Aniruddha Bose

Supreme Court clarifies the power of Magistrates to take cognizance under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Shantaben Bhurabhai Bhuriya vs. Anand Athabhai Chaudhari (26 October 2021)

/ Aniruddha Bose, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 156(3), Code of Criminal Procedure, 1973 with Section 173(8), Code of Criminal Procedure, 1973 with Section 190, Constitutional Law, Constitutional Law with Article 226, Judges, M.R. Shah, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 with Section 14

Supreme Court Clarifies Cognizance of Offences under the Atrocities Act: Shantaben Bhurabhai Bhuriya vs. Anand Athabhai Chaudhari (2021) LEGAL ISSUE: Whether a Magistrate can take cognizance of offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, when a Special Court is also empowered to do so. CASE TYPE: Criminal Case Name: […]

Supreme Court clarifies the power of Magistrates to take cognizance under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Shantaben Bhurabhai Bhuriya vs. Anand Athabhai Chaudhari (26 October 2021) Read Post »

Supreme Court Limits High Court’s Power to Issue Blanket Orders on Bail and Arrests: High Court of Judicature for Rajasthan vs. The State of Rajasthan & Anr. (29 September 2021)

/ Aniruddha Bose, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 389, Code of Criminal Procedure, 1973 with Section 438, Code of Criminal Procedure, 1973 with Section 439, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Fundamental Rights, Judges, L. Nageswara Rao

Supreme Court Limits High Court’s Power to Issue Blanket Orders on Bail and Arrests Date of the Judgment: 29 September 2021 Citation: (2021) INSC 648 Judges: L. Nageswara Rao, J., Aniruddha Bose, J. Can a High Court issue blanket orders restricting the listing of bail applications and directing police not to make arrests in certain

Supreme Court Limits High Court’s Power to Issue Blanket Orders on Bail and Arrests: High Court of Judicature for Rajasthan vs. The State of Rajasthan & Anr. (29 September 2021) Read Post »

Supreme Court clarifies interest liability on advance tax for non-residents: Director of Income Tax vs. Mitsubishi Corporation (2021)

/ Aniruddha Bose, Income-tax Act, 1961, Income-tax Act, 1961 with Section 195, Income-tax Act, 1961 with Section 209, Income-tax Act, 1961 with Section 234B, Judges, L. Nageswara Rao

Supreme Court clarifies interest liability on advance tax for non-residents: Director of Income Tax vs. Mitsubishi Corporation (2021) LEGAL ISSUE: Whether a non-resident assessee is liable to pay interest on short payment of advance tax when the payer fails to deduct tax at source. CASE TYPE: Income Tax Law Case Name: Director of Income Tax,

Supreme Court clarifies interest liability on advance tax for non-residents: Director of Income Tax vs. Mitsubishi Corporation (2021) Read Post »

Supreme Court Clarifies Rules for Additional Documents in Commercial Suits: Sudhir Kumar vs. Vinay Kumar (2021)

/ Aniruddha Bose, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VII, Code of Civil Procedure, 1908 with Order XI, Commercial Courts Act, 2015, Commercial Courts Act, 2015 with Section 16, Commercial Litigation, Judges, M. R. Shah

Supreme Court Clarifies Rules for Additional Documents in Commercial Suits: Sudhir Kumar vs. Vinay Kumar (2021) LEGAL ISSUE: Procedure for filing additional documents in commercial suits. CASE TYPE: Commercial Litigation Case Name: Sudhir Kumar @ S. Baliyan vs. Vinay Kumar G.B. [Judgment Date]: September 15, 2021 Date of the Judgment: September 15, 2021 Citation: 2021

Supreme Court Clarifies Rules for Additional Documents in Commercial Suits: Sudhir Kumar vs. Vinay Kumar (2021) Read Post »

Supreme Court Upholds Limitation for Appeals Under IBC: National Spot Exchange Ltd. vs. Dunar Foods Ltd. (2021)

/ Aniruddha Bose, Appellate Tribunal, Constitutional Law, Constitutional Law with Article 142, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 61, Judges, M.R. Shah

Supreme Court Upholds Limitation for Appeals Under IBC: National Spot Exchange Ltd. vs. Dunar Foods Ltd. (2021) LEGAL ISSUE: Whether the National Company Law Appellate Tribunal (NCLAT) can condone delays exceeding 15 days in filing appeals under the Insolvency and Bankruptcy Code (IBC). CASE TYPE: Insolvency Law Case Name: National Spot Exchange Limited vs. Mr.

Supreme Court Upholds Limitation for Appeals Under IBC: National Spot Exchange Ltd. vs. Dunar Foods Ltd. (2021) Read Post »

Supreme Court quashes conviction for abetment of suicide in domestic dispute: Velladurai vs. State (2021)

/ Aniruddha Bose, Indian Evidence Act, Indian Evidence Act with Section 113A, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 306, Judges, M.R. Shah, Offences Against Human Body

Supreme Court quashes conviction for abetment of suicide in Velladurai vs. State (2021) LEGAL ISSUE: Whether a husband can be convicted for abetment of suicide of his wife under Section 306 of the Indian Penal Code (IPC) based solely on a quarrel and without any evidence of instigation. CASE TYPE: Criminal Law. Case Name: Velladurai

Supreme Court quashes conviction for abetment of suicide in domestic dispute: Velladurai vs. State (2021) Read Post »

Supreme Court Upholds Land Acquisition Compensation: Ramesh Kumar vs. Bhatinda Integrated Cooperative Cotton Spinning Mill (2021)

/ Aniruddha Bose, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 4, Land Acquisition Act, 1894 with Section 6, M.R. Shah

Supreme Court Upholds Land Acquisition Compensation: Ramesh Kumar vs. Bhatinda Integrated Cooperative Cotton Spinning Mill (2021) LEGAL ISSUE: Determination of fair market value and annual increase for land acquisition compensation. CASE TYPE: Land Acquisition Case Name: Ramesh Kumar vs. Bhatinda Integrated Cooperative Cotton Spinning Mill and Ors. [Judgment Date]: 13 September 2021 Date of the

Supreme Court Upholds Land Acquisition Compensation: Ramesh Kumar vs. Bhatinda Integrated Cooperative Cotton Spinning Mill (2021) Read Post »

Supreme Court Upholds Arbitrator Appointment Under Section 11 of the Arbitration Act Despite Prior Agreement: Jaipur Zila Dugdh Utpadak Sangh Ltd. vs. M/s Ajay Sales & Suppliers (2021)

/ Aniruddha Bose, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 12, Judges, M.R. Shah, Rajasthan Cooperative Societies Act, 2001, Rajasthan Cooperative Societies Act, 2001 with Section 58, Seventh Schedule of the Arbitration and Conciliation Act, 1996

Supreme Court Upholds Arbitrator Appointment Under Section 11 of the Arbitration Act Despite Prior Agreement: Jaipur Zila Dugdh Utpadak Sangh Ltd. vs. M/s Ajay Sales & Suppliers (2021) LEGAL ISSUE: Whether an arbitrator appointed as per a prior agreement can be replaced by the High Court under Section 11 of the Arbitration and Conciliation Act,

Supreme Court Upholds Arbitrator Appointment Under Section 11 of the Arbitration Act Despite Prior Agreement: Jaipur Zila Dugdh Utpadak Sangh Ltd. vs. M/s Ajay Sales & Suppliers (2021) Read Post »

Supreme Court settles Qualification Criteria for Cooperative Bank Clerk Posts: Kerala Public Service Commission vs. K.N. Radhamani (2021)

/ Aniruddha Bose, Educational Qualifications, In-Service Candidates, Judges, Kerala Co-operative Societies Act, 1969, Kerala Co-operative Societies Act, 1969 with Section 109, Kerala Co-operative Societies Act, 1969 with Section 80, Kerala Co-operative Societies Rules, 1969 with Rule 186, L. Nageswara Rao, Service Law

Supreme Court Settles Qualification Criteria for Cooperative Bank Clerk Posts: Kerala Public Service Commission vs. K.N. Radhamani (2021) LEGAL ISSUE: Whether in-service candidates applying for the post of clerk/cashier in cooperative banks need a bachelor’s degree or if a Secondary School Leaving Certificate (SSLC) is sufficient. CASE TYPE: Service Law Case Name: Kerala Public Service

Supreme Court settles Qualification Criteria for Cooperative Bank Clerk Posts: Kerala Public Service Commission vs. K.N. Radhamani (2021) Read Post »

Supreme Court Upholds Finality of Caste Certificates: J. Chitra vs. District Collector (2021)

/ Aniruddha Bose, Caste Certificate Verification, G.O. (2D) No.: 108, Adi Dravidar and Tribal Welfare (CV-I) Department, G.O. (Ms) No. 111, Adi Dravidar and Tribal Welfare, Judges, L. Nageswara Rao, Scheduled Castes, Scheduled Tribes, Service Law, Tamil Nadu Government Orders

Supreme Court Upholds Finality of Caste Certificates: J. Chitra vs. District Collector (2021) LEGAL ISSUE: Whether a caste certificate, once finalized by a District Vigilance Committee, can be reopened by the State Level Scrutiny Committee for a fresh inquiry. CASE TYPE: Service Law/Caste Certificate Verification Case Name: J. Chitra vs. District Collector and Chairman, State

Supreme Court Upholds Finality of Caste Certificates: J. Chitra vs. District Collector (2021) Read Post »

Supreme Court Upholds Conviction in Murder Case Based on Circumstantial Evidence: Surajdeo Mahto vs. State of Bihar (2021)

/ Aniruddha Bose, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 106, Indian Evidence Act, 1872 with Section 35, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, Juvenile Justice (Care and Protection of Children) Act, 2000, Juvenile Justice (Care and Protection of Children) Act, 2000 with Section 7A, N.V. Ramana, Offences Against Human Body, Surya Kant

Supreme Court Upholds Conviction in Murder Case Based on Circumstantial Evidence: Surajdeo Mahto vs. State of Bihar (2021) LEGAL ISSUE: Whether circumstantial evidence was sufficient to prove the guilt of the accused in a murder case. CASE TYPE: Criminal Law Case Name: Surajdeo Mahto and Anr. vs. The State of Bihar Judgment Date: 04 August

Supreme Court Upholds Conviction in Murder Case Based on Circumstantial Evidence: Surajdeo Mahto vs. State of Bihar (2021) Read Post »

Supreme Court Upholds Minimum Marks Criteria for Sub-Inspector Promotions: Arvind Kumar Tiwari vs. State of Uttar Pradesh (26 July 2021)

/ Aniruddha Bose, Judges, L. Nageswara Rao, Promotion, Recruitment Rules, Service Law, Service Law with Uttar Pradesh Sub-Inspector and Inspector (Civil Police) Service Rules, 2008

Supreme Court Upholds Minimum Marks Criteria for Sub-Inspector Promotions: Arvind Kumar Tiwari vs. State of Uttar Pradesh (2021) LEGAL ISSUE: Whether candidates must obtain minimum qualifying marks in each subject of a promotional exam to be eligible for further evaluation. CASE TYPE: Service Law Case Name: Arvind Kumar Tiwari & Ors. vs. The State of

Supreme Court Upholds Minimum Marks Criteria for Sub-Inspector Promotions: Arvind Kumar Tiwari vs. State of Uttar Pradesh (26 July 2021) Read Post »

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