Abhay Manohar Sapre

Supreme Court Remands Property Dispute Case for Fresh Hearing: C. Venkata Swamy vs. H.N. Shivanna (2017)

LEGAL ISSUE: The core legal issue revolves around the proper procedure for a first appellate court to follow when reviewing a trial court’s decision, specifically regarding the need for a thorough re-evaluation of evidence and issues. CASE TYPE: Civil Appeal (Property Dispute) Case Name: C. Venkata Swamy vs. H.N. Shivanna(D) by L.R. & Anr. Etc. […]

Supreme Court Remands Property Dispute Case for Fresh Hearing: C. Venkata Swamy vs. H.N. Shivanna (2017) Read Post »

Supreme Court Upholds Oral Partition in Family Property Dispute: Nanjegowda vs. Ramegowda (2017)

LEGAL ISSUE: Whether an oral partition of ancestral property, acted upon for decades, can be the basis for a declaration of ownership and injunction against other family members. CASE TYPE: Civil Property Dispute Case Name: Nanjegowda @ Gowda (D) by LRs. & Anr. vs. Ramegowda Judgment Date: 04 December 2017 Date of the Judgment: 04

Supreme Court Upholds Oral Partition in Family Property Dispute: Nanjegowda vs. Ramegowda (2017) Read Post »

Supreme Court directs allotment of flat to appellant in housing dispute: Daulat Singh Rathore vs. Rajasthan Housing Board (2017)

LEGAL ISSUE: Whether the appellant was entitled to allotment of a flat by the Rajasthan Housing Board after a protracted dispute. CASE TYPE: Housing/Consumer Dispute Case Name: Daulat Singh Rathore vs. Rajasthan Housing Board Judgment Date: 04 December 2017 Introduction Date of the Judgment: 04 December 2017 Citation: Not Available Judges: Abhay Manohar Sapre, J.

Supreme Court directs allotment of flat to appellant in housing dispute: Daulat Singh Rathore vs. Rajasthan Housing Board (2017) Read Post »

Supreme Court clarifies rules for withdrawal of suits under Order XXIII Rule 1 of the Code of Civil Procedure: Anil Kumar Singh vs. Vijay Pal Singh (2017)

LEGAL ISSUE: Interpretation of Order XXIII Rule 1 of the Code of Civil Procedure, 1908 regarding withdrawal of suits. CASE TYPE: Civil Procedure Case Name: Anil Kumar Singh vs. Vijay Pal Singh & Ors. [Judgment Date]: 30 November 2017 Introduction Date of the Judgment: 30 November 2017 Citation: Civil Appeal No. 20007 of 2017 (Arising

Supreme Court clarifies rules for withdrawal of suits under Order XXIII Rule 1 of the Code of Civil Procedure: Anil Kumar Singh vs. Vijay Pal Singh (2017) Read Post »

Supreme Court Upholds Appointment of Special Director CBI: Common Cause vs. Union of India (2017)

LEGAL ISSUE: Whether the appointment of the Special Director of the Central Bureau of Investigation (CBI) was valid, given allegations of impropriety and procedural lapses. CASE TYPE: Public Interest Litigation (Service Law) Case Name: Common Cause vs. Union of India and Others Judgment Date: 28 November 2017 Introduction Can an appointment to a high-ranking position

Supreme Court Upholds Appointment of Special Director CBI: Common Cause vs. Union of India (2017) Read Post »

Supreme Court modifies Labour Court Award in Daily Wage Termination Case: District Development Officer vs. Satish Kantilal Amrelia (2017) INSC 988 (28 November 2017)

Date of the Judgment: 28 November 2017 Citation: (2017) INSC 988 Judges: R.K. Agrawal, J., Abhay Manohar Sapre, J. Can a daily wage worker, whose services were terminated due to a procedural defect, automatically get reinstatement with full back wages? The Supreme Court addressed this issue while hearing an appeal against a Labour Court award.

Supreme Court modifies Labour Court Award in Daily Wage Termination Case: District Development Officer vs. Satish Kantilal Amrelia (2017) INSC 988 (28 November 2017) Read Post »

Supreme Court Upholds Denial of Regularization for Temporary Employees: Raj Balam Prasad vs. State of Bihar (27 November 2017)

Date of the Judgment: 27 November 2017 Citation: Raj Balam Prasad & Ors. vs. State of Bihar & Ors. Civil Appeal No.19846 of 2017 Judges: R.K. Agrawal, J., Abhay Manohar Sapre, J. Can temporary government employees claim regularization after their fixed-term appointments expire? The Supreme Court of India addressed this critical question in a case

Supreme Court Upholds Denial of Regularization for Temporary Employees: Raj Balam Prasad vs. State of Bihar (27 November 2017) Read Post »

Supreme Court clarifies remedy against forfeiture of deposit under SARFAESI Act: Agarwal Tracom Pvt. Ltd. vs. Punjab National Bank & Ors. (27 November 2017)

LEGAL ISSUE: Whether an auction purchaser can challenge the forfeiture of deposit under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) by filing an application before the Debt Recovery Tribunal (DRT). CASE TYPE: Securitisation Law Case Name: Agarwal Tracom Pvt. Ltd. vs. Punjab National Bank & Ors.

Supreme Court clarifies remedy against forfeiture of deposit under SARFAESI Act: Agarwal Tracom Pvt. Ltd. vs. Punjab National Bank & Ors. (27 November 2017) Read Post »

Supreme Court Modifies Order on State Bar Council Elections: Advocates with Pending Degree Verification Allowed to Vote (24 November 2017)

Date of the Judgment: 24 November 2017 Citation: Not Available Judges: R.K. Agrawal, J. and Abhay Manohar Sapre, J. Can the election process of State Bar Councils be inclusive when there are delays in the verification of law degrees? The Supreme Court of India addressed this issue by modifying its previous order to allow advocates

Supreme Court Modifies Order on State Bar Council Elections: Advocates with Pending Degree Verification Allowed to Vote (24 November 2017) Read Post »

Supreme Court settles the evidentiary requirements for proving a sale deed in property possession disputes: Bayanabai Kaware vs. Rajendra S/o Baburao Dhote (23 November 2017)

LEGAL ISSUE: Whether a registered sale deed requires attesting witnesses to be examined to prove the title of the purchaser in a suit for recovery of possession against an encroacher. CASE TYPE: Civil Property Dispute Case Name: Smt.Bayanabai Kaware vs. Rajendra S/o Baburao Dhote Judgment Date: 23 November 2017 Introduction Date of the Judgment: 23

Supreme Court settles the evidentiary requirements for proving a sale deed in property possession disputes: Bayanabai Kaware vs. Rajendra S/o Baburao Dhote (23 November 2017) Read Post »

Supreme Court orders fresh trial in land grabbing case: Dr. Kazimunnisa vs. Zakia Sultana (2017)

LEGAL ISSUE: Land ownership and illegal possession under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982. CASE TYPE: Land Grabbing Case Name: Dr.Kazimunnisa (Dead) By L.R. vs. Zakia Sultana (Dead) By L.R.& Ors. [Judgment Date]: 15 November 2017 Introduction Date of the Judgment: 15 November 2017 Citation: 2017 INSC 1037 Judges: R.K. Agrawal, J. and

Supreme Court orders fresh trial in land grabbing case: Dr. Kazimunnisa vs. Zakia Sultana (2017) Read Post »

Multiple FIRs Allowed in Co-operative Society Fraud: Supreme Court Judgment (2017)

Date of the Judgment: November 15, 2017 Citation: (2017) INSC 976 Judges: R.K. Agrawal, J., Abhay Manohar Sapre, J. Can multiple FIRs be filed for similar offenses involving different entities but the same accused? The Supreme Court of India recently addressed this question in a case involving alleged fraud in multiple co-operative housing societies. The

Multiple FIRs Allowed in Co-operative Society Fraud: Supreme Court Judgment (2017) Read Post »

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