Abhay Manohar Sapre

Supreme Court Remands Income Tax Case: Applicability of Section 35D of Income Tax Act to Banks (15 March 2019)

Supreme Court Remands Income Tax Case: Applicability of Section 35D of Income Tax Act to Banks Date of the Judgment: 15 March 2019 Citation: 2019 INSC 251 Judges: Abhay Manohar Sapre, J., Dinesh Maheshwari, J. Can a bank be considered an industrial undertaking for tax deduction purposes? The Supreme Court of India recently addressed this […]

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Supreme Court Upholds Land Ceiling Act: Sheetla Devi & Anr. vs. State of Uttar Pradesh (2019)

Supreme Court Upholds Land Ceiling Act: Sheetla Devi & Anr. vs. State of Uttar Pradesh (2019) LEGAL ISSUE: Whether the High Court was justified in dismissing the appellants’ writ petition regarding land ceiling proceedings. CASE TYPE: Land Ceiling, Civil Case Name: Sheetla Devi & Anr. vs. State of Uttar Pradesh [Judgment Date]: March 12, 2019

Supreme Court Upholds Land Ceiling Act: Sheetla Devi & Anr. vs. State of Uttar Pradesh (2019) Read Post »

Supreme Court Upholds Dismissal of Appeal Due to 1942-Day Delay: HUDA vs. Gopi Chand Atreja (2019)

Supreme Court Upholds Dismissal of Appeal Due to 1942-Day Delay: HUDA vs. Gopi Chand Atreja (2019) LEGAL ISSUE: Whether a delay of 1942 days in filing a second appeal can be condoned under Section 5 of the Limitation Act, 1963. CASE TYPE: Civil Case Name: Estate Officer, Haryana Urban Development Authority & Anr. vs. Gopi

Supreme Court Upholds Dismissal of Appeal Due to 1942-Day Delay: HUDA vs. Gopi Chand Atreja (2019) Read Post »

Supreme Court Quashes Criminal Proceedings in Settlement Agreement Dispute: State Trading Corporation of India Ltd. vs. Global Steel Holding Limited (2019)

Supreme Court Quashes Criminal Proceedings in Settlement Agreement Dispute: State Trading Corporation of India Ltd. vs. Global Steel Holding Limited (2019) LEGAL ISSUE: Whether criminal proceedings and other actions arising from a settlement agreement can be quashed upon full satisfaction of the settlement terms. CASE TYPE: Civil, Settlement Agreement, Criminal Proceedings Case Name: State Trading

Supreme Court Quashes Criminal Proceedings in Settlement Agreement Dispute: State Trading Corporation of India Ltd. vs. Global Steel Holding Limited (2019) Read Post »

Supreme Court on Dismissal of Income Tax Appeal due to Company Dissolution: Commissioner of Income Tax vs. M/s Gopal Shri Scrips Pvt. Ltd. (2019) INSC 197

Supreme Court on Dismissal of Income Tax Appeal due to Company Dissolution: Commissioner of Income Tax vs. M/s Gopal Shri Scrips Pvt. Ltd. (2019) INSC 197 LEGAL ISSUE: Whether an appeal filed by the Income Tax Department can be dismissed as infructuous solely because the respondent company has been dissolved. CASE TYPE: Income Tax Law

Supreme Court on Dismissal of Income Tax Appeal due to Company Dissolution: Commissioner of Income Tax vs. M/s Gopal Shri Scrips Pvt. Ltd. (2019) INSC 197 Read Post »

Supreme Court Remands Electricity Theft Case for Review Under Section 152 of Electricity Act: Mukesh Chand vs. State (NCT) of Delhi (2019)

Supreme Court Remands Electricity Theft Case for Review Under Section 152 of Electricity Act: Mukesh Chand vs. State (NCT) of Delhi (2019) LEGAL ISSUE: Whether a settlement in Lok Adalat for electricity theft can bypass the requirements of Section 152 of the Electricity Act, 2003 regarding compounding of offences. CASE TYPE: Criminal Law, Electricity Law

Supreme Court Remands Electricity Theft Case for Review Under Section 152 of Electricity Act: Mukesh Chand vs. State (NCT) of Delhi (2019) Read Post »

Supreme Court Acquits Forest Officer in Homicide Case Citing Self-Defense: Sukumaran vs. State (2019)

Supreme Court Acquits Forest Officer in Homicide Case Citing Self-Defense: Sukumaran vs. State (2019) LEGAL ISSUE: Whether a Forest Officer was justified in using his firearm in self-defense against suspected smugglers. CASE TYPE: Criminal Law Case Name: Sukumaran vs. State Rep. by the Inspector of Police Judgment Date: March 07, 2019 Introduction Date of the

Supreme Court Acquits Forest Officer in Homicide Case Citing Self-Defense: Sukumaran vs. State (2019) Read Post »

Supreme Court Revisits Gratuity for Teachers: Birla Institute of Technology vs. State of Jharkhand (2019)

Supreme Court Revisits Gratuity for Teachers: Birla Institute of Technology vs. State of Jharkhand (2019) LEGAL ISSUE: Whether teachers are considered “employees” eligible for gratuity under the Payment of Gratuity Act, 1972. CASE TYPE: Labour Law/Gratuity Case Name: Birla Institute of Technology vs. The State of Jharkhand & Ors. Judgment Date: March 7, 2019 Date

Supreme Court Revisits Gratuity for Teachers: Birla Institute of Technology vs. State of Jharkhand (2019) Read Post »

Supreme Court overturns discharge of police officers in corruption case: State of Tamil Nadu vs J. Doraiswamy (2019)

Supreme Court overturns discharge of police officers in corruption case: State of Tamil Nadu vs J. Doraiswamy (2019) LEGAL ISSUE: Whether the High Court was correct in upholding the discharge of the accused under Section 227 of the Criminal Procedure Code, 1973. CASE TYPE: Criminal, Prevention of Corruption Act, 1988. Case Name: State Represented by

Supreme Court overturns discharge of police officers in corruption case: State of Tamil Nadu vs J. Doraiswamy (2019) Read Post »

Supreme Court clarifies procedure for revoking leave to file a suit: Isha Distribution House Pvt. Ltd. vs. Aditya Birla Nuvo Ltd. (2019)

Supreme Court clarifies procedure for revoking leave to file a suit: Isha Distribution House Pvt. Ltd. vs. Aditya Birla Nuvo Ltd. (2019) LEGAL ISSUE: Procedure for revoking leave granted to file a civil suit under Clause 12 of the Letters Patent Act, 1865. CASE TYPE: Civil Case Name: Isha Distribution House Pvt. Ltd. vs. Aditya

Supreme Court clarifies procedure for revoking leave to file a suit: Isha Distribution House Pvt. Ltd. vs. Aditya Birla Nuvo Ltd. (2019) Read Post »

Supreme Court enhances compensation for medical negligence in amputation case: Shoda Devi vs. DDU/Ripon Hospital (2019) INSC 182 (7 March 2019)

Supreme Court enhances compensation for medical negligence leading to amputation Date of the Judgment: 7 March 2019 Citation: (2019) INSC 182 Judges: Abhay Manohar Sapre, J., Dinesh Maheshwari, J. Can a hospital be held liable for medical negligence if a patient suffers severe complications after a minor surgery? The Supreme Court of India addressed this

Supreme Court enhances compensation for medical negligence in amputation case: Shoda Devi vs. DDU/Ripon Hospital (2019) INSC 182 (7 March 2019) Read Post »

Supreme Court clarifies the power of the National Consumer Commission to dismiss complaints in limine: M/s Anjaneya Jewellery vs. New India Assurance Co. Ltd. (07 March 2019)

Date of the Judgment: 07 March 2019 Citation: (2019) INSC 202 Judges: Abhay Manohar Sapre, J., Dinesh Maheshwari, J. Can the National Consumer Disputes Redressal Commission (NCDRC) dismiss a consumer complaint right away without even hearing the other side? The Supreme Court of India recently addressed this important question in a case involving a jewelry

Supreme Court clarifies the power of the National Consumer Commission to dismiss complaints in limine: M/s Anjaneya Jewellery vs. New India Assurance Co. Ltd. (07 March 2019) Read Post »

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