight Case: State of Madhya Pradesh vs. Kalicharan & Ors. (2019)

/ A.S. Bopanna, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 304, Judges, M. R. Shah, Offences Against Human Body

Supreme Court Revises Conviction in Fatal Free Fight Case: State of Madhya Pradesh vs. Kalicharan & Ors. (2019) LEGAL ISSUE: Whether the High Court was correct in altering the conviction of one of the accused from culpable homicide amounting to murder to culpable homicide not amounting to murder, given the nature of the injury and

Supreme Court Revises Conviction in Fatal Free Fight Case: State of Madhya Pradesh vs. Kalicharan & Ors. (2019) Read Post »

Supreme Court Upholds Conviction in Murder Case: Kamlakar vs. State of Maharashtra (2019)

/ A.S. Bopanna, Criminal Conviction, Criminal Law, Criminal Procedure, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, M.R. Shah, Offences Against Human Body

Supreme Court Upholds Conviction in Murder Case: Kamlakar vs. State of Maharashtra (2019) LEGAL ISSUE: Whether the conviction of the accused for murder based on eyewitness testimony and recovery of the weapon was justified. CASE TYPE: Criminal. Case Name: Kamlakar vs. State of Maharashtra. Judgment Date: May 31, 2019 Date of the Judgment: May 31,

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