Abhay Manohar Sapre

Supreme Court Remands Eviction Case Due to Procedural Error: Arulmighu Nellukadai Mariamman Tirukkoil vs. Tamilarasi (Dead) (2019)

/ Abhay Manohar Sapre, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Dinesh Maheshwari, Judges

Supreme Court Remands Eviction Case Due to Procedural Error: Arulmighu Nellukadai Mariamman Tirukkoil vs. Tamilarasi (Dead) (2019) LEGAL ISSUE: Procedural compliance in second appeals before the High Court. CASE TYPE: Civil Case Name: Arulmighu Nellukadai Mariamman Tirukkoil vs. Tamilarasi (Dead) By LRs. [Judgment Date]: May 7, 2019 Date of the Judgment: May 7, 2019 Citation: […]

Supreme Court Remands Eviction Case Due to Procedural Error: Arulmighu Nellukadai Mariamman Tirukkoil vs. Tamilarasi (Dead) (2019) Read Post »

Supreme Court Stays Criminal Complaint Based on Sub-Judice Order: Hanumant Dinkar Arjun vs. Suresh R. Andhare (2019) INSC 399

/ Abhay Manohar Sapre, Bombay Police Act, 1951, Bombay Police Act, 1951 with Section 25, Dinesh Maheshwari, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 166, Indian Penal Code, 1860 with Section 167, Indian Penal Code, 1860 with Section 201, Judges

Supreme Court Stays Criminal Complaint Based on Sub-Judice Order: Hanumant Dinkar Arjun vs. Suresh R. Andhare (2019) INSC 399 LEGAL ISSUE: Whether a criminal complaint can be initiated based on observations made in a judgment that is itself under appeal. CASE TYPE: Criminal Case Name: Shri Hanumant Dinkar Arjun vs. Shri Suresh R. Andhare &

Supreme Court Stays Criminal Complaint Based on Sub-Judice Order: Hanumant Dinkar Arjun vs. Suresh R. Andhare (2019) INSC 399 Read Post »

Supreme Court Remands Land Transfer Case for Fresh Review: Bikkina Rama Rao vs. Special Deputy Tahsildar (2019)

/ Abhay Manohar Sapre, Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959, Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 with Section 2(g), Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 with Section 3(1)(a), Dinesh Maheshwari, Judges, Land Transfer

Supreme Court Remands Land Transfer Case for Fresh Review: Bikkina Rama Rao vs. Special Deputy Tahsildar (2019) LEGAL ISSUE: Whether the sale deeds were executed in contravention of the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959. CASE TYPE: Land Transfer Regulation Case Name: Bikkina Rama Rao & Ors. vs. The Special Deputy Tahsildar (Tribal

Supreme Court Remands Land Transfer Case for Fresh Review: Bikkina Rama Rao vs. Special Deputy Tahsildar (2019) Read Post »

Supreme Court Remands Income Tax Appeals for Fresh Hearing: Ryatar Sahakari Sakkarre Karkhane Niyamit vs. Asst. Commissioner of Income Tax (2019)

/ Abhay Manohar Sapre, Appellate Procedure, Dinesh Maheshwari, High Court Appeals, Income Tax Act, 1961, Income Tax Act, 1961 with Section 260A, Judges

Supreme Court Remands Income Tax Appeals for Fresh Hearing: Ryatar Sahakari Sakkarre Karkhane Niyamit vs. Asst. Commissioner of Income Tax (2019) LEGAL ISSUE: Procedure for framing questions of law in appeals before the High Court under Section 260A of the Income Tax Act, 1961. CASE TYPE: Income Tax Appellate Case Name: Ryatar Sahakari Sakkarre Karkhane

Supreme Court Remands Income Tax Appeals for Fresh Hearing: Ryatar Sahakari Sakkarre Karkhane Niyamit vs. Asst. Commissioner of Income Tax (2019) Read Post »

Supreme Court overturns High Court on Adverse Possession: Mallikarjunaiah vs. Nanjaiah (26 April 2019)

/ Abhay Manohar Sapre, Adverse Possession, Dinesh Maheshwari, Judges, Limitation Act, Limitation Act with Article 65, Property Law

Supreme Court overturns High Court on Adverse Possession: Mallikarjunaiah vs. Nanjaiah (2019) LEGAL ISSUE: Whether the High Court was correct in holding that the defendants had acquired ownership of the suit land through adverse possession. CASE TYPE: Civil Law – Property Dispute Case Name: Mallikarjunaiah vs. Nanjaiah & Ors. Judgment Date: 26 April 2019 Introduction

Supreme Court overturns High Court on Adverse Possession: Mallikarjunaiah vs. Nanjaiah (26 April 2019) Read Post »

Supreme Court directs fresh consideration of sentence suspension in corruption case: N. Ramamurthy vs. State (2019) INSC 391 (26 April 2019)

/ Abhay Manohar Sapre, Code of Criminal Procedure, Code of Criminal Procedure with Section 389, Dinesh Maheshwari, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 409, Indian Penal Code, 1860 with Section 420, Judges, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(1)(c), Prevention of Corruption Act, 1988 with Section 13(2), Suspension of Sentence

Supreme Court directs fresh consideration of sentence suspension in corruption case Date of the Judgment: 26 April 2019 Citation: (2019) INSC 391 Judges: Abhay Manohar Sapre, J., Dinesh Maheshwari, J. Can a High Court deny suspension of sentence by incorrectly calculating the total imprisonment period? The Supreme Court recently addressed this question in a case

Supreme Court directs fresh consideration of sentence suspension in corruption case: N. Ramamurthy vs. State (2019) INSC 391 (26 April 2019) Read Post »

Supreme Court orders fresh hearing on exploration license: Trimex Sands vs. Union of India (25 April 2019)

/ Abhay Manohar Sapre, Constitutional Law, Constitutional Law with Article 226, Dinesh Maheshwari, Judges

Supreme Court orders fresh hearing on exploration license: Trimex Sands vs. Union of India (2019) LEGAL ISSUE: Whether the High Court was right in setting aside the order of the Union of India based on an incorrect statement made by its counsel. CASE TYPE: Mining Law, Writ Jurisdiction Case Name: M/s Trimex Sands Pvt. Limited

Supreme Court orders fresh hearing on exploration license: Trimex Sands vs. Union of India (25 April 2019) Read Post »

Supreme Court Upholds Compensation in Motor Accident Case: National Insurance Company Ltd. vs. Mannat Johal & Ors. (23 April 2019)

/ Abhay Manohar Sapre, Dinesh Maheshwari, Judges, Just Compensation, Motor Accident Compensation, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 168

Supreme Court Upholds Compensation in Motor Accident Case: National Insurance Company Ltd. vs. Mannat Johal & Ors. (2019) LEGAL ISSUE: Whether the compensation awarded by the High Court was just and adequate in a motor vehicle accident claim. CASE TYPE: Motor Vehicle Accident Compensation Case Name: National Insurance Company Ltd. vs. Mannat Johal & Ors.

Supreme Court Upholds Compensation in Motor Accident Case: National Insurance Company Ltd. vs. Mannat Johal & Ors. (23 April 2019) Read Post »

Supreme Court remands FEMA violation case: Maars Software vs. Union of India (22 April 2019)

/ Abhay Manohar Sapre, Dinesh Maheshwari, Foreign Exchange Management Act, 1999, Foreign Exchange Management Act, 1999 with Section 35, Foreign Exchange Management Act, 1999 with Section 8, Foreign Exchange Regulations, Judges

Supreme Court remands FEMA violation case: Maars Software vs. Union of India (2019) LEGAL ISSUE: Whether the High Court correctly assessed the evidence related to Foreign Exchange Management Act (FEMA) violations. CASE TYPE: Foreign Exchange Regulation Case Name: Maars Software International Ltd. & Anr. vs. Union of India & Ors. Judgment Date: 22 April 2019

Supreme Court remands FEMA violation case: Maars Software vs. Union of India (22 April 2019) Read Post »

Supreme Court Remands Second Appeal for Fresh Hearing: Ranjit Kumar Karmakar vs. Hari Shankar Das (2019)

/ Abhay Manohar Sapre, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Dinesh Maheshwari, Judges, Second Appeal

Supreme Court Remands Second Appeal for Fresh Hearing: Ranjit Kumar Karmakar vs. Hari Shankar Das (2019) Date of the Judgment: April 16, 2019 Citation: 2019 INSC 386 Judges: Abhay Manohar Sapre, J., Dinesh Maheshwari, J. Can a High Court, in a second appeal, decide the case without addressing the substantial questions of law it initially

Supreme Court Remands Second Appeal for Fresh Hearing: Ranjit Kumar Karmakar vs. Hari Shankar Das (2019) Read Post »

Supreme Court Remands Income Tax Case: Proper Framing of Questions of Law Required (2019)

/ Abhay Manohar Sapre, Dinesh Maheshwari, Income Tax Act, 1961, Income Tax Act, 1961 with Section 147, Income Tax Act, 1961 with Section 148, Income Tax Act, 1961 with Section 260A, Judges

Supreme Court Remands Income Tax Case: Proper Framing of Questions of Law Required (2019) LEGAL ISSUE: The core legal issue revolves around the High Court’s procedure in dealing with appeals under Section 260A of the Income Tax Act, 1961, specifically regarding the framing of substantial questions of law. CASE TYPE: Income Tax Appeal Case Name:

Supreme Court Remands Income Tax Case: Proper Framing of Questions of Law Required (2019) Read Post »

Supreme Court Orders Examination of Witness in Dowry Death Case: Manju Devi vs. State of Rajasthan (2019)

/ Abhay Manohar Sapre, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 284, Code of Criminal Procedure, 1973 with Section 285, Code of Criminal Procedure, 1973 with Section 311, Dinesh Maheshwari, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 304-B, Indian Penal Code, 1860 with Section 498-A, Judges

Supreme Court Orders Examination of Witness in Dowry Death Case: Manju Devi vs. State of Rajasthan (2019) LEGAL ISSUE: Whether a trial court can reject an application to summon a material witness in a dowry death case based on the delay in the trial. CASE TYPE: Criminal Case Name: Manju Devi vs. State of Rajasthan

Supreme Court Orders Examination of Witness in Dowry Death Case: Manju Devi vs. State of Rajasthan (2019) Read Post »

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