Abhay Manohar Sapre

Supreme Court directs Civil Suit for Eviction in Property Dispute: Western Coalfields Ltd. vs. Ballapur Collieries (2018)

/ Abhay Manohar Sapre, Eviction, Eviction under Public Premises (Eviction of Unauthorized Occupation) Act, 1971, Indu Malhotra, Judges, Property Law, Property Law with Civil Suit, Public Premises (Eviction of Unauthorized Occupation) Act, 1971

Supreme Court directs Civil Suit for Eviction in Property Dispute: Western Coalfields Ltd. vs. Ballapur Collieries (2018) LEGAL ISSUE: Whether eviction proceedings under the Public Premises (Eviction of Unauthorized Occupation) Act, 1971 are appropriate when complex factual disputes exist regarding property occupation. CASE TYPE: Property Law, Eviction Case Name: Western Coalfields Ltd. & Anr. vs. […]

Supreme Court directs Civil Suit for Eviction in Property Dispute: Western Coalfields Ltd. vs. Ballapur Collieries (2018) Read Post »

Supreme Court defers decision on FCRA applicability in CBI vs. Pratap Chandra Reddy (2018)

/ Abhay Manohar Sapre, Applicability of Foreign Contribution (Regulation) Act, 1976, Foreign Contribution (Regulation) Act, 1976, Indian Penal Code, 1860, Indu Malhotra, Judges, Offences under Indian Penal Code, 1860

Supreme Court defers decision on FCRA applicability in CBI vs. Pratap Chandra Reddy (2018) LEGAL ISSUE: Applicability of the Foreign Contribution (Regulation) Act, 1976 (FCRA) in a case involving offences under the Indian Penal Code, 1860 (IPC). CASE TYPE: Criminal Law Case Name: C.B.I. vs. Pratap Chandra Reddy [Judgment Date]: December 11, 2018 Introduction Date

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Supreme Court Decides on Interest Payment in Settlement Agreement Dispute: State Trading Corporation of India Ltd. vs. Global Steel Holding Limited & Ors. (2018)

/ Abhay Manohar Sapre, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 73, Constitutional Law, Constitutional Law with Article 136, Constitutional Law with Article 142, Indu Malhotra, Judges

Supreme Court Decides on Interest Payment in Settlement Agreement Dispute: State Trading Corporation of India Ltd. vs. Global Steel Holding Limited & Ors. (2018) LEGAL ISSUE: Determination of interest payable on outstanding dues under a settlement agreement. CASE TYPE: Civil Dispute, Contract Law, Settlement Agreement Case Name: State Trading Corporation of India Ltd. vs. M/s

Supreme Court Decides on Interest Payment in Settlement Agreement Dispute: State Trading Corporation of India Ltd. vs. Global Steel Holding Limited & Ors. (2018) Read Post »

Supreme Court Upholds Conviction in Murder Case Based on Circumstantial Evidence: Surendra Singh vs. State of Uttarakhand (2018)

/ Abhay Manohar Sapre, Circumstantial Evidence, Criminal Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Indu Malhotra, Judges, Murder, Offences Against Property

Supreme Court Upholds Conviction in Murder Case Based on Circumstantial Evidence: Surendra Singh vs. State of Uttarakhand (2018) LEGAL ISSUE: Whether the conviction of the accused for murder based on circumstantial evidence was justified. CASE TYPE: Criminal Case Name: Surendra Singh & Anr. vs. State of Uttarakhand [Judgment Date]: 04 December 2018 Date of the

Supreme Court Upholds Conviction in Murder Case Based on Circumstantial Evidence: Surendra Singh vs. State of Uttarakhand (2018) Read Post »

Supreme Court enhances land compensation: Mallappa vs. Special Land Acquisition Officer (2018)

/ Abhay Manohar Sapre, Indu Malhotra, Judges, Karnataka Industrial Areas Development Act, 1966, Karnataka Industrial Areas Development Act, 1966 with Section 28

Supreme Court enhances land compensation: Mallappa vs. Special Land Acquisition Officer (2018) LEGAL ISSUE: Determination of fair market value for land acquired for public purposes. CASE TYPE: Land Acquisition Case Name: Mallappa Dead by L.Rs. & Ors. vs. The Special Land Acquisition Officer & Anr. Judgment Date: December 03, 2018 Date of the Judgment: December

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Supreme Court Upholds Dismissal, Clarifies ‘Wages’ Under UP Industrial Disputes Act: H.D. Sharma vs. Northern India Textile Research Association (2018)

/ Abhay Manohar Sapre, Indu Malhotra, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 2(rr), Industrial Disputes Act, 1947 with Section 33(2)(b), Judges, UP Industrial Disputes Act, 1947, UP Industrial Disputes Act, 1947 with Section 2(y), UP Industrial Disputes Act, 1947 with Section 6E(2)

Supreme Court Upholds Dismissal, Clarifies ‘Wages’ Under UP Industrial Disputes Act: H.D. Sharma vs. Northern India Textile Research Association (2018) LEGAL ISSUE: Interpretation of ‘wages’ under Section 2(y) and compliance with Section 6E(2) of the UP Industrial Disputes Act, 1947 regarding payment of one month’s wages before dismissal of a workman. CASE TYPE: Industrial Dispute

Supreme Court Upholds Dismissal, Clarifies ‘Wages’ Under UP Industrial Disputes Act: H.D. Sharma vs. Northern India Textile Research Association (2018) Read Post »

Supreme Court Upholds Termination of Employee Refusing Alternate Job: Manju Saxena vs. Union of India (2018)

/ Abhay Manohar Sapre, Indu Malhotra, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 2(oo), Industrial Disputes Act, 1947 with Section 25F, Judges, Retrenchment

Supreme Court Upholds Termination of Employee Refusing Alternate Job: Manju Saxena vs. Union of India (2018) LEGAL ISSUE: Whether an employee’s refusal to accept alternate job offers from the employer constitutes abandonment of service, thereby justifying termination. CASE TYPE: Industrial Dispute Case Name: Manju Saxena vs. Union of India & Anr. Judgment Date: 3rd December

Supreme Court Upholds Termination of Employee Refusing Alternate Job: Manju Saxena vs. Union of India (2018) Read Post »

Supreme Court Sets Aside High Court Order on Property Possession: Roshina T vs. Abdul Azeez K.T. (2018)

/ Abhay Manohar Sapre, Civil Law, Code of Civil Procedure, 1908, Constitutional Law, Constitutional Law with Article 226, Fundamental Rights, Indu Malhotra, Judges, Property Disputes

Supreme Court Sets Aside High Court Order on Property Possession: Roshina T vs. Abdul Azeez K.T. (2018) LEGAL ISSUE: Whether a writ petition under Article 226 of the Constitution of India is maintainable for resolving private property disputes. CASE TYPE: Civil Case Name: Roshina T vs. Abdul Azeez K.T. & Ors. Judgment Date: 03 December

Supreme Court Sets Aside High Court Order on Property Possession: Roshina T vs. Abdul Azeez K.T. (2018) Read Post »

Supreme Court Sets Aside Order for Not Hearing All Parties in Land Encroachment Case: Johra & Ors. vs. State of Haryana & Ors. (2018) INSC 1025 (03 December 2018)

/ Abhay Manohar Sapre, Civil Procedure, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 226, Indu Malhotra, Judges, Judicial Review, Natural Justice, Right to be Heard

Supreme Court Sets Aside Order for Not Hearing All Parties in Land Encroachment Case Date of the Judgment: 03 December 2018 Citation: (2018) INSC 1025 Judges: Abhay Manohar Sapre, J., Indu Malhotra, J. Can a court issue orders affecting parties without giving them a chance to be heard? The Supreme Court recently addressed this fundamental

Supreme Court Sets Aside Order for Not Hearing All Parties in Land Encroachment Case: Johra & Ors. vs. State of Haryana & Ors. (2018) INSC 1025 (03 December 2018) Read Post »

Supreme Court overturns dismissal of claim petition in motor accident case: Vimla Devi vs. National Insurance Company (2018)

/ Abhay Manohar Sapre, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 304A, Indu Malhotra, Judges, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 158, Motor Vehicles Act, 1988 with Section 166, Motor Vehicles Act, 1988 with Section 168

Supreme Court overturns dismissal of claim petition in motor accident case: Vimla Devi vs. National Insurance Company (2018) LEGAL ISSUE: Whether the Motor Accident Claims Tribunal and High Court were justified in dismissing a claim petition for want of evidence, despite the claimants producing sufficient evidence to prove the accident. CASE TYPE: Motor Accident Compensation.

Supreme Court overturns dismissal of claim petition in motor accident case: Vimla Devi vs. National Insurance Company (2018) Read Post »

Supreme Court Modifies Sentence in Abkari Act Case: Santosh Kumar vs. State of Kerala (2018)

/ Abhay Manohar Sapre, Abkari Act, Abkari Act with Section 55, Criminal Law, Indu Malhotra, Judges, Offences Related to Liquor, Sentencing

Supreme Court Modifies Sentence in Abkari Act Case: Santosh Kumar vs. State of Kerala (2018) LEGAL ISSUE: Whether the High Court was correct in its sentencing under Section 55(a) of the Abkari Act. CASE TYPE: Criminal Law Case Name: Santosh @ Santosh Kumar vs. State of Kerala [Judgment Date]: November 16, 2018 Date of the

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Supreme Court Restricts Employer’s Power to Add “Break in Service” as Punishment: Sri Ramnarayan Mills Ltd. vs. Coimbatore District Textile Workers Union (2018)

/ Abhay Manohar Sapre, Indu Malhotra, Industrial Disputes, Industrial Law, Judges, Payment of Gratuity Act, 1972, Payment of Gratuity Act, 1972 with Section 2(c), Standing Orders

Supreme Court Restricts Employer’s Power to Add “Break in Service” as Punishment: Sri Ramnarayan Mills Ltd. vs. Coimbatore District Textile Workers Union (2018) LEGAL ISSUE: Whether an employer can add “break in service” as a form of punishment in the certified standing orders. CASE TYPE: Industrial Dispute Case Name: The Management of Sri Ramnarayan Mills

Supreme Court Restricts Employer’s Power to Add “Break in Service” as Punishment: Sri Ramnarayan Mills Ltd. vs. Coimbatore District Textile Workers Union (2018) Read Post »

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