Arun Mishra

Supreme Court clarifies Driving License Requirements for Light Motor Vehicles and Transport Vehicles: Mukund Dewangan vs. Oriental Insurance Company Limited (2017) INSC 611 (3 July 2017)

/ Amitava Roy, Arun Mishra, Judges, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 10, Motor Vehicles Act, 1988 with Section 2(21), Sanjay Kishan Kaul

LEGAL ISSUE: Interpretation of “light motor vehicle” and “transport vehicle” under the Motor Vehicles Act, 1988. CASE TYPE: Motor Vehicle Law. Case Name: Mukund Dewangan vs. Oriental Insurance Company Limited. [Judgment Date]: 3 July 2017 Introduction Date of the Judgment: 3 July 2017 Citation: (2017) INSC 611 Judges: Arun Mishra, J., Amitava Roy, J., Sanjay […]

Supreme Court clarifies Driving License Requirements for Light Motor Vehicles and Transport Vehicles: Mukund Dewangan vs. Oriental Insurance Company Limited (2017) INSC 611 (3 July 2017) Read Post »

Supreme Court Clarifies Driving License Requirements for Tractor-Trolleys in Accident Cases: Sant Lal vs. Rajesh & Ors. (2017) INSC 594 (3 July 2017)

/ Amitava Roy, Arun Mishra, Driving License, Insurance Law, Judges, Liability, Light Motor Vehicle, Motor Insurance, Motor Vehicles Act, 1988, Transport Vehicle

Date of the Judgment: 3 July 2017 Citation: (2017) INSC 594 Judges: Arun Mishra, J., Amitava Roy, J. Can a driver with a light motor vehicle (LMV) license legally operate a tractor attached to a goods-carrying trolley? The Supreme Court of India addressed this crucial question in a motor accident claim case, clarifying the scope

Supreme Court Clarifies Driving License Requirements for Tractor-Trolleys in Accident Cases: Sant Lal vs. Rajesh & Ors. (2017) INSC 594 (3 July 2017) Read Post »

Supreme Court Upholds 1934 Constitution in Malankara Church Disputes: K.S. Varghese & Ors. vs. St. Peter’s & Paul’s Syrian Orth. & Ors. (2017)

/ Amitava Roy, Arun Mishra, Constitutional Law, Constitutional Law with Article 25, Constitutional Law with Article 26, Fundamental Rights, Judges

LEGAL ISSUE: Applicability of the 1934 Constitution to Parish Churches within the Malankara Church and the powers of the Patriarch versus the Catholicos. CASE TYPE: Civil Case Name: K.S. Varghese & Ors. vs. St. Peter’s & Paul’s Syrian Orth. & Ors. Judgment Date: 3 July 2017 Date of the Judgment: 3 July 2017 Citation: (2017)

Supreme Court Upholds 1934 Constitution in Malankara Church Disputes: K.S. Varghese & Ors. vs. St. Peter’s & Paul’s Syrian Orth. & Ors. (2017) Read Post »

Supreme Court clarifies land acquisition impact on earnest money forfeiture in property sale agreements: Ramesh Chand vs. Tanmay Developers (2017) INSC 370 (26 April 2017)

/ Arun Mishra, Earnest Money, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 18, Land Acquisition Act, 1894 with Section 3(b), Land Acquisition Act, 1894 with Section 30, Mohan M. Shantanagoudar, Specific Performance, Specific Relief Act, 1963

Can a land acquisition nullify the forfeiture of earnest money in a prior agreement to sell? The Supreme Court of India addressed this question in a recent case, clarifying the interplay between land acquisition proceedings and private contracts. This judgment highlights the importance of civil suits in resolving contractual disputes, especially when land is acquired

Supreme Court clarifies land acquisition impact on earnest money forfeiture in property sale agreements: Ramesh Chand vs. Tanmay Developers (2017) INSC 370 (26 April 2017) Read Post »

Lease Renewal Not Automatic: Supreme Court Rules in Delhi Development Authority vs. M/S Anant Raj Agencies Pvt. Ltd. (2016)

/ Arun Mishra, Delhi Development Act, 1957, Delhi Development Act, 1957 with Section 21, Delhi Development Act, 1957 with Section 22, Judges, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Public Premises (Eviction of Unauthorised Occupants) Act, 1971 with Section 2(e), Public Premises (Eviction of Unauthorised Occupants) Act, 1971 with Section 2(g), Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 116, V. Gopala Gowda

LEGAL ISSUE: Whether acceptance of rent by a lessor after the expiry of a lease period automatically renews the lease. CASE TYPE: Property Law, Lease Dispute Case Name: Delhi Development Authority vs. M/S Anant Raj Agencies Pvt. Ltd. [Judgment Date]: 12th April, 2016 Can a lease be automatically renewed simply because the landlord accepted rent

Lease Renewal Not Automatic: Supreme Court Rules in Delhi Development Authority vs. M/S Anant Raj Agencies Pvt. Ltd. (2016) Read Post »

Supreme Court Upholds Verification of Disability Certificates in Education Appointments: State of U.P. vs. Ravindra Kumar Sharma (2016)

/ Arun Mishra, Judges, M.Y. Eqbal, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996, Persons with Disabilities Act, 1995, Persons with Disabilities Act, 1995 with Section 73

Can the State verify disability certificates issued by a Medical Board? The Supreme Court of India recently addressed this question in a case concerning appointments to primary schools in Uttar Pradesh. The court ruled that the state can verify certificates when there are complaints of fraud. This decision emphasizes the importance of preventing misuse of

Supreme Court Upholds Verification of Disability Certificates in Education Appointments: State of U.P. vs. Ravindra Kumar Sharma (2016) Read Post »

Supreme Court Upholds Withdrawal of Electricity Tariff Concessions: Kothari Industrial Corporation Ltd. vs. Tamil Nadu Electricity Board (29 January 2016)

/ Arun Mishra, Electricity Law, Electricity Law with Tamil Nadu Revision of Tariff Rates on supply of Electrical Energy Act, 1978, Judges, Prafulla C. Pant, Promissory Estoppel, Ranjan Gogoi, Tariff Rates

Can a government revoke a promised concession on electricity tariffs? The Supreme Court of India addressed this question in a case involving industrial units in Tamil Nadu. The court held that the principle of promissory estoppel does not prevent the government from withdrawing such concessions. This judgment clarifies the scope of government power over fiscal

Supreme Court Upholds Withdrawal of Electricity Tariff Concessions: Kothari Industrial Corporation Ltd. vs. Tamil Nadu Electricity Board (29 January 2016) Read Post »

Power Machines India Ltd. vs. State of Madhya Pradesh: Supreme Court Upholds Recovery of Dues as Land Revenue (17 April 2017)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 36, Arbitration Award Enforcement, Arun Mishra, Constitutional Law, Constitutional Law with Article 14, Judges, Micro, Small and Medium Enterprises Development Act, 2006, Micro, Small and Medium Enterprises Development Act, 2006 with Section 18, Micro, Small and Medium Enterprises Development Act, 2006 with Section 30, Recovery of Dues, S. Abdul Nazeer

Can a state government provide a separate mechanism for recovering dues under the Micro, Small and Medium Enterprises Development Act, 2006, that differs from the standard procedure under the Arbitration and Conciliation Act, 1996? The Supreme Court of India addressed this question in a case concerning the validity of a rule allowing recovery of dues

Power Machines India Ltd. vs. State of Madhya Pradesh: Supreme Court Upholds Recovery of Dues as Land Revenue (17 April 2017) Read Post »

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