Ajay Rastogi

Supreme Court Orders Regularization of Teachers Appointed Under the Uttar Pradesh State Universities Act, 1973: Somesh Thapliyal vs. HNB Garhwal University (2021)

/ Ajay Rastogi, Central Universities Act, 2009, Central Universities Act, 2009 with Section 27, Central Universities Act, 2009 with Section 4(d), Constitutional Law, Constitutional Law with Article 14, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 23, Judges, Uday Umesh Lalit, Uttar Pradesh State Universities Act, 1973, Uttar Pradesh State Universities Act, 1973 with Section 21(1), Uttar Pradesh State Universities Act, 1973 with Section 31, Uttar Pradesh State Universities Act, 1973 with Section 4(1)

Supreme Court Orders Regularization of Teachers Appointed Under the Uttar Pradesh State Universities Act, 1973: Somesh Thapliyal vs. HNB Garhwal University (2021) LEGAL ISSUE: Whether teachers appointed through a regular selection process under the Uttar Pradesh State Universities Act, 1973, can be denied substantive appointments based on arbitrary contractual conditions imposed by the University. CASE […]

Supreme Court Orders Regularization of Teachers Appointed Under the Uttar Pradesh State Universities Act, 1973: Somesh Thapliyal vs. HNB Garhwal University (2021) Read Post »

Supreme Court Upholds Conviction in Murder Case, Acquits Two: Sandeep vs. State of Haryana (2021)

/ Ajay Rastogi, Arms Act, 1959, Arms Act, 1959 with Section 25, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 293, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, Offences Against Human Body, Uday Umesh Lalit

Supreme Court Upholds Conviction in Murder Case, Acquits Two: Sandeep vs. State of Haryana (2021) LEGAL ISSUE: Whether the accused persons were rightly convicted for murder and under the Arms Act, based on the evidence presented. CASE TYPE: Criminal Case Name: Sandeep vs. State of Haryana Judgment Date: 27 August 2021 Date of the Judgment:

Supreme Court Upholds Conviction in Murder Case, Acquits Two: Sandeep vs. State of Haryana (2021) Read Post »

Supreme Court Upholds Prosecution of Public Servants Under Water Act: Noorulla Khan vs. Karnataka State Pollution Control Board (2021)

/ Ajay Rastogi, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 197, Code of Criminal Procedure, 1973 with Section 5, Judges, Offences under the Water Act, Uday Umesh Lalit, Water (Prevention and Control of Pollution) Act, 1974, Water (Prevention and Control of Pollution) Act, 1974 with Section 48, Water (Prevention and Control of Pollution) Act, 1974 with Section 60

Supreme Court Upholds Prosecution of Public Servants Under Water Act: Noorulla Khan vs. Karnataka State Pollution Control Board (2021) LEGAL ISSUE: Whether public servants can claim protection under Section 197 of the Code of Criminal Procedure, 1973 in cases of offenses under the Water (Prevention and Control of Pollution) Act, 1974. CASE TYPE: Criminal Law,

Supreme Court Upholds Prosecution of Public Servants Under Water Act: Noorulla Khan vs. Karnataka State Pollution Control Board (2021) Read Post »

Supreme Court directs Legal Services Authorities to provide full case records to legal aid lawyers: Brijesh Kumar vs. State of Uttar Pradesh (22 March 2021)

/ Ajay Rastogi, Constitutional Law, Constitutional Law with Article 21, Effective Legal Representation, Free Legal Aid, Judges, Legal Services Authorities Act, 1987, Mohan M. Shantanagoudar

Supreme Court directs Legal Services Authorities to provide full case records to legal aid lawyers: Brijesh Kumar vs. State of Uttar Pradesh (2021) LEGAL ISSUE: Ensuring effective legal representation for all, regardless of economic status. CASE TYPE: Criminal Case Name: Brijesh Kumar vs. State of Uttar Pradesh [Judgment Date]: 22 March 2021 Date of the

Supreme Court directs Legal Services Authorities to provide full case records to legal aid lawyers: Brijesh Kumar vs. State of Uttar Pradesh (22 March 2021) Read Post »

Supreme Court Sets Aside Quashing of Criminal Proceedings in Property Dispute: Priti Saraf vs. State of NCT of Delhi (2021)

/ Ajay Rastogi, 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 406, Indian Penal Code, 1860 with Section 420, Indu Malhotra, Judges, Offences Relating to Property

Supreme Court Sets Aside Quashing of Criminal Proceedings in Property Dispute: Priti Saraf vs. State of NCT of Delhi (2021) LEGAL ISSUE: Whether a criminal case for cheating and breach of trust can be quashed when a commercial transaction has failed, and arbitration proceedings have been initiated. CASE TYPE: Criminal Case Name: Priti Saraf &

Supreme Court Sets Aside Quashing of Criminal Proceedings in Property Dispute: Priti Saraf vs. State of NCT of Delhi (2021) Read Post »

Supreme Court Quashes High Court Order Restricting Public Access to Private Road: PMRDA vs. Prakash Harkachand Parakh (2021)

/ Ajay Rastogi, Constitutional Law, Constitutional Law with Article 226, Indu Malhotra, Judges, Judicial Review, Maharashtra Land Revenue Code, 1966, Maharashtra Land Revenue Code, 1966 with Section 44, Maharashtra Regional and Town and Country Planning Act, 1966, Maharashtra Regional and Town and Country Planning Act, 1966 with Section 18

Supreme Court Quashes High Court Order Restricting Public Access to Private Road: PMRDA vs. Prakash Harkachand Parakh (2021) LEGAL ISSUE: Whether a High Court can modify an order of a planning authority regarding public access to a road through an interim order. CASE TYPE: Civil Law, Town Planning Case Name: Pune Metropolitan Regional Development Authority

Supreme Court Quashes High Court Order Restricting Public Access to Private Road: PMRDA vs. Prakash Harkachand Parakh (2021) Read Post »

Supreme Court clarifies limitation for arbitration applications and rejects time-barred claims: Bharat Sanchar Nigam Ltd. vs. Nortel Networks India Pvt. Ltd. (2021)

/ Ajay Rastogi, Appointment of Arbitrators, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 43, Indu Malhotra, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 137

Supreme Court Clarifies Limitation for Arbitration Applications: BSNL vs. Nortel (2021) LEGAL ISSUE: What is the limitation period for filing an application for appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, and can a court refuse to appoint an arbitrator if the claims are evidently time-barred? CASE TYPE: Arbitration

Supreme Court clarifies limitation for arbitration applications and rejects time-barred claims: Bharat Sanchar Nigam Ltd. vs. Nortel Networks India Pvt. Ltd. (2021) Read Post »

Supreme Court allows summoning of witnesses under Section 311 CrPC for second post-mortem in dowry death case: V.N. Patil vs. K. Niranjan Kumar & Ors (2021) INSC 122 (04 March 2021)

/ Ajay Rastogi, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 311, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 498A, Indu Malhotra, Judges

Supreme Court Allows Summons of Witnesses for Second Post-Mortem in Dowry Death Case Date of the Judgment: 04 March 2021 Citation: (2021) INSC 122 Judges: Indu Malhotra, J., Ajay Rastogi, J. Can a trial court summon witnesses to examine a second post-mortem report, even if those witnesses were not part of the original investigation? The

Supreme Court allows summoning of witnesses under Section 311 CrPC for second post-mortem in dowry death case: V.N. Patil vs. K. Niranjan Kumar & Ors (2021) INSC 122 (04 March 2021) Read Post »

Supreme Court Sets Aside OBC Reservations in Maharashtra Local Body Elections: Vikas Kishanrao Gawali vs. State of Maharashtra (2021) INSC 123 (04 March 2021)

/ A.M. Khanwilkar, Ajay Rastogi, Constitutional Law, Constitutional Law with Article 243D, Constitutional Law with Article 243T, Election Law, Election Law with Section 12(2)(c), Fundamental Rights, Indu Malhotra, Judges, Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961

Supreme Court Sets Aside OBC Reservations in Maharashtra Local Body Elections LEGAL ISSUE: Whether reservations for Other Backward Classes (OBCs) in local body elections can exceed 50% of the total seats and what are the conditions for providing such reservations. CASE TYPE: Constitutional Law, Election Law Case Name: Vikas Kishanrao Gawali vs. State of Maharashtra

Supreme Court Sets Aside OBC Reservations in Maharashtra Local Body Elections: Vikas Kishanrao Gawali vs. State of Maharashtra (2021) INSC 123 (04 March 2021) Read Post »

Supreme Court Enhances Land Compensation for Appellant: Murali Alias Dhananjayan vs. State of Kerala (2021)

/ Ajay Rastogi, Compensation, Indu Malhotra, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 28A, Land Acquisition Act, 1894 with Section 4(1)

Supreme Court Enhances Land Compensation for Appellant: Murali Alias Dhananjayan vs. State of Kerala (2021) LEGAL ISSUE: Whether the appellant is entitled to the same enhanced compensation as his father and brother for land acquired under the same notification. CASE TYPE: Land Acquisition. Case Name: Murali Alias Dhananjayan v. State of Kerala. Judgment Date: March

Supreme Court Enhances Land Compensation for Appellant: Murali Alias Dhananjayan vs. State of Kerala (2021) Read Post »

Supreme Court Clarifies Limitation for Challenging Arbitral Awards: Dakshin Haryana Bijli Vitran Nigam Ltd. vs. Navigant Technologies Pvt. Ltd. (2 March 2021)

/ Ajay Rastogi, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 29, Arbitration and Conciliation Act, 1996 with Section 31, Arbitration and Conciliation Act, 1996 with Section 34, Indu Malhotra, Judges

Supreme Court Clarifies Limitation for Challenging Arbitral Awards: Dakshin Haryana Bijli Vitran Nigam Ltd. vs. Navigant Technologies Pvt. Ltd. (2021) LEGAL ISSUE: Determining the commencement date for the limitation period to challenge an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law Case Name: Dakshin Haryana Bijli Vitran

Supreme Court Clarifies Limitation for Challenging Arbitral Awards: Dakshin Haryana Bijli Vitran Nigam Ltd. vs. Navigant Technologies Pvt. Ltd. (2 March 2021) Read Post »

Supreme Court Clarifies Effect of Consent Decrees on Non-Signatory Parties: Chitralekha Builders vs. GIC Employees (2021)

/ Ajay Rastogi, Civil Law, Civil Law with Substantive Suit, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 96, Consent Decree, Indu Malhotra, Judges

Supreme Court Clarifies Effect of Consent Decrees on Non-Signatory Parties: Chitralekha Builders vs. GIC Employees (2021) LEGAL ISSUE: Effect of consent decrees on parties not signatory to the consent terms. CASE TYPE: Civil Case Name: M/S. CHITRALEKHA BUILDERS & ANR. vs. G.I.C. EMPLOYEES SONAL VIHAR CO-OP. HOUSING SOCIETY LTD. & ANR. Judgment Date: March 1,

Supreme Court Clarifies Effect of Consent Decrees on Non-Signatory Parties: Chitralekha Builders vs. GIC Employees (2021) Read Post »

Scroll to Top