Abhay Manohar Sapre

Supreme Court Stays Judgment on Gratuity Act Amendment: Birla Institute of Technology vs. State of Jharkhand (2019)

Supreme Court Stays Judgment on Gratuity Act Amendment: Birla Institute of Technology vs. State of Jharkhand (2019) LEGAL ISSUE: Retrospective application of the amended definition of “employee” under the Payment of Gratuity Act, 1972. CASE TYPE: Service Law/Gratuity Case Name: Birla Institute of Technology vs. The State of Jharkhand & Ors. Judgment Date: 9 January […]

Supreme Court Stays Judgment on Gratuity Act Amendment: Birla Institute of Technology vs. State of Jharkhand (2019) Read Post »

Supreme Court Upholds Cancellation of MSO License Based on Security Concerns: Digi Cable Network vs. Union of India (2019)

Supreme Court Upholds Cancellation of MSO License Based on Security Concerns: Digi Cable Network vs. Union of India (2019) LEGAL ISSUE: Whether the cancellation of a Multi System Operator (MSO) license due to denial of security clearance is valid, and whether the principles of natural justice apply in such cases. CASE TYPE: Broadcasting Law Case

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Supreme Court Upholds Conviction in Dowry Death Case: Mahadevappa vs. State of Karnataka (2019)

Supreme Court Upholds Conviction in Dowry Death Case: Mahadevappa vs. State of Karnataka (2019) LEGAL ISSUE: Whether the death of a wife due to burn injuries constitutes dowry death and murder under Sections 498A and 302 of the Indian Penal Code, 1860. CASE TYPE: Criminal Case Name: Mahadevappa vs. State of Karnataka Judgment Date: January

Supreme Court Upholds Conviction in Dowry Death Case: Mahadevappa vs. State of Karnataka (2019) Read Post »

Supreme Court Upholds Concurrent Findings on Specific Performance: Kamal Kumar vs. Premlata Joshi (2019)

Supreme Court Upholds Concurrent Findings on Specific Performance: Kamal Kumar vs. Premlata Joshi (2019) LEGAL ISSUE: Whether the plaintiff was ready and willing to perform his part of the contract for specific performance. CASE TYPE: Civil – Specific Performance of Contract Case Name: Kamal Kumar vs. Premlata Joshi & Ors. Judgment Date: January 07, 2019

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Supreme Court clarifies gratuity eligibility for teachers under the Payment of Gratuity Act: Birla Institute of Technology vs. State of Jharkhand (2019)

Supreme Court clarifies gratuity eligibility for teachers under the Payment of Gratuity Act: Birla Institute of Technology vs. State of Jharkhand (2019) LEGAL ISSUE: Whether teachers are considered “employees” under the Payment of Gratuity Act, 1972, and thus eligible for gratuity benefits. CASE TYPE: Labour Law Case Name: Birla Institute of Technology vs. The State

Supreme Court clarifies gratuity eligibility for teachers under the Payment of Gratuity Act: Birla Institute of Technology vs. State of Jharkhand (2019) Read Post »

Supreme Court Upholds Minimum Wage Claims: Ragini Sinha vs. State of Bihar (2019)

Supreme Court Upholds Minimum Wage Claims: Ragini Sinha vs. State of Bihar (2019) Date of the Judgment: January 7, 2019 Citation: Civil Appeal Nos. 7224-7225 of 2012 Judges: Abhay Manohar Sapre, J., Indu Malhotra, J. Can an employer avoid paying minimum wages to workers by claiming they were not afforded sufficient opportunity to defend themselves?

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Supreme Court Reduces Sentence in Kerala Abkari Act Case: Lalichan vs. State of Kerala (2019) INSC 13

Supreme Court Reduces Sentence in Kerala Abkari Act Case: Lalichan vs. State of Kerala (2019) INSC 13 LEGAL ISSUE: Whether the sentence imposed under the Kerala Abkari Act was excessive. CASE TYPE: Criminal Law Case Name: Lalichan vs. The State of Kerala [Judgment Date]: January 7, 2019 Introduction Date of the Judgment: January 7, 2019

Supreme Court Reduces Sentence in Kerala Abkari Act Case: Lalichan vs. State of Kerala (2019) INSC 13 Read Post »

Supreme Court Orders Fresh Review in Loan Dispute: Punjab Financial Corporation vs. Paulbro Leathers (2019)

Supreme Court Orders Fresh Review in Loan Dispute: Punjab Financial Corporation vs. Paulbro Leathers (2019) LEGAL ISSUE: Whether a demand raised by a financial corporation after a settlement, but with a dispute over the calculation of the settled amount, can be quashed without examining the merits of the demand. CASE TYPE: Loan Recovery/Financial Dispute. Case

Supreme Court Orders Fresh Review in Loan Dispute: Punjab Financial Corporation vs. Paulbro Leathers (2019) Read Post »

Supreme Court modifies compensation for daily wage worker: State of Uttarakhand vs. Raj Kumar (2019)

Supreme Court modifies compensation for daily wage worker: State of Uttarakhand vs. Raj Kumar (2019) LEGAL ISSUE: Whether a daily wage worker is entitled to reinstatement with full back wages upon illegal termination or monetary compensation. CASE TYPE: Labour Law Case Name: State of Uttarakhand & Anr. vs. Raj Kumar [Judgment Date]: January 07, 2019

Supreme Court modifies compensation for daily wage worker: State of Uttarakhand vs. Raj Kumar (2019) Read Post »

Supreme Court Upholds Commissioner’s Authority, Sets Aside High Court’s Remarks in Liquor License Case (2019)

Supreme Court Upholds Commissioner’s Authority, Sets Aside High Court’s Remarks in Liquor License Case (2019) LEGAL ISSUE: Whether a High Court can pass adverse remarks against an appellate authority and issue anticipatory directions in a matter related to liquor licenses. CASE TYPE: Excise Law, Administrative Law Case Name: Manish S. Pardasani (M/s Wine Kornder) etc.

Supreme Court Upholds Commissioner’s Authority, Sets Aside High Court’s Remarks in Liquor License Case (2019) Read Post »

Supreme Court clarifies appointment of substitute arbitrator under Section 15(2) of the Arbitration Act in Government of Haryana vs. G.F. Toll Road Pvt. Ltd. (2019)

Supreme Court clarifies appointment of substitute arbitrator under Section 15(2) of the Arbitration Act in Government of Haryana vs. G.F. Toll Road Pvt. Ltd. (2019) Date of the Judgment: January 3, 2019 Citation: (2019) INSC 3 Judges: Justice Abhay Manohar Sapre and Justice Indu Malhotra Can an arbitral institution appoint a substitute arbitrator when one

Supreme Court clarifies appointment of substitute arbitrator under Section 15(2) of the Arbitration Act in Government of Haryana vs. G.F. Toll Road Pvt. Ltd. (2019) Read Post »

Supreme Court Clarifies Re-employment Rights Under Section 25(H) of the Industrial Disputes Act: Management of the Barara Cooperative Marketing vs. Workman Pratap Singh (2019)

Supreme Court Clarifies Re-employment Rights Under Section 25(H) of the Industrial Disputes Act: Management of the Barara Cooperative Marketing vs. Workman Pratap Singh (2019) LEGAL ISSUE: Whether a retrenched employee is entitled to re-employment under Section 25(H) of the Industrial Disputes Act, 1947, when the employer regularizes the services of existing employees. CASE TYPE: Labour

Supreme Court Clarifies Re-employment Rights Under Section 25(H) of the Industrial Disputes Act: Management of the Barara Cooperative Marketing vs. Workman Pratap Singh (2019) Read Post »

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