Ashok Bhushan

Supreme Court Clarifies the Bar on Suits Challenging Compromise Decrees in Family Property Disputes: R. Janakiammal vs. S.K. Kumarasamy (30 June 2021)

/ Ashok Bhushan, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXIII Rule 3, Code of Civil Procedure, 1908 with Order XXIII Rule 3A, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 10, Indian Contract Act, 1872 with Section 14, Judges, R. Subhash Reddy

Supreme Court Clarifies the Bar on Suits Challenging Compromise Decrees: R. Janakiammal vs. S.K. Kumarasamy (2021) LEGAL ISSUE: Whether a separate suit can be filed to challenge a compromise decree. CASE TYPE: Civil Property Dispute Case Name: R. Janakiammal vs. S.K. Kumarasamy(Deceased) Through Legal Representatives and Others Judgment Date: 30 June 2021 Date of the […]

Supreme Court Clarifies the Bar on Suits Challenging Compromise Decrees in Family Property Disputes: R. Janakiammal vs. S.K. Kumarasamy (30 June 2021) Read Post »

Supreme Court converts jail sentence to fine in 26-year-old rash driving case: Surendran vs. Sub-Inspector of Police (2021)

/ Ashok Bhushan, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 279, Indian Penal Code, 1860 with Section 338, Judges, M.R. Shah, Offences Endangering Life, Vineet Saran

Supreme Court Converts Jail Sentence to Fine in 26-Year-Old Rash Driving Case: Surendran vs. Sub-Inspector of Police (2021) LEGAL ISSUE: Whether a jail sentence for offences under Sections 279, 337 and 338 of the Indian Penal Code, 1860 can be converted to a fine after a significant lapse of time. CASE TYPE: Criminal Case Name:

Supreme Court converts jail sentence to fine in 26-year-old rash driving case: Surendran vs. Sub-Inspector of Police (2021) Read Post »

Supreme Court Directs Guidelines for Ex Gratia Assistance for COVID-19 Deaths: Reepak Kansal vs. Union of India (30 June 2021)

/ Ashok Bhushan, Constitutional Law, Constitutional Law with Article 21, Disaster Management Act, 2005, Disaster Management Act, 2005 with Section 12, Disaster Management Act, 2005 with Section 2(d), Disaster Management Act, 2005 with Section 46, Fundamental Rights, Judges, M.R. Shah

Supreme Court Directs Ex Gratia for COVID-19 Deaths: Reepak Kansal vs. Union of India (2021) LEGAL ISSUE: Whether the National Disaster Management Authority (NDMA) is obligated to provide ex gratia assistance to families of those who died due to COVID-19 under the Disaster Management Act, 2005. CASE TYPE: Public Interest Litigation, Disaster Management Law Case

Supreme Court Directs Guidelines for Ex Gratia Assistance for COVID-19 Deaths: Reepak Kansal vs. Union of India (30 June 2021) Read Post »

Supreme Court clarifies treatment of La Residentia project: No NBCC takeover, but controlled sales allowed (29 June 2021)

/ Ashok Bhushan, Homebuyers' Rights, Judges, Project Development, Real Estate Law, Real Estate Law with Greater Noida Industrial Development Authority, Uday Umesh Lalit

Supreme Court clarifies treatment of La Residentia project Date of the Judgment: 29 June 2021 Judges: Uday Umesh Lalit, J. and Ashok Bhushan, J. Can a real estate project, initially linked to a larger, troubled group, be treated differently if it has made substantial progress? The Supreme Court of India addressed this question in the

Supreme Court clarifies treatment of La Residentia project: No NBCC takeover, but controlled sales allowed (29 June 2021) Read Post »

Supreme Court settles applicability of Limitation Act and maintainability of counterclaims under MSMED Act: Silpi Industries vs. Kerala State Road Transport Corporation (29 June 2021)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 43, Ashok Bhushan, Judges, Limitation Act, 1963, Micro, Small and Medium Enterprises Development Act, 2006, MSMED Act with Section 15, MSMED Act with Section 16, MSMED Act with Section 18, R. Subhash Reddy

Supreme Court Clarifies Applicability of Limitation Act and Counterclaims in MSMED Act Arbitrations Introduction Date of the Judgment: 29 June 2021 Judges: Ashok Bhushan J. and R. Subhash Reddy J. Can a buyer raise a counterclaim in arbitration proceedings initiated by a supplier under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act)?

Supreme Court settles applicability of Limitation Act and maintainability of counterclaims under MSMED Act: Silpi Industries vs. Kerala State Road Transport Corporation (29 June 2021) Read Post »

Supreme Court Directs Registration of Migrant Workers and Food Security Measures: Suo Motu Writ Petition (Civil) No. 6 of 2020 (29 June 2021)

/ Ashok Bhushan, Building and Other Construction Workers Act, 1996, Constitutional Law, Constitutional Law with Article 21, Food Security Law, Food Security Law with Section 3, Fundamental Rights, Inter-State Migrant Workmen Act, 1979, Judges, Labour Law, M.R. Shah, National Food Security Act, 2013, Unorganized Workers’ Social Security Act, 2008

Supreme Court Directs Registration of Migrant Workers and Food Security Measures: Suo Motu Writ Petition (Civil) No. 6 of 2020 (29 June 2021) Date of the Judgment: 29 June 2021 Citation: Suo Motu Writ Petition (Civil) No. 6 of 2020 Judges: Ashok Bhushan, J. and M.R. Shah, J. Can the government ensure basic necessities for

Supreme Court Directs Registration of Migrant Workers and Food Security Measures: Suo Motu Writ Petition (Civil) No. 6 of 2020 (29 June 2021) Read Post »

Supreme Court Reduces Sentence in Kidnapping for Ransom Case: Shaik Ahmed vs. State of Telangana (2021)

/ Ashok Bhushan, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 363, Indian Penal Code, 1860 with Section 364A, Judges, Offences Against Human Body, R. Subhash Reddy

Supreme Court Reduces Sentence in Kidnapping for Ransom Case: Shaik Ahmed vs. State of Telangana (2021) LEGAL ISSUE: Whether all ingredients of Section 364A of the Indian Penal Code (IPC) must be proven for a conviction in kidnapping for ransom cases. CASE TYPE: Criminal Law Case Name: Shaik Ahmed vs. State of Telangana [Judgment Date]:

Supreme Court Reduces Sentence in Kidnapping for Ransom Case: Shaik Ahmed vs. State of Telangana (2021) Read Post »

Supreme Court Upholds 50% Reservation Limit, Clarifies State Powers in SEBC Identification: Dr. Jaishri Laxmanrao Patil vs. The Chief Minister & Ors. (2021) INSC 310

/ Ashok Bhushan, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Fundamental Rights, Hemant Gupta, Judges, L.Nageswara Rao, S. Abdul Nazeer, S. Ravindra Bhat

Supreme Court Upholds 50% Reservation Limit, Clarifies State Powers in SEBC Identification: Dr. Jaishri Laxmanrao Patil vs. The Chief Minister & Ors. (2021) INSC 310 LEGAL ISSUE: Whether the 50% ceiling on reservations can be breached and the extent of state power to identify Socially and Educationally Backward Classes (SEBCs). CASE TYPE: Constitutional Law, Reservation

Supreme Court Upholds 50% Reservation Limit, Clarifies State Powers in SEBC Identification: Dr. Jaishri Laxmanrao Patil vs. The Chief Minister & Ors. (2021) INSC 310 Read Post »

Supreme Court Upholds Conviction in Murder Case: Kalabhai Hamirbhai Kachhot vs. State of Gujarat (28 April 2021)

/ Ashok Bhushan, Bombay Police Act, Bombay Police Act with Section 135(1), Criminal Law, Eyewitness Testimony, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 324, Indian Penal Code, 1860 with Section 34, Judges, Medical Evidence, Murder, R. Subhash Reddy

Supreme Court Upholds Conviction in Murder Case: Kalabhai Hamirbhai Kachhot vs. State of Gujarat (2021) LEGAL ISSUE: Whether the concurrent findings of the trial court and High Court in a murder case, based on the testimony of injured eyewitnesses and medical evidence, warrant interference by the Supreme Court. CASE TYPE: Criminal Case Name: Kalabhai Hamirbhai

Supreme Court Upholds Conviction in Murder Case: Kalabhai Hamirbhai Kachhot vs. State of Gujarat (28 April 2021) Read Post »

Supreme Court Stays Inquiry into Private Conversation in PIL: Justice V. Eswaraiah vs. Union of India (2021)

/ Ashok Bhushan, Civil Procedure, Interlocutory Applications, Judges, Judicial Inquiry, Maintainability of PIL, Principles of Natural Justice, Procedural Fairness, Public Interest Litigation, R. Subhash Reddy, Societies Registration Act, 1860

Supreme Court Stays Inquiry into Private Conversation in PIL: Justice V. Eswaraiah vs. Union of India (2021) LEGAL ISSUE: Whether a High Court can order an inquiry into a private conversation in a Public Interest Litigation (PIL) when the conversation is not directly related to the main issue of the PIL. CASE TYPE: Public Interest

Supreme Court Stays Inquiry into Private Conversation in PIL: Justice V. Eswaraiah vs. Union of India (2021) Read Post »

Supreme Court Upholds Conviction in Custodial Death Case: Shanmugam vs. State (2021)

/ Ashok Bhushan, Copyright Act, 1957, Copyright Act, 1957 with Section 51, Hemant Gupta, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 224, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, S. Abdul Nazeer

Supreme Court Upholds Conviction in Custodial Death Case: Shanmugam vs. State (2021) LEGAL ISSUE: Whether the conviction of the accused based on circumstantial evidence for the custodial death of a police constable was justified. CASE TYPE: Criminal Law Case Name: Shanmugam vs. State by Inspector of Police, Tamil Nadu Judgment Date: April 6, 2021 Date

Supreme Court Upholds Conviction in Custodial Death Case: Shanmugam vs. State (2021) Read Post »

Supreme Court Upholds Karta’s Right to Surrender Tenancy in Joint Hindu Family Dispute: Kiran Devi vs. Bihar State Sunni Wakf Board (2021)

/ Ashok Bhushan, Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 227, Hemant Gupta, Hindu Law, Joint Hindu Family, Judges, Powers of Karta, S. Abdul Nazeer, Wakf Act, 1995, Wakf Act, 1995 with Section 83, Wakf Tribunal

Supreme Court Upholds Karta’s Right to Surrender Tenancy in Joint Hindu Family Dispute LEGAL ISSUE: Whether a Karta of a Joint Hindu Family can surrender tenancy rights without the consent of other coparceners. CASE TYPE: Property Law/Tenancy Dispute Case Name: Kiran Devi vs. The Bihar State Sunni Wakf Board & Ors. [Judgment Date]: April 5,

Supreme Court Upholds Karta’s Right to Surrender Tenancy in Joint Hindu Family Dispute: Kiran Devi vs. Bihar State Sunni Wakf Board (2021) Read Post »

Scroll to Top