Abhay S. Oka

Supreme Court settles inclusion of engineering and technical service charges in assessable value of imported goods: M/S. Coal India Limited vs. Commissioner of Customs (Port) (2025) INSC 609 (01 May 2025)

/ Abhay S. Oka, Customs Act, 1962, Customs Act, 1962 with Section 14, Customs Valuation Rules, 1988, Judges, Ujjal Bhuyan

Date of the Judgment: 01 May 2025 Citation: (2025) INSC 609 Judges: Abhay S. Oka, J., Ujjal Bhuyan, J. Can engineering and technical service charges paid to a local agent be included in the assessable value of imported goods? The Supreme Court addressed this question in a case involving M/S. Coal India Limited and the […]

Supreme Court settles inclusion of engineering and technical service charges in assessable value of imported goods: M/S. Coal India Limited vs. Commissioner of Customs (Port) (2025) INSC 609 (01 May 2025) Read Post »

Supreme Court Quashes Suicide Abetment Charges: Proximity of Instigation Required in Suicide Cases: Shenbagavalli vs. State (2025)

/ Abetment of Suicide, Abhay S. Oka, Augustine George Masih, Code of Criminal Procedure, Code of Criminal Procedure with Section 174, Code of Criminal Procedure with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 107, Indian Penal Code, 1860 with Section 306, Judges

Date of the Judgment: April 30, 2025 Citation: 2025 INSC 607 Judges: Abhay S. Oka, J., Augustine George Masih, J. When can harsh words lead to a charge of encouraging someone to commit suicide? The Supreme Court of India recently addressed this critical question, emphasizing the necessity of a direct and proximate link between the

Supreme Court Quashes Suicide Abetment Charges: Proximity of Instigation Required in Suicide Cases: Shenbagavalli vs. State (2025) Read Post »

Supreme Court Upholds Compensation for Human Rights Violation Due to FIR Refusal: Pavul Yesu Dhasan vs. The Registrar, State Human Rights Commission (2025)

/ Abhay S. Oka, Constitutional Law, Constitutional Law with Article 21, Human Rights Act, 1993, Human Rights Act, 1993 with Section 2(d), Judges, Ujjal Bhuyan

Date of the Judgment: April 30, 2025 Citation: 2025 INSC 677 Judges: Abhay S. Oka, J. and Ujjal Bhuyan, J. When a citizen approaches a police station to report a crime, should they be treated with dignity? The Supreme Court of India recently addressed this critical question in a case concerning the refusal to register

Supreme Court Upholds Compensation for Human Rights Violation Due to FIR Refusal: Pavul Yesu Dhasan vs. The Registrar, State Human Rights Commission (2025) Read Post »

Supreme Court clarifies provisional assessment rules under Central Excise Act: Oswal Petrochemicals vs. Commissioner of Central Excise (28 April 2025)

/ Abhay S. Oka, Central Excise Act, 1944, Central Excise Act, 1944 with Section 35L(b), Central Excise Rules, 1944, Central Excise Rules, 1944 with Rule 173B, Central Excise Rules, 1944 with Rule 56, Central Excise Rules, 1944 with Rule 9B, Judges, Ujjal Bhuyan

Introduction Date of the Judgment: 28 April 2025 Citation: 2025 INSC 578 Judges: Abhay S. Oka, J., Ujjal Bhuyan, J. Can excise duty be levied based on re-classification of goods without proper communication of test reports? The Supreme Court of India addressed this critical question in the case of M/S Oswal Petrochemicals Ltd. vs. Commissioner

Supreme Court clarifies provisional assessment rules under Central Excise Act: Oswal Petrochemicals vs. Commissioner of Central Excise (28 April 2025) Read Post »

Supreme Court settles disability pension eligibility for army personnel invalided due to service-related conditions: Bijender Singh vs. Union of India (23 April 2025)

/ Abhay S. Oka, Entitlement Rules for Casualty Pensionary Awards, 1982, Judges, Pension Regulations for the Army, 1961, Regulation 173, Pension Regulations for the Army, 1961, Regulation 183, Pension Regulations for the Army, 1961, Rule 14(b), Entitlement Rules for Casualty Pensionary Awards, 1982, Rule 5, Entitlement Rules for Casualty Pensionary Awards, 1982, Rule 9, Entitlement Rules for Casualty Pensionary Awards, 1982, Ujjal Bhuyan

“`html Date of the Judgment: April 23, 2025 Citation: 2025 INSC 549 Judges: Abhay S. Oka, J., Ujjal Bhuyan, J. Can an army personnel who was in good health at the time of joining the army be denied disability pension if he is discharged due to a medical condition that arose during his service? The

Supreme Court settles disability pension eligibility for army personnel invalided due to service-related conditions: Bijender Singh vs. Union of India (23 April 2025) Read Post »

Supreme Court acquits accused in gruesome murder case due to lack of evidence: Aejaz Ahmad Sheikh vs. State of Uttar Pradesh (22 April 2025)

/ Abhay S. Oka, Ahsanuddin Amanullah, Criminal Procedure Code, Criminal Procedure Code with Section 161, Criminal Procedure Code with Section 313, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 118, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 307, Judges, Pankaj Mithal

Introduction Date of the Judgment: 22 April 2025 Judges: Abhay S. Oka, Pankaj Mithal, Ahsanuddin Amanullah In a shocking case of family tragedy, the Supreme Court of India recently addressed the complexities of evidence and procedure in criminal trials. The case, Aejaz Ahmad Sheikh vs. State of Uttar Pradesh, involved the death of a woman,

Supreme Court acquits accused in gruesome murder case due to lack of evidence: Aejaz Ahmad Sheikh vs. State of Uttar Pradesh (22 April 2025) Read Post »

Supreme Court clarifies “actual charge” or “control” under Section 75 of JJ Act: S.C. Narang vs. State (2025) INSC 688 (22 April 2025)

/ Abhay S. Oka, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 376, Judges, Juvenile Justice Act, 2015, Juvenile Justice Act, 2015 with Section 75, Ujjal Bhuyan

Introduction Date of the Judgment: 22 April 2025 Citation: 2025 INSC 688 Judges: Abhay S. Oka, J., Ujjal Bhuyan, J. When can the Chairman of a school’s managing committee be held liable for an incident involving a child’s safety on school premises? The Supreme Court addressed this critical question in S.C. Narang vs. State (NCT

Supreme Court clarifies “actual charge” or “control” under Section 75 of JJ Act: S.C. Narang vs. State (2025) INSC 688 (22 April 2025) Read Post »

Supreme Court Addresses Unclaimed Compensation Amounts in Motor Accident and Labour Cases (22 April 2025)

/ Abhay S. Oka, Judges, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 166, Motor Vehicles Act, 1988 with Section 176, Ujjal Bhuyan, Workmen’s Compensation Act, 1923

Introduction Date of the Judgment: April 22, 2025 Citation: 2025 INSC 530 Judges: Abhay S. Oka, J., Ujjal Bhuyan, J. What happens to compensation money when the rightful recipients don’t claim it? The Supreme Court of India took up this critical issue in a Suo Motu Writ Petition, addressing the significant amounts of unclaimed compensation

Supreme Court Addresses Unclaimed Compensation Amounts in Motor Accident and Labour Cases (22 April 2025) Read Post »

Supreme Court Clarifies Powers Under MOFA Regarding Deemed Conveyance: Arunkumar H Shah HUF vs. Avon Arcade Premises Co-operative Society (21 April 2025)

/ Abhay S. Oka, Judges, Maharashtra Ownership Flats Act, 1963, Maharashtra Ownership Flats Act, 1963 with Section 11, Maharashtra Ownership Flats Act, 1963 with Section 5A, Registration Act, 1908, Registration Act, 1908 with Section 11(5), Ujjal Bhuyan

Introduction Date of the Judgment: 21 April 2025 Citation: 2025 INSC 524 Judges: Abhay S. Oka, J., Ujjal Bhuyan, J. In cases of housing society disputes, the question of property conveyance often arises. Can a co-operative society seek a “deemed conveyance” of a property, even if there are disputes over land ownership? The Supreme Court

Supreme Court Clarifies Powers Under MOFA Regarding Deemed Conveyance: Arunkumar H Shah HUF vs. Avon Arcade Premises Co-operative Society (21 April 2025) Read Post »

Breach of Contract Affirmed, Compensation Modified: Supreme Court’s Verdict in Larsen and Toubro Limited vs. Puri Construction Pvt. Ltd. (2025)

/ Abhay S. Oka, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37, Contract Act, Contract Act with Section 16, Contract Act with Section 73, Judges, Pankaj Mithal

Introduction Date of the Judgment: April 21, 2025 Citation: 2025 INSC 523 Judges: Abhay S. Oka, J., Pankaj Mithal, J. In complex real estate disputes, determining the extent of liability and appropriate compensation can be challenging. The Supreme Court of India recently addressed such a case, focusing on a breach of contract between Larsen and

Breach of Contract Affirmed, Compensation Modified: Supreme Court’s Verdict in Larsen and Toubro Limited vs. Puri Construction Pvt. Ltd. (2025) Read Post »

Supreme Court settles the enforceability of arbitral awards post-resolution plan approval under IBC: Electrosteel Steel Limited vs. Ispat Carrier Private Limited (2025) INSC 525 (21 April 2025)

/ Abhay S. Oka, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 36, Corporate Insolvency Resolution Process (CIRP), Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 31, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Ujjal Bhuyan

Introduction Date of the Judgment: 21 April 2025 Citation: 2025 INSC 525 Judges: Abhay S. Oka, J., Ujjal Bhuyan, J. The Supreme Court addressed a critical question regarding the enforceability of arbitral awards when a resolution plan under the Insolvency and Bankruptcy Code, 2016 (IBC) has been approved. This case, Electrosteel Steel Limited (Now M/S

Supreme Court settles the enforceability of arbitral awards post-resolution plan approval under IBC: Electrosteel Steel Limited vs. Ispat Carrier Private Limited (2025) INSC 525 (21 April 2025) Read Post »

Supreme Court Quashes Criminal Proceedings in Commercial Dispute After Settlement: Suresh C. Singal vs. State of Gujarat (2025)

/ Abhay S. Oka, Augustine George Masih, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 420, Indian Penal Code, 1860 with Section 467, Judges

Introduction Date of the Judgment: April 16, 2025 Citation: 2025 INSC 495 Judges: Abhay S. Oka, J. and Augustine George Masih, J. When can a settlement in a commercial dispute lead to the quashing of criminal proceedings? The Supreme Court of India recently addressed this crucial question in a case involving allegations of fraud and

Supreme Court Quashes Criminal Proceedings in Commercial Dispute After Settlement: Suresh C. Singal vs. State of Gujarat (2025) Read Post »

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