AS Bopanna

Supreme Court clarifies arbitrator’s discretion in awarding post-award interest: Morgan Securities vs. Videocon Industries (2022)

/ Arbitral Award, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 31(7), AS Bopanna, Constitutional Law, Constitutional Law with Article 136, Dhananjaya Y Chandrachud, Interest in Arbitration, Judges

Supreme Court Clarifies Arbitrator’s Power on Post-Award Interest in Morgan Securities vs. Videocon Industries (2022) LEGAL ISSUE: Scope of arbitrator’s discretion to award post-award interest under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law Case Name: Morgan Securities And Credits Pvt. Ltd. vs. Videocon Industries Ltd. Judgment Date: 01 September […]

Supreme Court clarifies arbitrator’s discretion in awarding post-award interest: Morgan Securities vs. Videocon Industries (2022) Read Post »

Specific Performance Denied: Supreme Court Orders Refund in Property Sale Case: Shenbagam vs. Rathinavel (20 January 2022)

/ AS Bopanna, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order II Rule 2, Dhananjaya Y Chandrachud, Judges, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16, Specific Relief Act, 1963 with Section 20

Supreme Court Refuses Specific Performance, Orders Refund in Property Sale Dispute: Shenbagam vs. Rathinavel (2022) LEGAL ISSUE: Whether the plaintiff was “ready and willing” to perform their obligations in a contract for the sale of property, a prerequisite for specific performance. CASE TYPE: Civil (Specific Performance of Contract) Case Name: Shenbagam & Ors. vs. K.K.

Specific Performance Denied: Supreme Court Orders Refund in Property Sale Case: Shenbagam vs. Rathinavel (20 January 2022) Read Post »

Supreme Court Denies Specific Performance in Property Sale Dispute: Shenbagam & Ors. vs. KK Rathinavel (20 January 2022)

/ AS Bopanna, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order II Rule 2, Dhananjaya Y Chandrachud, Judges, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16, Specific Relief Act, 1963 with Section 20

Supreme Court Denies Specific Performance in Property Sale Dispute: Shenbagam & Ors. vs. KK Rathinavel (2022) LEGAL ISSUE: Whether the plaintiff in a suit for specific performance of a contract demonstrated continuous “readiness and willingness” to fulfill their obligations under the contract. CASE TYPE: Civil – Specific Performance of Contract Case Name: Shenbagam & Ors.

Supreme Court Denies Specific Performance in Property Sale Dispute: Shenbagam & Ors. vs. KK Rathinavel (20 January 2022) Read Post »

Continuing Deficiency of Service: Supreme Court rules on limitation in Samruddhi Co-operative Housing Society Ltd. vs. Mumbai Mahalaxmi Construction Pvt. Ltd. (2022)

/ AS Bopanna, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(1)(g), Consumer Protection Act, 1986 with Section 24A, Deficiency in Service, Dhananjaya Y Chandrachud, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 22, Maharashtra Ownership Flats Act, 1963, Maharashtra Ownership Flats Act, 1963 with Section 3, Maharashtra Ownership Flats Act, 1963 with Section 6

Supreme Court on Continuing Cause of Action in Consumer Disputes: Samruddhi Co-operative Housing Society Ltd. vs. Mumbai Mahalaxmi Construction Pvt. Ltd. (2022) Date of the Judgment: January 11, 2022 Citation: Civil Appeal No 4000 of 2019 Judges: Dr Dhananjaya Y Chandrachud, J and AS Bopanna, J Can a builder’s failure to obtain an occupancy certificate

Continuing Deficiency of Service: Supreme Court rules on limitation in Samruddhi Co-operative Housing Society Ltd. vs. Mumbai Mahalaxmi Construction Pvt. Ltd. (2022) Read Post »

Continuing Deficiency in Service: Supreme Court rules on Limitation in Consumer Disputes: Samruddhi Co-operative Housing Society vs. Mumbai Mahalaxmi Construction (2022)

/ AS Bopanna, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(1)(g), Consumer Protection Act, 1986 with Section 24A, Deficiency in Service, Dhananjaya Y Chandrachud, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 22, Maharashtra Ownership Flats Act, 1963, Maharashtra Ownership Flats Act, 1963 with Section 12, Maharashtra Ownership Flats Act, 1963 with Section 3, Maharashtra Ownership Flats Act, 1963 with Section 6

Supreme Court on Continuing Wrong in Consumer Disputes: Samruddhi Co-operative Housing Society vs. Mumbai Mahalaxmi Construction (2022) LEGAL ISSUE: Whether the failure to obtain an occupancy certificate by a builder constitutes a continuing wrong, thereby extending the limitation period for filing a consumer complaint. CASE TYPE: Consumer Law Case Name: Samruddhi Co-operative Housing Society Ltd.

Continuing Deficiency in Service: Supreme Court rules on Limitation in Consumer Disputes: Samruddhi Co-operative Housing Society vs. Mumbai Mahalaxmi Construction (2022) Read Post »

Continuing Cause of Action in Consumer Disputes: Supreme Court rules in favor of Homebuyers in Samruddhi Co-operative Housing Society Ltd. vs. Mumbai Mahalaxmi Construction Pvt. Ltd. (2022)

/ AS Bopanna, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 24A, Consumer Rights, Continuing Cause of Action, Deficiency in Service, Dhananjaya Y Chandrachud, Judges, Limitation Act 1963, Limitation Act 1963 with Section 22, Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act 1963, Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act 1963 with Section 6, Promoter's Obligations

Supreme Court on Continuing Cause of Action in Consumer Disputes: Samruddhi Co-operative Housing Society Ltd. vs. Mumbai Mahalaxmi Construction Pvt. Ltd. (2022) LEGAL ISSUE: Whether the failure to obtain an occupancy certificate constitutes a continuing cause of action in a consumer dispute, allowing for claims beyond the standard limitation period. CASE TYPE: Consumer Dispute Case

Continuing Cause of Action in Consumer Disputes: Supreme Court rules in favor of Homebuyers in Samruddhi Co-operative Housing Society Ltd. vs. Mumbai Mahalaxmi Construction Pvt. Ltd. (2022) Read Post »

Supreme Court Upholds OBC, EWS Reservations in NEET Admissions for 2021-22

/ AS Bopanna, Constitutional Law, Constitutional Law with Article 32, Dhananjaya Y Chandrachud, Fundamental Rights, Judges

Supreme Court Upholds OBC, EWS Reservations in NEET Admissions for 2021-22 Date of the Judgment: January 7, 2022 The Supreme Court of India addressed the legality of Other Backward Classes (OBC) and Economically Weaker Sections (EWS) reservations in the All India Quota (AIQ) seats for the National Eligibility cum Entrance Test (NEET) for postgraduate (PG)

Supreme Court Upholds OBC, EWS Reservations in NEET Admissions for 2021-22 Read Post »

Supreme Court allows OBC and EWS Reservations for NEET Admissions 2021-22: Neil Aurelio Nunes & Ors. vs. Union of India & Ors. (2022) INSC 21 (07 January 2022)

/ AS Bopanna, Constitutional Law, Constitutional Law with Article 14, Dhananjaya Y Chandrachud, Education Law, Fundamental Rights, Judges, NEET Admissions, Reservation Policy

Date of the Judgment: 07 January 2022 Citation: 2022 INSC 21 Judges: Dr Dhananjaya Y Chandrachud, J and AS Bopanna J. Can reservations for Other Backward Classes (OBC) and Economically Weaker Sections (EWS) be implemented in the All India Quota (AIQ) seats for the National Eligibility cum Entrance Test (NEET)? This question was at the

Supreme Court allows OBC and EWS Reservations for NEET Admissions 2021-22: Neil Aurelio Nunes & Ors. vs. Union of India & Ors. (2022) INSC 21 (07 January 2022) Read Post »

Supreme Court Upholds OBC, EWS Reservations in NEET for 2021-22: Nunes vs. Union of India (2022)

/ All India Quota, AS Bopanna, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 32, Dhananjaya Y Chandrachud, EWS Reservation, Fundamental Rights, Judges, OBC Reservation, Reservation Policy

Supreme Court Upholds OBC, EWS Reservations in NEET for 2021-22: Nunes vs. Union of India (2022) Date of the Judgment: January 7, 2022 Citation: (2022) INSC 12 Judges: Dr Dhananjaya Y Chandrachud, J and AS Bopanna, J Can reservations for Other Backward Classes (OBC) and Economically Weaker Sections (EWS) be implemented in the All India

Supreme Court Upholds OBC, EWS Reservations in NEET for 2021-22: Nunes vs. Union of India (2022) Read Post »

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