Abhay S. Oka

Supreme Court Reduces Sentence in Atrocities Case: Vetrivel vs. State (2022) INSC 722

/ Abhay S. Oka, Ajay Rastogi, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 323, Judges, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 with Section 3(1)(r), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 with Section 3(1)(s)

Supreme Court Reduces Sentence in Atrocities Case: Vetrivel vs. State (2022) INSC 722 LEGAL ISSUE: Reduction of sentence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, based on the facts and circumstances of the case. CASE TYPE: Criminal Appeal Case Name: Vetrivel vs. State Represented by its Deputy Superintendent of Police […]

Supreme Court Reduces Sentence in Atrocities Case: Vetrivel vs. State (2022) INSC 722 Read Post »

Supreme Court Reduces Sentence in Assault Case: Ram Kumar & Anr. vs. State of Haryana (2022)

/ Abhay S. Oka, Ajay Rastogi, Criminal Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 148, Indian Penal Code, 1860 with Section 323, Indian Penal Code, 1860 with Section 325, Judges, Offences Against Human Body, Sentencing

Supreme Court Reduces Sentence in Assault Case: Ram Kumar & Anr. vs. State of Haryana (2022) LEGAL ISSUE: Disparity in sentencing among co-accused in a criminal case. CASE TYPE: Criminal Law – Assault Case Name: Ram Kumar & Anr. vs. State of Haryana [Judgment Date]: 19 January 2022 Date of the Judgment: 19 January 2022

Supreme Court Reduces Sentence in Assault Case: Ram Kumar & Anr. vs. State of Haryana (2022) Read Post »

Supreme Court Restores Additional Compensation in Land Acquisition Case: Ambalal Babulal Patel vs. ONGC (2022)

/ Abhay S. Oka, Ajay Rastogi, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 11, Land Acquisition Act, 1894 with Section 18, Land Acquisition Act, 1894 with Section 4

Supreme Court Restores Additional Compensation in Land Acquisition Case: Ambalal Babulal Patel vs. ONGC (2022) LEGAL ISSUE: Whether the High Court was justified in reducing the additional compensation awarded by the Reference Court in a land acquisition case. CASE TYPE: Land Acquisition Case Name: Ambalal Babulal Patel ETC. ETC. vs. The Group General Manager, ONGC

Supreme Court Restores Additional Compensation in Land Acquisition Case: Ambalal Babulal Patel vs. ONGC (2022) Read Post »

Supreme Court reduces sentence in Atrocities case: Vetrivel vs. State (2022)

/ Abhay S. Oka, Ajay Rastogi, Indian Penal Code, Indian Penal Code with Section 323, Judges, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 with Section 3(1)(r), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 with Section 3(1)(s)

Supreme Court Reduces Sentence in Atrocities Case: Vetrivel vs. State (2022) LEGAL ISSUE: Reduction of sentence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 CASE TYPE: Criminal Law Case Name: Vetrivel vs. State Represented by its Deputy Superintendent of Police & Anr. Judgment Date: 19 January 2022 Introduction Date of the

Supreme Court reduces sentence in Atrocities case: Vetrivel vs. State (2022) Read Post »

Supreme Court Rules on Child Custody in International Disputes: Vasudha Sethi vs. Kiran V. Bhaskar (2022)

/ Abhay S. Oka, Ajay Rastogi, Constitutional Law, Constitutional Law with Article 226, Fundamental Rights, Hindu Minority and Guardianship Act, 1956, Hindu Minority and Guardianship Act, 1956 with Section 13, Hindu Minority and Guardianship Act, 1956 with Section 6, Judges

Supreme Court Rules on Child Custody in International Disputes: Vasudha Sethi vs. Kiran V. Bhaskar (2022) Date of the Judgment: 12 January 2022 Citation: 2022 INSC 40 Judges: Hon’ble Justices Abhay S. Oka and Ajay Rastogi Can a parent’s right to autonomy outweigh the child’s best interests in an international custody battle? The Supreme Court

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Child Custody in International Disputes: Supreme Court Rules in Vasudha Sethi vs. Kiran V. Bhaskar (2022)

/ Abhay S. Oka, Ajay Rastogi, Constitutional Law, Constitutional Law with Article 21, Fundamental Rights, Hindu Minority and Guardianship Act, 1956, Hindu Minority and Guardianship Act, 1956 with Section 13(1), Hindu Minority and Guardianship Act, 1956 with Section 6, Judges

Supreme Court Rules on Child Custody in International Disputes: Vasudha Sethi vs. Kiran V. Bhaskar (2022) LEGAL ISSUE: International child custody dispute and the principle of “best interest of the child”. CASE TYPE: Habeas Corpus, Family Law Case Name: Vasudha Sethi & Ors. vs. Kiran V. Bhaskar & Anr. [Judgment Date]: 12 January 2022 Date

Child Custody in International Disputes: Supreme Court Rules in Vasudha Sethi vs. Kiran V. Bhaskar (2022) Read Post »

Supreme Court Upholds Pension Rights of Bank Employees, Dismissing Retroactive Rule Change: Punjab State Cooperative Agricultural Development Bank Ltd. vs. The Registrar, Cooperative Societies and Others (2022) INSC 14

/ Abhay S. Oka, Ajay Rastogi, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Constitutional Law with Article 21, Employees Provident Fund and Miscellaneous Provisions Act, 1952, Employees Provident Fund and Miscellaneous Provisions Act, 1952 with Section 7A, Judges, Pension, Punjab State Cooperative Agricultural Land Mortgage Banks Service (Common Cadre) Rules, 1978, Punjab State Cooperative Agricultural Land Mortgage Banks Service (Common Cadre) Rules, 1978 with Rule 15, Retrospective Amendment, Service Law, Vested Rights

Supreme Court Upholds Pension Rights of Bank Employees, Dismissing Retroactive Rule Change Date of the Judgment: 11 January 2022 Citation: (2022) INSC 14 Judges: Hon’ble Justices Ajay Rastogi and Abhay S. Oka Can a cooperative bank retroactively withdraw a pension scheme, thereby denying its retired employees their entitled benefits? The Supreme Court of India addressed

Supreme Court Upholds Pension Rights of Bank Employees, Dismissing Retroactive Rule Change: Punjab State Cooperative Agricultural Development Bank Ltd. vs. The Registrar, Cooperative Societies and Others (2022) INSC 14 Read Post »

Supreme Court Upholds Pension Rights of Retired Cooperative Bank Employees: Punjab State Cooperative Agricultural Development Bank Ltd. vs. The Registrar, Cooperative Societies and Others (2022) INSC 29

/ Abhay S. Oka, Ajay Rastogi, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Employees Provident Fund Act, 1952, Employees Provident Fund Act, 1952 with Section 17(1C), Employees' Pension Scheme, 1995, Fundamental Rights, Judges, Pension, Service Law, Vested Rights

Supreme Court Upholds Pension Rights of Retired Cooperative Bank Employees Date of the Judgment: 11 January 2022 Citation: (2022) INSC 29 Judges: Hon’ble Justices Ajay Rastogi and Abhay S. Oka Can a cooperative bank unilaterally withdraw a pension scheme that its retired employees had been contributing to and benefiting from for decades? The Supreme Court

Supreme Court Upholds Pension Rights of Retired Cooperative Bank Employees: Punjab State Cooperative Agricultural Development Bank Ltd. vs. The Registrar, Cooperative Societies and Others (2022) INSC 29 Read Post »

Supreme Court Upholds Dismissal of Arbitration Petition Due to Appellant’s Inaction: Durga Welding Works vs. Chief Engineer, Railway Electrification (2022)

/ Abhay S. Oka, Ajay Rastogi, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37, Judges

Supreme Court Upholds Dismissal of Arbitration Petition Due to Appellant’s Inaction: Durga Welding Works vs. Chief Engineer, Railway Electrification (2022) Date of the Judgment: 04 January 2022 Citation: (2022) INSC 1 Judges: Justice Ajay Rastogi and Justice Abhay S. Oka. The judgment was authored by Justice Ajay Rastogi. Can a party, after filing an arbitration

Supreme Court Upholds Dismissal of Arbitration Petition Due to Appellant’s Inaction: Durga Welding Works vs. Chief Engineer, Railway Electrification (2022) Read Post »

Supreme Court dismisses contempt petition for non-payment of funds in Kamakhya Temple case (15 December 2021)

/ Abhay S. Oka, Ajay Rastogi, Constitutional Law, Constitutional Law with Article 129, Contempt of Courts Act, 1971, Contempt of Courts Act, 1971 with Section 12, Discretionary Jurisdiction, Judges

Supreme Court dismisses contempt petition for non-payment of funds in Kamakhya Temple case (2021) LEGAL ISSUE: Whether a contempt action can be initiated for non-payment of funds when there is no specific direction for payment in the original judgment. CASE TYPE: Contempt of Court Case Name: The Bordeurai Samaj of Sri Sri Maa Kamakhya v.

Supreme Court dismisses contempt petition for non-payment of funds in Kamakhya Temple case (15 December 2021) Read Post »

Supreme Court Revises Land Compensation in Kerala: Soman vs. Inland Waterways Authority (2021)

/ Abhay S. Oka, Ajay Rastogi, Compensation, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 11, Land Acquisition Act, 1894 with Section 18, Land Acquisition Act, 1894 with Section 23, Land Valuation, Property Law

Supreme Court Revises Land Compensation in Kerala: Soman vs. Inland Waterways Authority (2021) LEGAL ISSUE: Determination of fair market value for land acquired under the Land Acquisition Act, 1894 CASE TYPE: Land Acquisition Case Name: Soman v. Inland Waterways Authority of India & Anr. Judgment Date: 10 December 2021 Date of the Judgment: 10 December

Supreme Court Revises Land Compensation in Kerala: Soman vs. Inland Waterways Authority (2021) Read Post »

Supreme Court clarifies seniority of ad-hoc and regular LDCs: Shyam Sunder Oberoi vs. District and Session Judge (2021)

/ Abhay S. Oka, Ad-hoc Employees, Ajay Rastogi, Civil Procedure, Interim Order, Judges, Regularization, Seniority, Service Law, Writ Petition

Supreme Court clarifies seniority of ad-hoc and regular LDCs: Shyam Sunder Oberoi vs. District and Session Judge (2021) Date of the Judgment: December 8, 2021 Citation: 2021 INSC 744 Judges: Justice Ajay Rastogi and Justice Abhay S. Oka. The judgment was authored by Justice Rastogi. Can ad-hoc employees who are regularized later claim seniority from

Supreme Court clarifies seniority of ad-hoc and regular LDCs: Shyam Sunder Oberoi vs. District and Session Judge (2021) Read Post »

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