Adarsh Kumar Goel

Supreme Court Holds Nursing Home Liable for Lack of ICU in Medical Negligence Case: Bijoy Sinha Roy (D) vs. Biswanath Das & Ors. (2017) INSC 739 (30 August 2017)

/ Adarsh Kumar Goel, Consumer Law, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 24B, ICU Facilities, Judges, Medical Infrastructure, Medical Law, Medical Negligence, Uday Umesh Lalit

Date of the Judgment: 30 August 2017 Citation: (2017) INSC 739 Judges: Adarsh Kumar Goel, J. and Uday Umesh Lalit, J. Can a hospital be held liable for medical negligence if it performs surgery without adequate post-operative care facilities? The Supreme Court of India addressed this critical question in a case concerning the death of […]

Supreme Court Holds Nursing Home Liable for Lack of ICU in Medical Negligence Case: Bijoy Sinha Roy (D) vs. Biswanath Das & Ors. (2017) INSC 739 (30 August 2017) Read Post »

Supreme Court issues guidelines to prevent misuse of Section 498A IPC in matrimonial cases: Rajesh Sharma & Ors. vs. State of U.P. & Anr. (27 July 2017)

/ Adarsh Kumar Goel, Code of Criminal Procedure, Code of Criminal Procedure with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 323, Indian Penal Code, 1860 with Section 498A, Judges, Offences Relating to Marriage, Uday Umesh Lalit

Can the criminal justice system be used to harass innocent family members in matrimonial disputes? The Supreme Court of India addressed this critical issue in Rajesh Sharma & Ors. vs. State of U.P. & Anr., acknowledging the misuse of Section 498A of the Indian Penal Code (IPC). This provision, intended to protect women from cruelty,

Supreme Court issues guidelines to prevent misuse of Section 498A IPC in matrimonial cases: Rajesh Sharma & Ors. vs. State of U.P. & Anr. (27 July 2017) Read Post »

Supreme Court Invalidates Shiksha Mitra Appointments as Teachers: State of UP vs. Anand Kumar Yadav (25 July 2017)

/ Adarsh Kumar Goel, Constitutional Law, Constitutional Law with Article 243G, Fundamental Rights, Judges, National Council for Teacher Education Act, 1993, Right of Children to Free and Compulsory Education Act, 2009, Right of Children to Free and Compulsory Education Act, 2009 with Section 23, Uday Umesh Lalit

LEGAL ISSUE: Whether unqualified teachers can be appointed for basic education, and whether the State can relax statutory qualifications. CASE TYPE: Education Law, Service Law Case Name: State of U.P. & Anr. vs. Anand Kumar Yadav & Ors. Judgment Date: 25 July 2017 Introduction Date of the Judgment: 25 July 2017 Citation: (2017) INSC 683

Supreme Court Invalidates Shiksha Mitra Appointments as Teachers: State of UP vs. Anand Kumar Yadav (25 July 2017) Read Post »

Supreme Court Relaxes Graduation Marks for B.Ed. Teachers: Neeraj Kumar Rai vs. State of U.P. (25 July 2017)

/ Adarsh Kumar Goel, Constitutional Law, Constitutional Law with Article 14, Education Law, Judges, National Council for Teacher Education (NCTE), Right of Children to Free and Compulsory Education Act, 2009 with Section 23(1), Teacher Eligibility, Uday Umesh Lalit

LEGAL ISSUE: Whether candidates with a B.Ed. degree and 50% marks in post-graduation can be disqualified from teaching positions due to not having 50% marks in graduation, despite being eligible for B.Ed. admission based on their post-graduation marks. CASE TYPE: Education Law Case Name: Neeraj Kumar Rai and ors. vs. State of U.P. & Others

Supreme Court Relaxes Graduation Marks for B.Ed. Teachers: Neeraj Kumar Rai vs. State of U.P. (25 July 2017) Read Post »

Supreme Court clarifies procedure for Section 138 Negotiable Instruments Act cases: Meters and Instruments vs. Kanchan Mehta (2017)

/ Adarsh Kumar Goel, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 205, Code of Criminal Procedure, 1973 with Section 258, Code of Criminal Procedure, 1973 with Section 357, Judges, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 143, Negotiable Instruments Act, 1881 with Section 147, Uday Umesh Lalit

Can proceedings under Section 138 of the Negotiable Instruments Act be closed if the accused is willing to pay the cheque amount? The Supreme Court of India recently addressed this question in a case concerning cheque dishonor. The court clarified the procedure, emphasizing the compensatory nature of the law and the possibility of closing proceedings

Supreme Court clarifies procedure for Section 138 Negotiable Instruments Act cases: Meters and Instruments vs. Kanchan Mehta (2017) Read Post »

Supreme Court Modifies Sentence in Uphaar Tragedy Case: Fine Imposed Instead of Additional Jail Time

/ Adarsh Kumar Goel, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 304A, Indian Penal Code, 1860 with Section 65, Judges, Kurian Joseph, Offences Affecting the Human Body, Ranjan Gogoi

LEGAL ISSUE: Whether a sentence of imprisonment can be substituted with a fine, and the extent of punishment for offences under Section 304A of the Indian Penal Code, 1860. CASE TYPE: Criminal Law Case Name: Association of Victims of Uphaar Tragedy vs. Sushil Ansal and Another Judgment Date: 9th February 2017 Introduction Date of the

Supreme Court Modifies Sentence in Uphaar Tragedy Case: Fine Imposed Instead of Additional Jail Time Read Post »

Supreme Court Upholds Conviction in Murder Case: Bhagwan Jagannath Markad vs. State of Maharashtra (2016)

/ Adarsh Kumar Goel, Criminal Procedure Code, Criminal Procedure Code with FIR, Criminal Procedure Code with Section 154, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 149, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, V. Gopala Gowda

LEGAL ISSUE: Whether the High Court was justified in reversing the acquittal of the appellants on the basis of evidence available on record, particularly when the trial court had acquitted the accused citing inconsistencies and contradictions in the prosecution’s case. CASE TYPE: Criminal Law – Murder, Unlawful Assembly Case Name: Bhagwan Jagannath Markad & Ors.

Supreme Court Upholds Conviction in Murder Case: Bhagwan Jagannath Markad vs. State of Maharashtra (2016) Read Post »

Supreme Court Upholds Conviction for Illegal Sale of Poppy Straw: Girish Raghunath Mehta vs. Inspector of Customs (2016)

/ Adarsh Kumar Goel, C. Nagappan, Constitutional Law, Constitutional Law with Article 136, Judges, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 43, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 67

LEGAL ISSUE: Whether the conviction for illegal sale of poppy straw under the Narcotic Drugs and Psychotropic Substances Act, 1985 is sustainable when the contraband was recovered from a public place and the accused made a statement under Section 67 of the Act. CASE TYPE: Criminal Law, Narcotic Drugs and Psychotropic Substances Act, 1985 Case

Supreme Court Upholds Conviction for Illegal Sale of Poppy Straw: Girish Raghunath Mehta vs. Inspector of Customs (2016) Read Post »

Supreme Court Validates Gift of Undivided Property in Muslim Law: Khursida Begum vs. Mohammad Farooq (2016)

/ Adarsh Kumar Goel, Anil R. Dave, Delivery of Possession, Gift Deed, Gift of Immovable Property, Hiba-bil-musha, Judges, Mohammedan Law, Mohammedan Law with Section 160, Mohammedan Law with Section 206, Muslim Law, Property Law, Tenancy

Can a gift of an undivided share of property be valid under Muslim Law? This was the core question before the Supreme Court of India in the case of Khursida Begum (D) By Lrs. & Ors. vs. Mohammad Farooq (D) By Lrs. & Anr. The court examined the validity of a gift deed concerning a

Supreme Court Validates Gift of Undivided Property in Muslim Law: Khursida Begum vs. Mohammad Farooq (2016) Read Post »

Supreme Court Enhances Land Compensation for Power House Acquisition: N.D. Sharma vs. Union of India (2016)

/ Adarsh Kumar Goel, Anil R. Dave, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 4, Shiva Kirti Singh

Can land owners receive equal compensation when their land is acquired for the same project? The Supreme Court of India addressed this question in a recent case concerning land acquisition for a power house. The Court ruled that landowners should receive the same compensation as their neighbors if their land is similarly situated. This decision

Supreme Court Enhances Land Compensation for Power House Acquisition: N.D. Sharma vs. Union of India (2016) Read Post »

Supreme Court Overturns Possession Decree After Land Acquisition: Market Committee Hodal vs. Sukhdevi (2015)

/ Adarsh Kumar Goel, Anil R. Dave, Civil Law, Civil Suit, Decree of Possession, Judges, Land Acquisition, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 4, Land Acquisition Act, 1894 with Section 6

Date of the Judgment: 15th October, 2015 Citation: Not Available Judges: Anil R. Dave, J. and Adarsh Kumar Goel, J. Can a civil court decree possession of land when that land has already been acquired by the government? The Supreme Court of India addressed this critical question in a case where a lower court had

Supreme Court Overturns Possession Decree After Land Acquisition: Market Committee Hodal vs. Sukhdevi (2015) Read Post »

Supreme Court clarifies when a witness can be summoned as an accused in corruption cases (23 August 2017)

/ Adarsh Kumar Goel, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 161, Code of Criminal Procedure, 1973 with Section 306, Code of Criminal Procedure, 1973 with Section 319, Judges, Uday Umesh Lalit

Can a person initially named as a witness be summoned as an accused later in a criminal trial? The Supreme Court of India addressed this crucial question in a case involving alleged corruption. The court clarified the circumstances under which a person, initially considered a witness, can be summoned as an accused. This judgment impacts

Supreme Court clarifies when a witness can be summoned as an accused in corruption cases (23 August 2017) Read Post »

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