Ashok Bhushan

Supreme Court clarifies sentencing powers under the NDPS Act: Rafiq Qureshi vs. Narcotic Control Bureau (2019)

Supreme Court Clarifies Sentencing Under NDPS Act: Rafiq Qureshi vs. Narcotic Control Bureau (2019) LEGAL ISSUE: Interpretation of Section 32B of the Narcotic Drugs and Psychotropic Substances Act, 1985 regarding factors for imposing higher than minimum punishment. CASE TYPE: Criminal Law (Narcotics) Case Name: Rafiq Qureshi vs. Narcotic Control Bureau Judgment Date: May 7, 2019 […]

Supreme Court clarifies sentencing powers under the NDPS Act: Rafiq Qureshi vs. Narcotic Control Bureau (2019) Read Post »

Supreme Court clarifies applicability of Limitation Act to Tamil Nadu Hindu Religious Endowment Board appeals: Ganesan vs. The Commissioner (2019) INSC 425 (03 May 2019)

Supreme Court Clarifies Applicability of Limitation Act to Religious Endowment Appeals LEGAL ISSUE: Whether the Commissioner of the Tamil Nadu Hindu Religious and Charitable Endowments Board can apply Section 5 of the Limitation Act, 1963 to condone delays in filing appeals under Section 69 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

Supreme Court clarifies applicability of Limitation Act to Tamil Nadu Hindu Religious Endowment Board appeals: Ganesan vs. The Commissioner (2019) INSC 425 (03 May 2019) Read Post »

Supreme Court alters murder conviction to culpable homicide not amounting to murder: Kalabai vs. State of Madhya Pradesh (2019)

Supreme Court alters murder conviction to culpable homicide not amounting to murder: Kalabai vs. State of Madhya Pradesh (2019) LEGAL ISSUE: Whether the act of throwing a burning stove on a person constitutes murder or culpable homicide not amounting to murder. CASE TYPE: Criminal Case Name: Kalabai vs. State of Madhya Pradesh Judgment Date: April

Supreme Court alters murder conviction to culpable homicide not amounting to murder: Kalabai vs. State of Madhya Pradesh (2019) Read Post »

Supreme Court quashes proceedings against family members in dowry case; upholds charges against father: Rashmi Chopra vs. State of Uttar Pradesh (2019)

Supreme Court quashes proceedings against family members in dowry case; upholds charges against father: Rashmi Chopra vs. State of Uttar Pradesh (2019) LEGAL ISSUE: Whether criminal proceedings under Section 498A of the Indian Penal Code, 1860 and Sections 3/4 of the Dowry Prohibition Act, 1961 can be quashed against family members based on vague allegations

Supreme Court quashes proceedings against family members in dowry case; upholds charges against father: Rashmi Chopra vs. State of Uttar Pradesh (2019) Read Post »

Supreme Court clarifies: No Sanction Needed to Prosecute Bank Managers for Forgery: S.K. Miglani vs. State NCT of Delhi (2019)

Supreme Court Clarifies Sanction for Prosecution of Bank Managers in Forgery Cases LEGAL ISSUE: Whether a bank manager requires prior sanction under Section 197 of the Code of Criminal Procedure (CrPC) before being prosecuted for offenses like forgery allegedly committed while opening a bank account. CASE TYPE: Criminal Law Case Name: S.K. Miglani vs. State

Supreme Court clarifies: No Sanction Needed to Prosecute Bank Managers for Forgery: S.K. Miglani vs. State NCT of Delhi (2019) Read Post »

Supreme Court quashes criminal proceedings for lack of intent: Vikram Johar vs. State of Uttar Pradesh (26 April 2019)

Supreme Court quashes criminal proceedings for lack of intent: Vikram Johar vs. State of Uttar Pradesh (2019) Date of the Judgment: 26 April 2019 Citation: (2019) INSC 436 Judges: Justice Ashok Bhushan and Justice K.M. Joseph Can a verbal altercation alone lead to criminal charges of intentional insult and criminal intimidation? The Supreme Court of

Supreme Court quashes criminal proceedings for lack of intent: Vikram Johar vs. State of Uttar Pradesh (26 April 2019) Read Post »

Supreme Court Quashes Charges in Counterfeit Currency Case: Dipakbhai Jagdishchandra Patel vs. State of Gujarat (2019)

Supreme Court Quashes Charges in Counterfeit Currency Case: Dipakbhai Jagdishchandra Patel vs. State of Gujarat (2019) LEGAL ISSUE: Admissibility of co-accused statements and the requirement of independent evidence for framing charges in counterfeit currency cases. CASE TYPE: Criminal Law Case Name: Dipakbhai Jagdishchandra Patel vs. State of Gujarat and Another [Judgment Date]: 24 April 2019

Supreme Court Quashes Charges in Counterfeit Currency Case: Dipakbhai Jagdishchandra Patel vs. State of Gujarat (2019) Read Post »

Supreme Court Directs No Further Recovery of Interest on Entry Tax: VST Industries vs. State of UP (2019)

Supreme Court Directs No Further Recovery of Interest on Entry Tax: VST Industries vs. State of UP (2019) LEGAL ISSUE: Whether recovery of interest on arrears of Entry Tax can be pursued when a related writ petition is pending. CASE TYPE: Tax Law Case Name: VST Industries Limited vs. The State of Uttar Pradesh &

Supreme Court Directs No Further Recovery of Interest on Entry Tax: VST Industries vs. State of UP (2019) Read Post »

Supreme Court Upholds Disqualification of Councillor for Spouse’s Unauthorized Construction: Sampada Yogesh Waghdhare vs. State of Maharashtra (2019)

Supreme Court Upholds Disqualification of Councillor for Spouse’s Unauthorized Construction LEGAL ISSUE: Whether a municipal councillor can be disqualified for unauthorized constructions carried out by their spouse or dependents under the Maharashtra Municipal Council Act, 1965. CASE TYPE: Local Government Law, Disqualification of Municipal Councillor Case Name: Sampada Yogesh Waghdhare vs. The State of Maharashtra

Supreme Court Upholds Disqualification of Councillor for Spouse’s Unauthorized Construction: Sampada Yogesh Waghdhare vs. State of Maharashtra (2019) Read Post »

Supreme Court clarifies interest liability on Entry Tax: Indian Oil Corporation vs. State of U.P. (22 April 2019)

Supreme Court clarifies interest liability on Entry Tax: Indian Oil Corporation vs. State of U.P. (2019) Date of the Judgment: 22 April 2019 Citation: (2019) INSC 362 Judges: Ashok Bhushan, J., K.M. Joseph, J. Can a state government demand interest on entry tax when the initial levy was challenged and the matter was under litigation?

Supreme Court clarifies interest liability on Entry Tax: Indian Oil Corporation vs. State of U.P. (22 April 2019) Read Post »

Supreme Court Upholds Appointment of Special Officer for Idol Theft Cases: State of Tamil Nadu vs. Elephant G. Rajendran (2019)

Supreme Court Upholds Appointment of Special Officer for Idol Theft Cases: State of Tamil Nadu vs. Elephant G. Rajendran (2019) LEGAL ISSUE: Whether a High Court can appoint a retired police officer to head a Special Investigation Team (SIT). CASE TYPE: Criminal. Case Name: The State of Tamil Nadu & Ors. vs. Elephant G. Rajendran

Supreme Court Upholds Appointment of Special Officer for Idol Theft Cases: State of Tamil Nadu vs. Elephant G. Rajendran (2019) Read Post »

Supreme Court Reverses Conviction in Cheque Dishonor Case: Basalingappa vs. Mudibasappa (2019)

Supreme Court Reverses Conviction in Cheque Dishonor Case: Basalingappa vs. Mudibasappa (2019) LEGAL ISSUE: Whether the accused successfully rebutted the presumption under Section 139 of the Negotiable Instruments Act, 1881, regarding a cheque issued for a legally enforceable debt or liability. CASE TYPE: Criminal Appeal (Cheque Dishonor) Case Name: Basalingappa vs. Mudibasappa [Judgment Date]: April

Supreme Court Reverses Conviction in Cheque Dishonor Case: Basalingappa vs. Mudibasappa (2019) Read Post »

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