Abhay Manohar Sapre

Supreme Court Clarifies Property Tax Assessment Under Calcutta Municipal Corporation Act: Harbanslal Malhotra vs. Kolkata Municipal Corporation (2017)

/ Abhay Manohar Sapre, Calcutta Municipal Corporation Act, 1980, Calcutta Municipal Corporation Act, 1980 with Section 174, Calcutta Municipal Corporation Act, 1980 with Section 178, Judges, Property Tax Assessment, R.K. Agrawal

LEGAL ISSUE: Interpretation of Section 174 of the Calcutta Municipal Corporation Act, 1980 concerning the determination of annual value of land and buildings for property tax assessment. CASE TYPE: Property Tax Assessment Case Name: Harbanslal Malhotra & Sons Pvt. Ltd. vs. Kolkata Municipal Corporation & Anr. Judgment Date: September 05, 2017 Date of the Judgment: […]

Supreme Court Clarifies Property Tax Assessment Under Calcutta Municipal Corporation Act: Harbanslal Malhotra vs. Kolkata Municipal Corporation (2017) Read Post »

Supreme Court clarifies the applicability of Order 1 Rule 8 CPC to Societies in property disputes: S.N.D.P. Sakhayogam vs. Kerala Atmavidya Sangham (2017)

/ Abhay Manohar Sapre, Code of Civil Procedure, 1908, Judges, Juristic Person, Maintainability of Suit, Order 1 Rule 8, Code of Civil Procedure, 1908, R.K. Agrawal, Representative Capacity, Representative Suit, Society Law

Can a Society file a representative suit under Order 1 Rule 8 of the Code of Civil Procedure, 1908, regarding ownership of land? The Supreme Court of India addressed this question in a case between S.N.D.P. Sakhayogam and Kerala Atmavidya Sangham. This case revolves around a property dispute and whether a society can represent a

Supreme Court clarifies the applicability of Order 1 Rule 8 CPC to Societies in property disputes: S.N.D.P. Sakhayogam vs. Kerala Atmavidya Sangham (2017) Read Post »

Supreme Court Upholds Life Imprisonment in Attempt to Murder Case: Ahsan vs. State of U.P. (29 August 2017)

/ Abhay Manohar Sapre, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 307, Indian Penal Code, 1860 with Section 452, Judges, Offences Against Human Body, R.K. Agrawal

LEGAL ISSUE: Whether the sentence of life imprisonment for an offense under Section 307 of the Indian Penal Code, 1860 is justified when the victim survives the attack. CASE TYPE: Criminal. Case Name: Ahsan vs. State of U.P. Date of the Judgment: 29 August 2017. Citation: Not Available. Judges: R.K. Agrawal, J. and Abhay Manohar

Supreme Court Upholds Life Imprisonment in Attempt to Murder Case: Ahsan vs. State of U.P. (29 August 2017) Read Post »

Supreme Court Sets Aside High Court Order for Lack of Reasoning in Property Partition Case (23 August 2017)

/ Abhay Manohar Sapre, Appellate Procedure, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 41 Rule 11, Code of Civil Procedure, 1908 with Order 41 Rule 31, Code of Civil Procedure, 1908 with Section 100, Judges, R.K. Agrawal, Reasoned Judgment, Second Appeal

Can a High Court dismiss a second appeal without stating reasons? The Supreme Court of India recently addressed this question in a case concerning a property partition dispute. The Court emphasized the importance of reasoned judgments, particularly in appellate cases. This case highlights the necessity for High Courts to provide clear explanations when dismissing appeals.

Supreme Court Sets Aside High Court Order for Lack of Reasoning in Property Partition Case (23 August 2017) Read Post »

Supreme Court Declares Assam Parliamentary Secretaries Act Unconstitutional: Bimolangshu Roy vs. State of Assam (2017)

/ Abhay Manohar Sapre, Constitutional Law, Constitutional Law with Article 164(1A), Constitutional Law with Article 194, Constitutional Law with Article 246, J. Chelameswar, Judges, R.K. Agrawal, Seventh Schedule, Seventh Schedule with Entry 39, Seventh Schedule with List II

LEGAL ISSUE: Whether a state legislature can create the position of Parliamentary Secretary when the Constitution specifies the offices of the political executive. CASE TYPE: Constitutional Law Case Name: Bimolangshu Roy (Dead) Through LRs vs. State of Assam & Another Judgment Date: July 26, 2017 Date of the Judgment: July 26, 2017 Citation: (2017) INSC

Supreme Court Declares Assam Parliamentary Secretaries Act Unconstitutional: Bimolangshu Roy vs. State of Assam (2017) Read Post »

Supreme Court Upholds Termination of Apprentice Trainees: Ram Gopal Dwivedi vs. Kanpur Electricity Supply Co. Ltd. (25 July 2017)

/ Abhay Manohar Sapre, Apprentices Act, 1961, Electricity (Supply) Act, 1948, Electricity (Supply) Act, 1948 with Section 78 (c), Industrial Disputes, Judges, Labour Law, R.K. Agrawal, Retrenchment, Termination of Apprenticeship

Date of the Judgment: 25 July 2017 Citation: [Not Available in Source] Judges: R.K. Agrawal, J., Abhay Manohar Sapre, J. Can an employer terminate an apprentice’s training contract upon completion of the training period without it being considered an illegal termination? The Supreme Court of India addressed this question in the case of Ram Gopal

Supreme Court Upholds Termination of Apprentice Trainees: Ram Gopal Dwivedi vs. Kanpur Electricity Supply Co. Ltd. (25 July 2017) Read Post »

Supreme Court clarifies the effect of non-registration of public trusts on lawsuits: Public Trust Shri Geeta Satsang Bhawan vs. Nand Lal & Ors. (25 July 2017)

/ Abhay Manohar Sapre, Appeals, Civil Procedure, Judges, R.K. Agrawal, Rajasthan Public Trusts Act, 1959, Rajasthan Public Trusts Act, 1959 with Section 29, Suits

LEGAL ISSUE: Whether a suit filed by an unregistered public trust is maintainable under Section 29 of the Rajasthan Public Trusts Act, 1959. CASE TYPE: Civil Law Case Name: Public Trust Shri Geeta Satsang Bhawan vs. Nand Lal & Ors. Judgment Date: 25 July 2017 Introduction Date of the Judgment: 25 July 2017 Citation: (2017)

Supreme Court clarifies the effect of non-registration of public trusts on lawsuits: Public Trust Shri Geeta Satsang Bhawan vs. Nand Lal & Ors. (25 July 2017) Read Post »

Supreme Court Upholds Eviction Order: Hameed Kunju vs. Nazim (2017)

/ Abhay Manohar Sapre, Code of Civil Procedure, Code of Civil Procedure with Order 21 Rule 35, Constitutional Law, Constitutional Law with Article 227, Judges, Kerala Buildings (Lease and Rent Control) Act, 1965, Kerala Buildings (Lease and Rent Control) Act, 1965 with Section 11(2)(b), Kerala Buildings (Lease and Rent Control) Act, 1965 with Section 11(3), R. Banumathi

LEGAL ISSUE: Whether the High Court was justified in interfering with the eviction order passed by the Trial Court. CASE TYPE: Eviction/Rent Control Case Name: Hameed Kunju vs. Nazim [Judgment Date]: 17 July 2017 Date of the Judgment: 17 July 2017 Citation: (2017) INSC 657 Judges: Abhay Manohar Sapre, J., R. Banumathi, J. Can a

Supreme Court Upholds Eviction Order: Hameed Kunju vs. Nazim (2017) Read Post »

Supreme Court Sets Aside High Court Order on School Teacher Termination: Shubham Bahuuddeshiya Sanstha vs. Dnyaneshwar Daigavhane (2017)

/ Abhay Manohar Sapre, Inquiry Committee, Judges, Judicial Review, Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, R. Banumathi, School Tribunal, Service Law, Termination of Service

Can a High Court set aside a School Tribunal’s order based on internal disputes within a school’s management? The Supreme Court of India recently addressed this question in a case involving the termination of a school teacher. This case highlights the importance of adhering to legal procedures and deciding cases based on merit, not internal

Supreme Court Sets Aside High Court Order on School Teacher Termination: Shubham Bahuuddeshiya Sanstha vs. Dnyaneshwar Daigavhane (2017) Read Post »

Supreme Court Orders Release of Enhanced Compensation in Land Acquisition Case: Nagorao vs. MIDC (2017)

/ Abhay Manohar Sapre, Judges, Land Acquisition, Land Acquisition Compensation, R.K. Agrawal

LEGAL ISSUE: Whether enhanced compensation awarded in land acquisition cases should be released to the landowners. CASE TYPE: Land Acquisition. Case Name: Nagorao S/O Vitthalrao Salunke vs. Regional Officer, MIDC, Latur & Ors. Judgment Date: July 17, 2017 Introduction The Supreme Court of India, in a recent judgment, addressed the issue of releasing enhanced compensation

Supreme Court Orders Release of Enhanced Compensation in Land Acquisition Case: Nagorao vs. MIDC (2017) Read Post »

Supreme Court Upholds Arbitration Award: Punjab State Civil Supplies Corp. vs. Atwal Rice Mills (2017)

/ Abhay Manohar Sapre, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 35, Arbitration and Conciliation Act, 1996 with Section 36, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order 21 Rule 2, Judges, Order 21, Civil Procedure Code, 1908, R. Banumathi

LEGAL ISSUE: Enforceability of an arbitral award as a decree of a civil court. CASE TYPE: Arbitration Law. Case Name: Punjab State Civil Supplies Corporation Ltd. & Anr. vs. M/s Atwal Rice & General Mills Rep. by its Partners. [Judgment Date]: July 11, 2017 Introduction Date of the Judgment: July 11, 2017 Citation: (2017) INSC

Supreme Court Upholds Arbitration Award: Punjab State Civil Supplies Corp. vs. Atwal Rice Mills (2017) Read Post »

Supreme Court Upholds Land Acquisition Compensation: Kale vs. Union of India

/ Abhay Manohar Sapre, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 4, Land Acquisition Act, 1894 with Section 6, Land Acquisition Compensation, R.K. Agrawal

Can a landowner claim additional compensation for land if the government records show a different measurement than what they claim? The Supreme Court of India addressed this issue in a land acquisition case, clarifying the importance of documented evidence. This case, *Kale (Dead) Rep. Thr. LRs. vs. Union of India*, involved a dispute over the

Supreme Court Upholds Land Acquisition Compensation: Kale vs. Union of India Read Post »

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