Arun Mishra

Supreme Court Directs Measures to Preserve Mahakaleshwar Temple: Sarika vs. Administrator (2020)

Supreme Court Directs Measures to Preserve Mahakaleshwar Temple: Sarika vs. Administrator (2020) Date of the Judgment: September 1, 2020 Citation: M.A. No.1235 OF 2019 IN CIVIL APPEAL NO.4676 OF 2018 Judges: Arun Mishra, J., B.R. Gavai, J., Krishna Murari, J. Can the sacred Shivalinga at the Mahakaleshwar Temple be protected from further erosion? The Supreme […]

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Supreme Court overturns High Court order on anti-dumping investigation: Designated Authority vs. Andhra Petrochemicals (2020)

Supreme Court overturns High Court order on anti-dumping investigation: Designated Authority vs. Andhra Petrochemicals (2020) LEGAL ISSUE: Whether the Designated Authority (DA) can be directed to conduct an anti-dumping investigation based on old data, and whether a High Court can direct the replacement of the DA for seeking updated data. CASE TYPE: Anti-dumping law, International

Supreme Court overturns High Court order on anti-dumping investigation: Designated Authority vs. Andhra Petrochemicals (2020) Read Post »

Supreme Court Clarifies “Change in Law” in Power Purchase Agreements: Jaipur Vidyut Vitran Nigam Ltd. vs. Adani Power Rajasthan Limited (2020)

Supreme Court Clarifies “Change in Law” in Power Purchase Agreements: Jaipur Vidyut Vitran Nigam Ltd. vs. Adani Power Rajasthan Limited (2020) LEGAL ISSUE: Whether a change in domestic coal policy constitutes a “Change in Law” event under a Power Purchase Agreement (PPA). CASE TYPE: Electricity Law, Contract Law Case Name: Jaipur Vidyut Vitran Nigam Ltd.

Supreme Court Clarifies “Change in Law” in Power Purchase Agreements: Jaipur Vidyut Vitran Nigam Ltd. vs. Adani Power Rajasthan Limited (2020) Read Post »

Supreme Court settles Limitation for IBC Section 7 Applications in Radha Exports Case (2020)

Supreme Court Settles Limitation for IBC Section 7 Applications in Radha Exports Case (2020) LEGAL ISSUE: Whether an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) can be admitted if the claim is barred by limitation. CASE TYPE: Insolvency Law Case Name: M/S RADHA EXPORTS (INDIA) PVT. LIMITED. vs. K.P .

Supreme Court settles Limitation for IBC Section 7 Applications in Radha Exports Case (2020) Read Post »

Supreme Court Limits Monitoring Committee’s Power to Seal Residential Premises: M.C. Mehta vs. Union of India (2020)

Supreme Court Limits Monitoring Committee’s Power to Seal Residential Premises: M.C. Mehta vs. Union of India (2020) LEGAL ISSUE: Authority of the Monitoring Committee to seal residential premises. CASE TYPE: Environmental Law, Public Interest Litigation Case Name: M.C. Mehta vs. Union of India & Ors. Judgment Date: 14 August 2020 Date of the Judgment: 14

Supreme Court Limits Monitoring Committee’s Power to Seal Residential Premises: M.C. Mehta vs. Union of India (2020) Read Post »

Supreme Court Dismisses Plea Alleging Registry Bias: Reepak Kansal vs. Supreme Court of India (2020)

Supreme Court Dismisses Plea Alleging Registry Bias: Reepak Kansal vs. Supreme Court of India (2020) LEGAL ISSUE: Allegations of preferential treatment by the Supreme Court Registry. CASE TYPE: Public Interest Litigation Case Name: Reepak Kansal vs. Secretary-General, Supreme Court of India & Ors. Judgment Date: July 6, 2020 Date of the Judgment: July 6, 2020

Supreme Court Dismisses Plea Alleging Registry Bias: Reepak Kansal vs. Supreme Court of India (2020) Read Post »

Supreme Court Directs Restructuring of Dues and Loan Disbursements in Amrapali Case (10 June 2020)

Supreme Court Directs Restructuring of Dues and Loan Disbursements in Amrapali Case (2020) LEGAL ISSUE: Whether NBCC can be held liable for disputes and liabilities of Amrapali Group projects, whether the interest rate of 12% imposed on Royalgolf Link City Projects Private Limited was justified, whether the FAR can be returned to Noida and Greater

Supreme Court Directs Restructuring of Dues and Loan Disbursements in Amrapali Case (10 June 2020) Read Post »

Supreme Court Allows Limited Use of Sisodia Rani ka Bagh for Events: Department of Archaeology and Museums vs. Ashish Gautam (2020)

Supreme Court Allows Limited Use of Sisodia Rani ka Bagh for Events LEGAL ISSUE: Whether a historical monument can be used for social functions while ensuring its preservation and the protection of the surrounding environment. CASE TYPE: Environmental Law, Heritage Conservation. Case Name: The Director, Department of Archaeology and Museums, Jaipur & Anr. vs. Ashish

Supreme Court Allows Limited Use of Sisodia Rani ka Bagh for Events: Department of Archaeology and Museums vs. Ashish Gautam (2020) Read Post »

Supreme Court Upholds Regulatory Authority’s Decision on Power Purchase Agreement: CLP India vs. Gujarat Urja (2020)

Supreme Court Upholds Regulatory Authority’s Decision on Power Purchase Agreement: CLP India vs. Gujarat Urja (2020) LEGAL ISSUE: Applicability of amended tariff notifications to existing Power Purchase Agreements (PPAs). CASE TYPE: Electricity Law, Contract Law, Regulatory Law. Case Name: CLP India Pvt. Ltd. vs. Gujarat Urja Vikas Nigam Ltd. & Anr. [Judgment Date]: May 6,

Supreme Court Upholds Regulatory Authority’s Decision on Power Purchase Agreement: CLP India vs. Gujarat Urja (2020) Read Post »

Supreme Court settles the applicability of the SARFAESI Act to Cooperative Banks in Banking Law (2020)

Supreme Court Settles Applicability of SARFAESI Act to Cooperative Banks (2020) LEGAL ISSUE: Whether the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) applies to cooperative banks. CASE TYPE: Banking Law Case Name: Pandurang Ganpati Chaugule v. Vishwasrao Patil Murgud Sahakari Bank Limited Judgment Date: May 05, 2020

Supreme Court settles the applicability of the SARFAESI Act to Cooperative Banks in Banking Law (2020) Read Post »

Supreme Court Upholds State’s Authority to Set Sugarcane Prices Above Central Minimum: West U.P. Sugar Mills Association vs. State of Uttar Pradesh (22 April 2020)

Supreme Court Clarifies State Power to Fix Sugarcane Prices Above Central Minimum Date of the Judgment: 22 April 2020 Judges: Arun Mishra, Indira Banerjee, Vineet Saran, M.R. Shah, Aniruddha Bose Can a state government fix sugarcane prices that are higher than the minimum price set by the central government? This was the core legal question

Supreme Court Upholds State’s Authority to Set Sugarcane Prices Above Central Minimum: West U.P. Sugar Mills Association vs. State of Uttar Pradesh (22 April 2020) Read Post »

Supreme Court settles the applicability of retrospective tax laws and promissory estoppel in excise duty exemptions: Union of India vs. M/s V.V.F Limited (22 April 2020)

Supreme Court Upholds Retrospective Application of Excise Duty Notifications Date of the Judgment: 22 April 2020 Citation: (2020) INSC 295 Judges: Arun Mishra, M. R. Shah, and B.R. Gavai, JJ. (authored by M.R. Shah, J.) Can the government retroactively change tax benefits promised to industries? This was the core question before the Supreme Court in

Supreme Court settles the applicability of retrospective tax laws and promissory estoppel in excise duty exemptions: Union of India vs. M/s V.V.F Limited (22 April 2020) Read Post »

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