Abhay S. Oka

Supreme Court clarifies applicability of Central and State laws in Scheduled Areas: Adivasis for Social and Human Rights Action vs. Union of India (2023)

/ Abhay S. Oka, Applicability of Laws, Constitutional Law, Constitutional Law with Article 19, Constitutional Law with Article 244, Fifth Schedule, Fundamental Rights, Judges, Rajesh Bindal, Scheduled Areas, Scheduled Areas with Land Acquisition Act, 1894

Supreme Court clarifies applicability of Central and State laws in Scheduled Areas: Adivasis for Social and Human Rights Action vs. Union of India (2023) LEGAL ISSUE: Whether Central and State laws automatically apply to Scheduled Areas, or if they require specific notifications by the Governor. CASE TYPE: Constitutional Law, specifically concerning the Fifth Schedule of […]

Supreme Court clarifies applicability of Central and State laws in Scheduled Areas: Adivasis for Social and Human Rights Action vs. Union of India (2023) Read Post »

Supreme Court Clarifies Applicability of Laws in Scheduled Areas: Adivasis for Social and Human Rights Action vs. Union of India (2023)

/ Abhay S. Oka, Applicability of Laws, Constitutional Law, Constitutional Law with Article 19(1)(e), Constitutional Law with Article 244, Fifth Schedule, Judges, Rajesh Bindal, Rights of Residents, Scheduled Areas

Supreme Court Clarifies Applicability of Laws in Scheduled Areas: Adivasis for Social and Human Rights Action vs. Union of India (2023) LEGAL ISSUE: Whether Central and State laws automatically apply to Scheduled Areas, or require specific notifications by the Governor. CASE TYPE: Constitutional Law, specifically concerning the Fifth Schedule of the Constitution. Case Name: Adivasis

Supreme Court Clarifies Applicability of Laws in Scheduled Areas: Adivasis for Social and Human Rights Action vs. Union of India (2023) Read Post »

Supreme Court Grants Probation in Essential Commodities Act Case After 37 Years

/ Abhay S. Oka, Essential Commodities Act, 1955, Essential Commodities Act, 1955 with Section 7(1)(a)(ii), Judges, Probation, Probation of Offenders Act, 1958, Probation of Offenders Act, 1958 with Section 4, Rajesh Bindal, Sentencing

Supreme Court Grants Probation in Essential Commodities Act Case After 37 Years LEGAL ISSUE: Whether a person convicted under the Essential Commodities Act, 1955 can be granted probation under the Probation of Offenders Act, 1958, despite a minimum sentence prescribed in the Essential Commodities Act. CASE TYPE: Criminal Law Case Name: Tarak Nath Keshari vs.

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Supreme Court grants probation in Essential Commodities Act case: Tarak Nath Keshari vs. State of West Bengal (2023)

/ Abhay S. Oka, Essential Commodities Act, 1955, Essential Commodities Act, 1955 with Section 7(1)(a)(ii), Judges, Orders Under Section 3, Probation of Offenders Act, 1958, Probation of Offenders Act, 1958 with Section 4, Rajesh Bindal

Supreme Court grants probation in Essential Commodities Act case: Tarak Nath Keshari vs. State of West Bengal (2023) Date of the Judgment: May 10, 2023 Citation: 2023 INSC 513 Judges: Abhay S. Oka, J., Rajesh Bindal, J. Can a person convicted under the Essential Commodities Act, 1955 be released on probation? The Supreme Court of

Supreme Court grants probation in Essential Commodities Act case: Tarak Nath Keshari vs. State of West Bengal (2023) Read Post »

Supreme Court Quashes Cheating Case Against Land Buyers: Mukeem Ahmad vs. State of U.P. (2023)

/ Abhay S. Oka, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 156(3), Code of Criminal Procedure, 1973 with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 420, Indian Penal Code, 1860 with Section 467, Judges, Offences Relating to Property, Rajesh Bindal

Supreme Court Quashes Cheating Case Against Land Buyers: Mukeem Ahmad vs. State of U.P. (2023) LEGAL ISSUE: Whether a criminal case for cheating can be sustained against a buyer of land when the seller’s title is disputed, but the land was duly recorded in the seller’s name at the time of sale. CASE TYPE: Criminal

Supreme Court Quashes Cheating Case Against Land Buyers: Mukeem Ahmad vs. State of U.P. (2023) Read Post »

Supreme Court quashes criminal case against land purchasers in property dispute: Mukeem Ahmad vs. State of U.P. (2023)

/ Abhay S. Oka, Code of Criminal Procedure, Code of Criminal Procedure with Section 156(3), Code of Criminal Procedure with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 420, Indian Penal Code, 1860 with Section 467, Judges, Offences Relating to Property, Rajesh Bindal

Supreme Court quashes criminal case against land purchasers in property dispute: Mukeem Ahmad vs. State of U.P. (2023) Date of the Judgment: May 09, 2023 Citation: 2023 INSC 506 Judges: Abhay S. Oka, J. and Rajesh Bindal, J. Can a criminal case be pursued against individuals who purchased land from a seller with a seemingly

Supreme Court quashes criminal case against land purchasers in property dispute: Mukeem Ahmad vs. State of U.P. (2023) Read Post »

Supreme Court Dismisses HUDA’s Appeal for Additional Plot Price: Haryana Urban Development Authority vs. Jagdeep Singh (2023)

/ Abhay S. Oka, Allotment of Land, Breach of contract, Contract Law, Government Land Allocation, Interpretation of Contracts, Judges, Land Acquisition Act, Property Law, Property Law with Clause 9 of the Allotment Letter, Rajesh Bindal

Supreme Court Dismisses HUDA’s Appeal for Additional Plot Price: Haryana Urban Development Authority vs. Jagdeep Singh (2023) LEGAL ISSUE: Whether the Haryana Urban Development Authority (HUDA) can demand additional price for a plot from an allottee based on an increase in the cost of land when the land was not acquired under the Land Acquisition

Supreme Court Dismisses HUDA’s Appeal for Additional Plot Price: Haryana Urban Development Authority vs. Jagdeep Singh (2023) Read Post »

Supreme Court Dismisses HUDA’s Appeal for Additional Plot Price: Jagdeep Singh Case (2023)

/ Abhay S. Oka, Allotment Letter, Breach of contract, Contract Law, Judges, Land Acquisition Act, Land Acquisition Act with Acquisition, Land Acquisition Act with Award, Rajesh Bindal

Supreme Court Dismisses HUDA’s Appeal for Additional Plot Price: Jagdeep Singh Case (2023) LEGAL ISSUE: Whether a development authority can demand additional price for a plot based on increased land cost when the land was not acquired under the Land Acquisition Act, but transferred from another government department. CASE TYPE: Civil Case Name: Haryana Urban

Supreme Court Dismisses HUDA’s Appeal for Additional Plot Price: Jagdeep Singh Case (2023) Read Post »

Supreme Court Upholds Pension Rights Despite Employer Error: Calcutta State Transport Corporation vs. Ashit Chakraborty (2023)

/ Abhay S. Oka, Judges, Pension Benefits, Rajesh Bindal, Road Transport Corporation Act, 1950, Road Transport Corporation Act, 1950 with Section 45, Service Law

Supreme Court Upholds Pension Rights Despite Employer Error: Calcutta State Transport Corporation vs. Ashit Chakraborty (2023) LEGAL ISSUE: Whether an employee who opted for a pension scheme can be denied benefits due to the employer’s error in continuing deductions towards a Contributory Provident Fund (CPF) scheme. CASE TYPE: Service Law Case Name: Calcutta State Transport

Supreme Court Upholds Pension Rights Despite Employer Error: Calcutta State Transport Corporation vs. Ashit Chakraborty (2023) Read Post »

Supreme Court Upholds Pension Rights Despite Employer’s Error in Calcutta State Transport Corporation vs. Ashit Chakraborty (2023)

/ Abhay S. Oka, Calcutta State Transport Corporation Employees’ Service (Death cum Retirement Benefits) Regulations, 1990, Judges, Pension Benefits, Rajesh Bindal, Road Transport Corporation Act, 1950, Road Transport Corporation Act, 1950 with Section 45, Service Law, Service Law with Waiver

Supreme Court Upholds Pension Rights Despite Employer’s Error in Calcutta State Transport Corporation vs. Ashit Chakraborty (2023) LEGAL ISSUE: Whether an employee is entitled to pension benefits after opting for a pension scheme, despite the employer’s continued deductions for a Contributory Provident Fund (CPF) and not paying pension benefits. CASE TYPE: Service Law Case Name:

Supreme Court Upholds Pension Rights Despite Employer’s Error in Calcutta State Transport Corporation vs. Ashit Chakraborty (2023) Read Post »

Supreme Court Upholds Service Counting for Diploma Holders Acquiring Degrees in Promotion: T. Valsan vs. K. Kanagaraj (2023)

/ Abhay S. Oka, Judges, Manoj Misra, Promotion Rules, Sanjay Kishan Kaul, Seniority, Service Law, Service Law with Recruitment Rules, 1979

Supreme Court Upholds Service Counting for Diploma Holders Acquiring Degrees in Promotion: T. Valsan vs. K. Kanagaraj (2023) Date of the Judgment: May 8, 2023 Citation: (2023) INSC 449 Judges: Sanjay Kishan Kaul, J., Abhay S. Oka, J., Manoj Misra, J. Can a Diploma holder, who obtains an Engineering Degree during their service, count their

Supreme Court Upholds Service Counting for Diploma Holders Acquiring Degrees in Promotion: T. Valsan vs. K. Kanagaraj (2023) Read Post »

Supreme Court Clarifies Powers Under Article 142 in Divorce Cases: Shilpa Sailesh vs. Varun Sreenivasan (2023)

/ Abhay S. Oka, Constitutional Law, Constitutional Law with Article 142, Divorce Law, Family Law, Fundamental Rights, Hindu Marriage Act, 1955, Hindu Marriage Act, 1955 with Section 13(1)(i-a), Hindu Marriage Act, 1955 with Section 13B, J.K. Maheshwari, Judges, Matrimonial Disputes, Sanjay Kishan Kaul, Sanjiv Khanna, Vikram Nath

Supreme Court Clarifies Powers Under Article 142 in Divorce Cases: Shilpa Sailesh vs. Varun Sreenivasan (2023) LEGAL ISSUE: Scope and extent of the Supreme Court’s power under Article 142 of the Constitution of India to grant divorce, including waiving the mandatory waiting period for mutual consent divorce and granting divorce in cases of irretrievable breakdown

Supreme Court Clarifies Powers Under Article 142 in Divorce Cases: Shilpa Sailesh vs. Varun Sreenivasan (2023) Read Post »

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