Arun Mishra

Supreme Court Dismisses PIL Seeking SIT Probe in Alleged Bribery Case: Campaign for Judicial Accountability and Reforms vs. Union of India (2017)

/ A.M. Khanwilkar, Arun Mishra, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Judges, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 8, R.K. Agrawal

LEGAL ISSUE: Whether a Special Investigation Team (SIT) should be constituted to investigate allegations of bribery for favorable court orders. CASE TYPE: Criminal Public Interest Litigation Case Name: Campaign for Judicial Accountability and Reforms vs. Union of India and Others Judgment Date: 1 December 2017 Date of the Judgment: 1 December 2017 Citation: (2017) INSC […]

Supreme Court Dismisses PIL Seeking SIT Probe in Alleged Bribery Case: Campaign for Judicial Accountability and Reforms vs. Union of India (2017) Read Post »

Supreme Court Upholds Conviction in Embezzlement Case, Modifies Sentence: Naresh Chaubey vs CBI (2017)

/ Arun Mishra, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 420, Indian Penal Code, 1860 with Section 465, Indian Penal Code, 1860 with Section 471, Judges, L. Nageswara Rao, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(1)(c), Prevention of Corruption Act, 1988 with Section 13(1)(d), Prevention of Corruption Act, 1988 with Section 13(2)

LEGAL ISSUE: Whether the conviction of the Appellant for misappropriation and embezzlement of public funds was valid. CASE TYPE: Criminal Case Name: Naresh Chaubey vs. Central Bureau of Investigation Judgment Date: 16 November 2017 Date of the Judgment: 16 November 2017 Citation: 2017 INSC 948 Judges: Arun Mishra, J., L. Nageswara Rao, J. Can a

Supreme Court Upholds Conviction in Embezzlement Case, Modifies Sentence: Naresh Chaubey vs CBI (2017) Read Post »

Supreme Court Protects Landowners from Unfair Compensation in Delayed Land Acquisition: Mitesh Kumar Ramanbhai Patel & Ors. vs. State of Gujarat & Ors. (2017)

/ Arun Mishra, Consent Awards, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 18, Land Acquisition Act, 1894 with Section 4, Mohan M. Shantanagoudar

Date of the Judgment: November 16, 2017 Citation: Mitesh Kumar Ramanbhai Patel & Ors. vs. State of Gujarat & Ors., Civil Appeal No(s). 19501-19503 of 2017 (Arising out of SLP(C) Nos. 21067-21069 of 2014) Judges: Hon’ble Mr. Justice Arun Mishra and Hon’ble Mr. Justice Mohan M. Shantanagoudar. Can the government use consent forms obtained years

Supreme Court Protects Landowners from Unfair Compensation in Delayed Land Acquisition: Mitesh Kumar Ramanbhai Patel & Ors. vs. State of Gujarat & Ors. (2017) Read Post »

Supreme Court clarifies the applicability of Section 24 of the Land Acquisition Act, 2013: Delhi Metro Rail Corporation Ltd. vs. Tarun Pal Singh & Ors. (15 November 2017)

/ Arun Mishra, Judges, Land Acquisition Act, 1894, Land Acquisition Law, Land Acquisition Law with Section 4, Mohan M. Shantanagoudar, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with Section 24, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with Section 24(1)(b)

LEGAL ISSUE: Interpretation of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 concerning the applicability of compensation under the new Act. CASE TYPE: Land Acquisition Law Case Name: Delhi Metro Rail Corporation Ltd. vs. Tarun Pal Singh & Ors. [Judgment Date]: 15 November 2017 Introduction

Supreme Court clarifies the applicability of Section 24 of the Land Acquisition Act, 2013: Delhi Metro Rail Corporation Ltd. vs. Tarun Pal Singh & Ors. (15 November 2017) Read Post »

Supreme Court Upholds Chief Justice’s Roster Authority in Judicial Bribery Case: Kamini Jaiswal vs. Union of India (2017)

/ A.K. Sikri, A.M. Khanwilkar, Arun Mishra, Constitutional Law, Constitutional Law with Article 144, Constitutional Law with Article 145, Judges, R.K. Agrawal

LEGAL ISSUE: The authority of the Chief Justice of India to allocate cases and constitute benches. CASE TYPE: Criminal Writ Petition Case Name: Kamini Jaiswal vs. Union of India & Anr. [Judgment Date]: November 14, 2017 Can a judicial order dictate the composition of a bench in the Supreme Court? This question arose in a

Supreme Court Upholds Chief Justice’s Roster Authority in Judicial Bribery Case: Kamini Jaiswal vs. Union of India (2017) Read Post »

Caveatable Interest Clarified: Supreme Court Decision in Probate Case: Yash Vardhan Mall vs. Tejash Doshi (2017) INSC 940

/ Arun Mishra, Caveatable Interest, Judges, L. Nageswara Rao, Probate Law, Probate Law with Rule 25, Rules of The High Court At Calcutta (Original Side), 1914

Can an executor of a prior will challenge a subsequent will? The Supreme Court of India addressed this question in a recent case regarding probate and caveatable interest. This case clarifies the rights of an executor of a previous will to contest a later will. The judgment was delivered by Justices Arun Mishra and L.

Caveatable Interest Clarified: Supreme Court Decision in Probate Case: Yash Vardhan Mall vs. Tejash Doshi (2017) INSC 940 Read Post »

Chief Justice’s Authority: Supreme Court Settles Roster Allocation in Judicial Accountability Case (2017)

/ A.M. Khanwilkar, Amitava Roy, Arun Mishra, Constitutional Law, Constitutional Law with Article 145, Dipak Misra, Judges, R.K. Agrawal, Supreme Court Rules, Supreme Court Rules with Order VI Rule 2

LEGAL ISSUE: Authority of the Chief Justice in allocating cases and constituting benches. CASE TYPE: Public Interest Litigation (Constitutional Law). Case Name: Campaign for Judicial Accountability and Reforms vs. Union of India and Another. Judgment Date: November 10, 2017 Can a two-judge bench direct the Chief Justice of India on how to constitute a bench?

Chief Justice’s Authority: Supreme Court Settles Roster Allocation in Judicial Accountability Case (2017) Read Post »

Supreme Court Upholds Dismissal of Driver for Collusion in Ticket Irregularities: Uttarakhand Transport Corporation vs. Sukhveer Singh (2017)

/ Arun Mishra, Disciplinary Proceedings, Judges, L. Nageswara Rao, Principles of Natural Justice, Principles of Natural Justice with Prejudice, Right to Fair Hearing, Service Law, Service Law with Dismissal

Can a disciplinary action be overturned simply because the inquiry report was given with the show cause notice instead of before? The Supreme Court of India recently tackled this question in a case involving a transport corporation driver. The core issue was whether the disciplinary proceedings were flawed due to the timing of the inquiry

Supreme Court Upholds Dismissal of Driver for Collusion in Ticket Irregularities: Uttarakhand Transport Corporation vs. Sukhveer Singh (2017) Read Post »

Supreme Court Upholds Probate Grant: Revocation Plea Dismissed in Lynette Fernandes vs. Gertie Mathias (2017)

/ Arun Mishra, Indian Succession Act, 1925, Indian Succession Act, 1925 with Section 263, Judges, Limitation Act, Limitation Act with Article 137, Mohan M. Shantanagoudar, Probate, Revocation of Probate

LEGAL ISSUE: Whether a probate grant can be revoked due to procedural defects and allegations of fraud, particularly after a significant delay. CASE TYPE: Succession Law Case Name: Mrs. Lynette Fernandes vs. Mrs. Gertie Mathias since Deceased by Lrs. Judgment Date: November 08, 2017 Date of the Judgment: November 08, 2017 Citation: [Not Available in

Supreme Court Upholds Probate Grant: Revocation Plea Dismissed in Lynette Fernandes vs. Gertie Mathias (2017) Read Post »

Supreme Court Upholds Dual Pricing Policy for Diesel: Indian Oil Corporation Ltd. vs. Kerala State Road Transport Corporation (2017)

/ Arun Mishra, Constitutional Law, Constitutional Law with Article 14, Fiscal Law, Fundamental Rights, Government Policy, Judges, Mohan M. Shantanagoudar, Subsidies

LEGAL ISSUE: Whether the Government of India’s decision to charge bulk consumers a non-subsidized, market-determined price for diesel is valid. CASE TYPE: Policy decision, Fiscal Law. Case Name: Indian Oil Corporation Limited & Anr. vs. Kerala State Road Transport Corporation & Ors. [Judgment Date]: November 7, 2017 Date of the Judgment: November 7, 2017. Citation:

Supreme Court Upholds Dual Pricing Policy for Diesel: Indian Oil Corporation Ltd. vs. Kerala State Road Transport Corporation (2017) Read Post »

Supreme Court Upholds Land Acquisition: Kolkata Metropolitan Development Authority vs. Pradip Kumar Ghosh (2017)

/ Arun Mishra, Judges, Mohan M. Shantanagoudar, West Bengal Land (Requisition and Acquisition) Act, 1948, West Bengal Land (Requisition and Acquisition) Act, 1948 with Section 3, West Bengal Land (Requisition and Acquisition) Act, 1948 with Section 4, West Bengal Land (Requisition and Acquisition) Act, 1948 with Section 6

LEGAL ISSUE: Whether land acquisition proceedings initiated after a prior requisition order are valid, especially when a High Court had directed the release of the property if not acquired within a specified time. CASE TYPE: Land Acquisition Law Case Name: Kolkata Metropolitan Development Authority vs. Pradip Kumar Ghosh & Ors. Judgment Date: 24 October 2017

Supreme Court Upholds Land Acquisition: Kolkata Metropolitan Development Authority vs. Pradip Kumar Ghosh (2017) Read Post »

Supreme Court Protects Basic Pay on Absorption: Eastern Coalfields Ltd. vs. Prativa Biswas (2017)

/ Absorption, Arun Mishra, Breach of contract, Contract Law, Judges, Mohan M. Shantanagoudar, Pay Protection, Service Law, Terms of Contract

LEGAL ISSUE: Whether basic pay of employees can be reduced upon absorption into a new company, when the terms of absorption guaranteed protection of existing pay and emoluments. CASE TYPE: Service Law. Case Name: Eastern Coalfields Ltd. & Ors. vs. Prativa Biswas & Ors. Judgment Date: 11 October 2017 Introduction Date of the Judgment: 11

Supreme Court Protects Basic Pay on Absorption: Eastern Coalfields Ltd. vs. Prativa Biswas (2017) Read Post »

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