Abhay S. Oka

Supreme Court Clarifies Retrenchment Under Section 25F of the Industrial Disputes Act for Daily Wage Workers: K.V. Anil Mithra & Anr. vs. Sree Sankaracharya University of Sanskrit & Anr. (27 October 2021)

/ Abhay S. Oka, Ajay Rastogi, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 2(oo), Industrial Disputes Act, 1947 with Section 25F, Judges, Retrenchment

Supreme Court Clarifies Retrenchment Under Section 25F of the Industrial Disputes Act for Daily Wage Workers LEGAL ISSUE: Whether the termination of daily wage workers without complying with Section 25F of the Industrial Disputes Act, 1947 is valid, irrespective of the legality of their initial appointments. CASE TYPE: Industrial Dispute/Labour Law Case Name: K.V. Anil […]

Supreme Court Clarifies Retrenchment Under Section 25F of the Industrial Disputes Act for Daily Wage Workers: K.V. Anil Mithra & Anr. vs. Sree Sankaracharya University of Sanskrit & Anr. (27 October 2021) Read Post »

Supreme Court Strikes Down First Come First Serve Policy for Land Licenses in Haryana: Anant Raj Ltd. vs. State of Haryana (27 October 2021)

/ Abhay S. Oka, Ajay Rastogi, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Haryana Development and Regulation of Urban Areas Act, 1975, Haryana Development and Regulation of Urban Areas Act, 1975 with Section 3, Haryana Development and Regulation of Urban Areas Act, 1975 with Section 9A, Judges, Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963, Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 with Section 5

Supreme Court Strikes Down First Come First Serve Policy for Land Licenses in Haryana LEGAL ISSUE: Whether the First Come First Serve (FCFS) policy adopted by the State of Haryana for granting licenses for developing group housing colonies is legally valid. CASE TYPE: Land and Urban Development Law Case Name: Anant Raj Ltd. vs. State

Supreme Court Strikes Down First Come First Serve Policy for Land Licenses in Haryana: Anant Raj Ltd. vs. State of Haryana (27 October 2021) Read Post »

Supreme Court settles seniority of Military Engineers based on date of appointment: Sudhir Kumar Atrey vs. Union of India (26 October 2021)

/ Abhay S. Oka, Ajay Rastogi, Constitutional Law, Constitutional Law with Article 142, Direct Recruitment, Judges, Seniority, Service Law, Service Rules

Seniority of Military Engineers: Supreme Court Rules on Date of Appointment LEGAL ISSUE: Determination of inter-se seniority of direct recruits in the Military Engineering Service. CASE TYPE: Service Law Case Name: Sudhir Kumar Atrey vs. Union of India & Ors. Judgment Date: 26 October 2021 Date of the Judgment: 26 October 2021 Citation: Not Available

Supreme Court settles seniority of Military Engineers based on date of appointment: Sudhir Kumar Atrey vs. Union of India (26 October 2021) Read Post »

Supreme Court Acquits Accused in Kerala Abkari Act Case Due to Lack of Evidence: Jayan vs. State of Kerala (2021)

/ Abhay S. Oka, Ajay Rastogi, Criminal Law, Evidence, Judges, Kerala Abkari Act, Kerala Abkari Act with Section 55(a), Witness Testimony

Supreme Court Acquits Accused in Kerala Abkari Act Case Due to Lack of Evidence: Jayan vs. State of Kerala (2021) LEGAL ISSUE: Whether the prosecution has sufficiently proven the charges of illegal transportation of spirit under the Kerala Abkari Act. CASE TYPE: Criminal Law Case Name: Jayan vs. State of Kerala [Judgment Date]: 22 October

Supreme Court Acquits Accused in Kerala Abkari Act Case Due to Lack of Evidence: Jayan vs. State of Kerala (2021) Read Post »

Supreme Court clarifies liability of Directors in cheque bounce cases: Ashutosh Ashok Parasrampuriya & Anr. vs. M/S. Gharrkul Industries Pvt. Ltd. & Ors. (2021) INSC 659 (08 October 2021)

/ Abhay S. Oka, Ajay Rastogi, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Cognizance of Offences, Judges, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 141

Supreme Court Clarifies Director Liability in Cheque Dishonor Cases Date of the Judgment: 08 October 2021 Citation: (2021) INSC 659 Judges: Justices Ajay Rastogi and Abhay S. Oka Can a company director be held liable in a cheque bounce case if they weren’t directly involved in the day-to-day business? The Supreme Court addressed this crucial

Supreme Court clarifies liability of Directors in cheque bounce cases: Ashutosh Ashok Parasrampuriya & Anr. vs. M/S. Gharrkul Industries Pvt. Ltd. & Ors. (2021) INSC 659 (08 October 2021) Read Post »

Supreme Court allows condonation of delay in eviction case: Ambika Murali vs. Tmt. Valliamma (07 October 2021)

/ Abhay S. Oka, Ajay Rastogi, Civil Procedure, Condonation of Delay, Eviction, Ex-parte Decree, Judges, Rent Control Law

Supreme Court Allows Condonation of Delay in Eviction Case: Ambika Murali vs. Tmt. Valliamma LEGAL ISSUE: Whether a delay in filing an application to set aside an ex-parte decree in a rent control case can be condoned. CASE TYPE: Rent Control/Eviction Case Name: Mrs. Ambika Murali vs. Tmt. Valliamma & Anr. Judgment Date: 07 October

Supreme Court allows condonation of delay in eviction case: Ambika Murali vs. Tmt. Valliamma (07 October 2021) Read Post »

Supreme Court Denies Promotion to Cashier Based on Junior’s Promotion: State of U.P. vs. Shyam Lal Jaiswal (2021)

/ Abhay S. Oka, Ajay Rastogi, Judges, Promotion, Service Law, Service Law with Uttar Pradesh Transport (Subordinate) Prosecution Service Rules, 1979

Supreme Court Denies Promotion to Cashier Based on Junior’s Promotion: State of U.P. vs. Shyam Lal Jaiswal (2021) Date of the Judgment: October 7, 2021 Citation: (2021) INSC 688 Judges: Hon’ble Justices Ajay Rastogi and Abhay S. Oka Can a government employee claim a promotion based solely on the fact that their juniors were promoted

Supreme Court Denies Promotion to Cashier Based on Junior’s Promotion: State of U.P. vs. Shyam Lal Jaiswal (2021) Read Post »

Supreme Court Upholds Bar Council Decision in Disciplinary Matter: Ramesh Chand Goyal vs. Balbir Singh Chakkal (2021)

/ Abhay S. Oka, Ajay Rastogi, Appellate Jurisdiction, Bar Council of India, Bar Council of India with Disciplinary Committee, Disciplinary Proceedings, Judges, Supreme Court of India

Supreme Court Upholds Bar Council Decision in Disciplinary Matter: Ramesh Chand Goyal vs. Balbir Singh Chakkal (2021) LEGAL ISSUE: Review of a disciplinary order by the Bar Council of India. CASE TYPE: Disciplinary Matter Case Name: Ramesh Chand Goyal vs. Balbir Singh Chakkal [Judgment Date]: October 4, 2021 Date of the Judgment: October 4, 2021

Supreme Court Upholds Bar Council Decision in Disciplinary Matter: Ramesh Chand Goyal vs. Balbir Singh Chakkal (2021) Read Post »

Supreme Court Orders Transfer of Civil Suit: M/S. Himalaya Distilleries Limited vs. Urmila Pradhan & Ors. (2021)

/ Abhay S. Oka, Civil Law, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 25, Judges, Transfer of Cases

Supreme Court Transfers Civil Suit: Himalaya Distilleries vs. Urmila Pradhan (2021) LEGAL ISSUE: Transfer of civil suit from one district court to another. CASE TYPE: Civil Case Name: M/S. Himalaya Distilleries Limited vs. Urmila Pradhan & Ors. [Judgment Date]: 01 October 2021 Introduction Date of the Judgment: 01 October 2021 Citation: Not Available Judges: Justice

Supreme Court Orders Transfer of Civil Suit: M/S. Himalaya Distilleries Limited vs. Urmila Pradhan & Ors. (2021) Read Post »

Supreme Court Dismisses Transfer Petition as Infructuous: Nidhi Sethi vs. Harsh Kumar (2021)

/ Abhay S. Oka, Family Law, Judges, Transfer Petition

Supreme Court Dismisses Transfer Petition as Infructuous: Nidhi Sethi vs. Harsh Kumar (2021) LEGAL ISSUE: Whether a transfer petition can be withdrawn when it becomes infructuous. CASE TYPE: Family Law Case Name: Nidhi Sethi vs. Harsh Kumar [Judgment Date]: October 01, 2021 Date of the Judgment: October 01, 2021 Citation: Not Available Judges: Justice Abhay

Supreme Court Dismisses Transfer Petition as Infructuous: Nidhi Sethi vs. Harsh Kumar (2021) Read Post »

Supreme Court recalls judgment in land dispute case: Delhi Development Authority vs. Gaurav Kumar (2021)

/ Abhay S. Oka, Ajay Rastogi, Civil Procedure, Inherent Powers of Supreme Court, Judges, Review Petition, Tagging of Cases

Supreme Court recalls judgment in DDA vs. Gaurav Kumar case (2021) LEGAL ISSUE: Whether a judgment can be recalled due to an inadvertent error in tagging of cases. CASE TYPE: Land Dispute, Review Petition. Case Name: Delhi Development Authority vs. Gaurav Kumar & Ors. Judgment Date: 30 September 2021 Date of the Judgment: 30 September

Supreme Court recalls judgment in land dispute case: Delhi Development Authority vs. Gaurav Kumar (2021) Read Post »

Supreme Court overturns High Court order on IFS promotions: Union of India vs. Trilok S. Bhandari (29 September 2021)

/ Abhay S. Oka, Ajay Rastogi, Constitutional Law, Constitutional Law with Article 142, Indian Forest Service, Indian Forest Service (Appointment by Promotion) Regulations, 1966, Judges, Promotion, Service Law

Supreme Court overturns High Court order on IFS promotions: Union of India vs. Trilok S. Bhandari (2021) LEGAL ISSUE: Whether the High Court was correct in directing the Union of India to adjust officers promoted to the Indian Forest Service (IFS) in 1996 against notional vacancies, despite a subsequent review process. CASE TYPE: Service Law,

Supreme Court overturns High Court order on IFS promotions: Union of India vs. Trilok S. Bhandari (29 September 2021) Read Post »

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