Abhay Manohar Sapre

Supreme Court Upholds Terms of Absorption: Mrigank Johri vs. Union of India (2017)

/ Abhay Manohar Sapre, Absorption, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Deputation, Judges, Sanjay Kishan Kaul, Seniority, Service Law

LEGAL ISSUE: Whether employees absorbed into a new department can claim seniority based on their previous service, despite agreeing to specific terms of absorption that deny such seniority. CASE TYPE: Service Law Case Name: Mrigank Johri & Ors. vs. Union of India & Ors. Judgment Date: July 10, 2017 Date of the Judgment: July 10, […]

Supreme Court Upholds Terms of Absorption: Mrigank Johri vs. Union of India (2017) Read Post »

Supreme Court enhances land compensation based on average sale value: Vithal Rao vs. Special Land Acquisition Officer (2017)

/ Abhay Manohar Sapre, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 18, Land Acquisition Act, 1894 with Section 4, Land Acquisition Act, 1894 with Section 6, Sanjay Kishan Kaul

LEGAL ISSUE: Determination of fair market value for acquired land using comparable sales data, specifically when dealing with large land parcels and small plot sales. CASE TYPE: Land Acquisition Case Name: Vithal Rao & Anr. Etc. vs. The Special Land Acquisition Officer Judgment Date: July 7, 2017 Date of the Judgment: July 7, 2017 Citation:

Supreme Court enhances land compensation based on average sale value: Vithal Rao vs. Special Land Acquisition Officer (2017) Read Post »

Supreme Court Remands Arbitration Appeal for Fresh Hearing: Navnirman Development Consultants vs. Divisional Commissioner (2017)

/ Abhay Manohar Sapre, Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 11(6), Arbitration Law with Section 37, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order 41 Rule 17, Civil Procedure Code, 1908 with Order 41 Rule 19, Judges, R. Banumathi

LEGAL ISSUE: Whether the High Court erred in dismissing an arbitration appeal without proper consideration of facts and legal grounds. CASE TYPE: Arbitration Law Case Name: The Navnirman Development Consultants (I) Pvt. Ltd. vs. The Divisional Commissioner & President District Sports Complex Executive Committee [Judgment Date]: July 05, 2017 Date of the Judgment: July 05,

Supreme Court Remands Arbitration Appeal for Fresh Hearing: Navnirman Development Consultants vs. Divisional Commissioner (2017) Read Post »

Supreme Court resolves land dispute in favor of development: Satellite Developers vs. State of Maharashtra (27 April 2017)

/ A.K. Sikri, Abhay Manohar Sapre, Constitutional Law, Constitutional Law with Article 142, Judges, Maharashtra Regional and Town Planning Act, 1966, Maharashtra Regional and Town Planning Act, 1966 with Section 127

Can a land owner develop a reserved land if the authorities fail to acquire it within a stipulated time? The Supreme Court addressed this question in a dispute between Satellite Developers and the State of Maharashtra. The core issue revolved around the acquisition of land reserved for public purposes under the Maharashtra Regional and Town

Supreme Court resolves land dispute in favor of development: Satellite Developers vs. State of Maharashtra (27 April 2017) Read Post »

Mortgage vs. Sale: Supreme Court Decides on Land Transaction in Karnataka (25 April 2017)

/ Abhay Manohar Sapre, Indian Contract Act, Indian Contract Act with Section 65, Judges, Mortgage by Conditional Sale, R.K. Agrawal, Sale with Condition to Repurchase, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 58(c)

Can a document titled “Conditional Sale” be considered a mortgage? The Supreme Court of India recently addressed this question in a property dispute from Karnataka. This case examines the fine line between a conditional sale and a mortgage, impacting property rights. The judgment was delivered by Justices R.K. Agrawal and Abhay Manohar Sapre. Justice Abhay

Mortgage vs. Sale: Supreme Court Decides on Land Transaction in Karnataka (25 April 2017) Read Post »

Supreme Court Upholds Disqualification of Cooperative Society Chairman: Vipulbhai Mansingbhai Chaudhary vs. State of Gujarat (2017)

/ Abhay Manohar Sapre, General Clauses Act, 1897, General Clauses Act, 1897 with Section 14, Gujarat Co-operative Societies Act, 1961, Gujarat Co-operative Societies Act, 1961 with Section 76B, Gujarat Co-operative Societies Act, 1961 with Section 81, J. Chelameswar, Judges

LEGAL ISSUE: Whether a removed officer of a cooperative society can be disqualified from holding office based on the same facts that led to their removal. CASE TYPE: Cooperative Society Law Case Name: Vipulbhai Mansingbhai Chaudhary vs. State of Gujarat & Anr. Judgment Date: 17 April 2017 Date of the Judgment: 17 April 2017 Citation:

Supreme Court Upholds Disqualification of Cooperative Society Chairman: Vipulbhai Mansingbhai Chaudhary vs. State of Gujarat (2017) Read Post »

Supreme Court Upholds Disqualification of Cooperative Society Chairman: Vipulbhai Mansingbhai Chaudhary vs. State of Gujarat (2017)

/ Abhay Manohar Sapre, General Clauses Act, General Clauses Act with Section 14, Gujarat Co-operative Societies Act, 1961, Gujarat Co-operative Societies Act, 1961 with Section 76B, Gujarat Co-operative Societies Act, 1961 with Section 81, Gujarat General Clauses Act with Section 7, J. Chelameswar, Judges, Registrar of Cooperative Societies

Can a cooperative society chairman be disqualified for actions deemed detrimental to the society? The Supreme Court of India addressed this question in a case concerning the Gujarat Co-operative Societies Act, 1961. The court examined the legality of disqualifying a chairman after his removal from office. This case highlights the powers of the Registrar of

Supreme Court Upholds Disqualification of Cooperative Society Chairman: Vipulbhai Mansingbhai Chaudhary vs. State of Gujarat (2017) Read Post »

Supreme Court Directs Expedited Trial in Property Dispute: Akriti Land Con Pvt. Ltd. vs. Krishna Bhargava (2017)

/ Abhay Manohar Sapre, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order 39, Civil Procedure Code, 1908 with Section 151, Judges, R.K. Agrawal, Temporary Injunctions

Can a court interfere with a lower court’s decision on a temporary injunction? The Supreme Court of India recently addressed this question in a property dispute case. The core issue revolves around a family disagreement over inherited land and the subsequent sale of that land. This case involves a dispute between family members and a

Supreme Court Directs Expedited Trial in Property Dispute: Akriti Land Con Pvt. Ltd. vs. Krishna Bhargava (2017) Read Post »

Supreme Court Clarifies Demurrage Liability for Port Authorities: Rasiklal Kantilal vs. Board of Trustee (2017)

/ Abhay Manohar Sapre, Bailment, Customs Act, 1962, Customs Act, 1962 with Section 29, Customs Act, 1962 with Section 7, Customs Port, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 148, Indian Contract Act, 1872 with Section 158, J. Chelameswar, Judges, Major Port Trusts Act, 1963, Major Port Trusts Act, 1963 with Section 48, Major Port Trusts Act, 1963 with Section 59, Port Authority

LEGAL ISSUE: Determining liability for demurrage charges at ports. CASE TYPE: Civil Law, Port Trust Case Name: M/S. RASIKLAL KANTILAL & CO. vs. BOARD OF TRUSTEE OF PORT OF BOMBAY & OTHERS Judgment Date: 28 February 2017 Date of the Judgment: 28 February 2017 Citation: (2017) INSC 147 Judges: J. Chelameswar, J. Abhay Manohar Sapre

Supreme Court Clarifies Demurrage Liability for Port Authorities: Rasiklal Kantilal vs. Board of Trustee (2017) Read Post »

Supreme Court clarifies the applicability of Section 5 of the Limitation Act to VAT revisions: Patel Brothers vs. State of Assam (2017)

/ A.K. Sikri, Abhay Manohar Sapre, Assam Value Added Tax Act, 2003, Assam Value Added Tax Act, 2003 with Section 81, Assam Value Added Tax Act, 2003 with Section 84, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 29, Limitation Act, 1963 with Section 5

LEGAL ISSUE: Whether Section 5 of the Limitation Act, 1963, applies to revision petitions filed in the High Court under Section 81 of the Assam Value Added Tax Act, 2003. CASE TYPE: Tax Law Case Name: M/S Patel Brothers vs. State of Assam and Ors. Judgment Date: 04 January 2017 Date of the Judgment: 04

Supreme Court clarifies the applicability of Section 5 of the Limitation Act to VAT revisions: Patel Brothers vs. State of Assam (2017) Read Post »

Supreme Court Temporarily Reinstates Ban on Firework Sales in Delhi NCR for Diwali 2017

/ A.K. Sikri, Abhay Manohar Sapre, Air Pollution, Ashok Bhushan, Constitutional Law, Constitutional Law with Article 48A, Constitutional Law with Article 51A(g), Environmental Law, Environmental Protection, Fundamental Duties, Judges

LEGAL ISSUE: Whether the Supreme Court should reimpose a ban on the sale of fireworks in Delhi and the National Capital Region (NCR) for Diwali 2017, considering the severe air pollution caused by fireworks. CASE TYPE: Environmental Law Case Name: Arjun Gopal and Others vs. Union of India and Others Judgment Date: 9th October 2017

Supreme Court Temporarily Reinstates Ban on Firework Sales in Delhi NCR for Diwali 2017 Read Post »

Supreme Court Upholds Committee Constitution under Minimum Wages Act: Kerala Private Hospital Association vs. State of Kerala (2017)

/ Abhay Manohar Sapre, Committee Constitution, Judges, Minimum Wages Act, 1948, Minimum Wages Act, 1948 with Section 9, R.K. Agrawal

The Supreme Court of India addressed the question of whether an employee of a private hospital can represent the employer on a committee constituted under the Minimum Wages Act, 1948. The Court ruled that such representation is valid. This judgment clarifies the scope of employer representation in minimum wage committees. Citation: (2017) INSC 929 Judges:

Supreme Court Upholds Committee Constitution under Minimum Wages Act: Kerala Private Hospital Association vs. State of Kerala (2017) Read Post »

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