Ashok Bhushan Archives

Supreme Court Upholds Mortgage by Conditional Sale Despite Separate Agreement: Atul Chandra Das vs. Rabindra Nath Bhattacharya (2019)

Supreme Court Upholds Mortgage by Conditional Sale Despite Separate Agreement: Atul Chandra Das vs. Rabindra Nath Bhattacharya (2019) LEGAL ISSUE: Whether a transaction can be deemed a mortgage by conditional sale when the condition for re-transfer is in a separate document, despite Section 58(c) of the Transfer of Property Act, 1882. CASE TYPE: Property Law/Mortgage […]

Supreme Court Upholds Mortgage by Conditional Sale Despite Separate Agreement: Atul Chandra Das vs. Rabindra Nath Bhattacharya (2019) Read Post »

Supreme Court clarifies reversionary rights of grand-daughters under Hindu Law: Gopalakrishna vs. Narayanagowda (2019)

April 3, 2019 / Ashok Bhushan, Hindu Law, Indian Limitation Act, 1908, Indian Limitation Act, 1908 with Articles 140 and 141, Indian Limitation Act, 1908 with Section 28, Judges, K.M. Joseph, Mysore Hindu Law Women’s Right to Property Act, 1933, Mysore Hindu Law Women’s Right to Property Act, 1933 with Section 10(2)(g), Mysore Hindu Law Women’s Right to Property Act, 1933 with Section 4(1)(ii), Reversionary Rights, Widow's Estate

Supreme Court clarifies reversionary rights of grand-daughters under Hindu Law: Gopalakrishna vs. Narayanagowda (2019) Date of the Judgment: April 3, 2019 Citation: (2019) INSC 282 Judges: Ashok Bhushan, J. and K.M. Joseph, J. Can a grand-daughter claim property rights as a reversioner under Hindu Law, especially when a widow has already alienated the property? The

Supreme Court clarifies reversionary rights of grand-daughters under Hindu Law: Gopalakrishna vs. Narayanagowda (2019) Read Post »

Supreme Court upholds date of joining for seniority of Sub-Divisional Engineers: Vinod Verma vs. Union of India (2019)

April 2, 2019 / Ashok Bhushan, Constitutional Law, Constitutional Law with Article 309, Judges, K.M. Joseph, Promotion, Seniority, Service Law, Service Law with Article 309

Seniority Dispute Resolved: Supreme Court Upholds Date of Joining for Sub-Divisional Engineers (2019) LEGAL ISSUE: Determination of seniority between Sub-Divisional Engineers promoted through seniority-cum-fitness and those promoted through Limited Departmental Competitive Examination (LDCE). CASE TYPE: Service Law Case Name: Vinod Verma vs. Union of India & Ors. [Judgment Date]: April 2, 2019 Date of the

Supreme Court upholds date of joining for seniority of Sub-Divisional Engineers: Vinod Verma vs. Union of India (2019) Read Post »

Supreme Court Revisits Life Ban on Cricketer Sreesanth for Spot-Fixing: S. Sreesanth vs. BCCI (2019)

March 15, 2019 / Anti-Corruption Code, Ashok Bhushan, Constitutional Law, Constitutional Law with Article 226, Disciplinary Proceedings, Judges, K.M. Joseph, Sports Law, Sports Law with Article 6

Supreme Court Revisits Life Ban on Cricketer Sreesanth for Spot-Fixing: S. Sreesanth vs. BCCI (2019) LEGAL ISSUE: Whether the life ban imposed by the Board of Control for Cricket in India (BCCI) on cricketer S. Sreesanth for alleged spot-fixing was justified and whether the disciplinary proceedings followed principles of natural justice and considered relevant factors

Supreme Court Revisits Life Ban on Cricketer Sreesanth for Spot-Fixing: S. Sreesanth vs. BCCI (2019) Read Post »

Supreme Court clarifies the transfer of Bhumidhari rights in Uttar Pradesh land dispute: Rakesh & Ors. vs. Board of Revenue U.P. & Ors. (2019)

March 8, 2019 / Ashok Bhushan, Judges, K.M. Joseph, Land Laws, Land Laws with Section 134, Land Laws with Section 73, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 43, U.P. Zamindari Abolition and Land Reforms Act, 1950

Supreme Court Clarifies Bhumidhari Rights Transfer in Land Dispute LEGAL ISSUE: Whether a sale deed for land is valid if executed by a Sirdar tenant before the grant of a Bhumidhari Sanad, and the effect of the Uttar Pradesh Land Laws (Amendment) Act, 1977 on pending applications for Bhumidhari rights. CASE TYPE: Civil Law, Land

Supreme Court clarifies the transfer of Bhumidhari rights in Uttar Pradesh land dispute: Rakesh & Ors. vs. Board of Revenue U.P. & Ors. (2019) Read Post »

Supreme Court clarifies rules on interest for delayed Commuted Value of Pension (CVP) in BSNL Employee Case: Chief General Manager Gujarat Telecom Circle vs. Manilal Ambalal Patel (2019)

March 8, 2019 / Ashok Bhushan, Commutation of Pension, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, Judges, K.M. Joseph, Pension Rules, Service Law

Supreme Court Clarifies Interest on Commuted Value of Pension (CVP) in BSNL Employee Case Date of the Judgment: March 8, 2019 Citation: (2019) INSC 186 Judges: Ashok Bhushan, J., K.M. Joseph, J. Can a government employee claim interest on delayed payment of Commuted Value of Pension (CVP)? The Supreme Court of India addressed this question

Supreme Court clarifies rules on interest for delayed Commuted Value of Pension (CVP) in BSNL Employee Case: Chief General Manager Gujarat Telecom Circle vs. Manilal Ambalal Patel (2019) Read Post »

Supreme Court directs fresh hearing in ad-hoc teacher appointment case: Krishna Nand Shukla vs. Director of Higher Education (2019)

March 6, 2019 / Ad-hoc Appointment, Ashok Bhushan, Judges, K.M. Joseph, Service Law, U.P. State Universities Act, 1973, U.P. State Universities Act, 1973 with Section 60A(vi), U.P. State Universities Act, 1973 with Section 60E, Writ Petition

Supreme Court directs fresh hearing in ad-hoc teacher appointment case: Krishna Nand Shukla vs. Director of Higher Education (2019) LEGAL ISSUE: Whether the High Court erred in dismissing a writ petition concerning an ad-hoc appointment of a lecturer by relying on facts and pleadings from a different case. CASE TYPE: Service Law Case Name: Krishna

Supreme Court directs fresh hearing in ad-hoc teacher appointment case: Krishna Nand Shukla vs. Director of Higher Education (2019) Read Post »

Supreme Court Upholds Murder Conviction in Water Dispute Case: Asif Khan vs. State of Maharashtra (2019)

March 5, 2019 / Ashok Bhushan, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 27, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, K.M. Joseph, Offences Against Human Body

Supreme Court Upholds Murder Conviction in Water Dispute Case: Asif Khan vs. State of Maharashtra (2019) LEGAL ISSUE: Whether the accused had the common intention to commit murder under Section 302 read with Section 34 of the Indian Penal Code. CASE TYPE: Criminal Case Name: Asif Khan vs. State of Maharashtra & Anr. Judgment Date:

Supreme Court Upholds Murder Conviction in Water Dispute Case: Asif Khan vs. State of Maharashtra (2019) Read Post »

Supreme Court Allows Prosecution Under Customs Act for Antiquities Export: Department of Customs vs. Sharad Gandhi (27 February 2019)

February 27, 2019 / Antiquities and Art Treasures Act, 1972, Antiquities and Art Treasures Act, 1972 with Section 25, Antiquities and Art Treasures Act, 1972 with Section 3, Antiquities and Art Treasures Act, 1972 with Section 4, Ashok Bhushan, Customs Act, 1962, Customs Act, 1962 with Section 132, Customs Act, 1962 with Section 135, Judges, K.M. Joseph

Supreme Court Allows Prosecution Under Customs Act for Antiquities Export: Department of Customs vs. Sharad Gandhi (2019) Date of the Judgment: 27 February 2019 Citation: (2019) INSC 174 Judges: K.M. Joseph, J., Ashok Bhushan, J. Can a person be prosecuted under the Customs Act, 1962 for illegally exporting antiquities, or is the prosecution limited to

Supreme Court Allows Prosecution Under Customs Act for Antiquities Export: Department of Customs vs. Sharad Gandhi (27 February 2019) Read Post »

Supreme Court clarifies limitation for challenging property transfer by a guardian: Murugan vs. Kesava Gounder (2019)

February 25, 2019 / Ashok Bhushan, Hindu Minority and Guardianship Act, 1956, Hindu Minority and Guardianship Act, 1956 with Section 8, Indian Succession Act, 1925, Indian Succession Act, 1925 with Section 119, Judges, K.M. Joseph, Limitation Act, 1963, Limitation Act, 1963 with Article 60, Limitation Act, 1963 with Article 65

Supreme Court on Limitation for challenging property transfer by a guardian: Murugan vs. Kesava Gounder (2019) Date of the Judgment: 25 February 2019 Citation: 2019 INSC 171 Judges: Ashok Bhushan, J., K.M. Joseph, J. Can a minor’s property sale by a guardian be challenged after a certain period? The Supreme Court of India addressed this

Supreme Court clarifies limitation for challenging property transfer by a guardian: Murugan vs. Kesava Gounder (2019) Read Post »

Adoption Priority Clarified: Supreme Court Rules on Citizenship Change Impact on Adoption Process (25 February 2019)

February 25, 2019 / Adoption Regulations, 2017, Adoption Regulations, 2017 with Regulation 21, Adoption Regulations, 2017 with Regulation 41, Ashok Bhushan, Judges, Juvenile Justice Act, 2015, Juvenile Justice Act, 2015 with Section 56, Juvenile Justice Act, 2015 with Section 57, Juvenile Justice Act, 2015 with Section 59, K.M. Joseph

Supreme Court Clarifies Adoption Rules for Indian Citizens Acquiring Foreign Citizenship Date of the Judgment: 25 February 2019 Citation: 2019 INSC 165 Judges: Ashok Bhushan, J., K.M. Joseph, J. Can a change in citizenship status affect a couple’s place in the adoption queue? The Supreme Court of India recently addressed this critical question, focusing on

Adoption Priority Clarified: Supreme Court Rules on Citizenship Change Impact on Adoption Process (25 February 2019) Read Post »

Supreme Court Clarifies Disposal of Goods on Public Premises: Board of Trustees vs. APL India (2019)

February 21, 2019 / A.K. Sikri, Ashok Bhushan, Eviction Law, Judges, Lien, Major Port Trusts Act, 1963, Major Port Trusts Act, 1963 with Section 59, Major Port Trusts Act, 1963 with Section 61, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Public Premises (Eviction of Unauthorised Occupants) Act, 1971 with Section 6, S. Abdul Nazeer, Unauthorised Occupation

Supreme Court Clarifies Disposal of Goods on Public Premises: Board of Trustees vs. APL India (2019) LEGAL ISSUE: Interpretation of Section 6 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, regarding the disposal of goods found on public premises. CASE TYPE: Public Premises Law, Eviction Law Case Name: Board of Trustees for the

Supreme Court Clarifies Disposal of Goods on Public Premises: Board of Trustees vs. APL India (2019) Read Post »