Ashok Bhushan

Supreme Court clarifies jurisdiction in Small Causes Court cases after UP Civil Laws Amendment Act, 2015: Om Prakash Agarwal vs. Vishan Dayal Rajpoot (2018) INSC 892 (12 October 2018)

/ A.K. Sikri, Ashok Bhushan, Bengal, Agra, Assam Civil Courts Act, 1887, Bengal, Agra, Assam Civil Courts Act, 1887 with Section 25, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Section 21, Cognizance, Judges, Jurisdiction, Pecuniary Jurisdiction, Provincial Small Cause Courts Act, 1887, Provincial Small Cause Courts Act, 1887 with Section 15, Small Causes Court

Supreme Court clarifies jurisdiction in Small Causes Court cases after UP Civil Laws Amendment Act, 2015 Date of the Judgment: 12 October 2018 Citation: (2018) INSC 892 Judges: A.K. Sikri, J., Ashok Bhushan, J. Can a court’s decision be overturned on a technicality after a full trial? The Supreme Court of India addressed this crucial […]

Supreme Court clarifies jurisdiction in Small Causes Court cases after UP Civil Laws Amendment Act, 2015: Om Prakash Agarwal vs. Vishan Dayal Rajpoot (2018) INSC 892 (12 October 2018) Read Post »

Supreme Court clarifies Input Tax Credit eligibility under Tamil Nadu VAT Act for Inter-State sales: TVS Motor Company Ltd. vs. The State of Tamil Nadu (2018) INSC 901 (12 October 2018)

/ A.K. Sikri, Ashok Bhushan, Central Sales Tax Act, 1956, Central Sales Tax Act, 1956 with Section 3, Central Sales Tax Act, 1956 with Section 8, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 19(1)(g), Constitutional Law with Article 301, Judges, Tamil Nadu Value Added Tax Act, 2006, Tamil Nadu Value Added Tax Act, 2006 with Section 19, Tamil Nadu Value Added Tax Act, 2006 with Section 38, Tamil Nadu Value Added Tax Rules, 2007

TVS Motor Company Ltd. vs. The State of Tamil Nadu: Supreme Court on Input Tax Credit LEGAL ISSUE: Whether Section 19(5)(c) of the Tamil Nadu Value Added Tax Act, 2006 and Rule 10(9)(a) of the Tamil Nadu Value Added Tax Rules, 2007 are unconstitutional and violate the Central Sales Tax Act. CASE TYPE: Tax Law

Supreme Court clarifies Input Tax Credit eligibility under Tamil Nadu VAT Act for Inter-State sales: TVS Motor Company Ltd. vs. The State of Tamil Nadu (2018) INSC 901 (12 October 2018) Read Post »

Supreme Court Upholds GST Compensation Cess Act: Union of India vs. Hind Energy and Coal Benefication (2018)

/ A.K. Sikri, Ashok Bhushan, Clean Energy Cess, Constitutional Law, Constitutional Law with Article 246A, Constitutional Law with Article 270, Goods and Services Tax, GST Compensation Cess, Judges, Legislative Competence, Tax Law

Supreme Court Upholds GST Compensation Cess Act: Union of India vs. Hind Energy and Coal Benefication (2018) LEGAL ISSUE: Whether the Goods and Services Tax (Compensation to States) Act, 2017 is constitutionally valid and within the legislative competence of the Parliament. CASE TYPE: Tax Law, Constitutional Law Case Name: Union of India & Anr. vs.

Supreme Court Upholds GST Compensation Cess Act: Union of India vs. Hind Energy and Coal Benefication (2018) Read Post »

Supreme Court clarifies Inter-Se Seniority of Punjab Superior Judicial Service Officers: Punjab and Haryana High Court vs. State of Punjab (2018)

/ A.K. Sikri, Ashok Bhushan, Judges, Punjab Superior Judicial Service Rules, 2007 with Rule 7, Roster System, Seniority, Service Law

Supreme Court Clarifies Inter-Se Seniority in Punjab Superior Judicial Service (2018) Date of the Judgment: October 03, 2018 Citation: 2018 INSC 881 Judges: A.K. Sikri, J., Ashok Bhushan, J. (authored the judgment) Can a delay in the appointment of direct recruits affect their seniority compared to promotee officers? The Supreme Court of India addressed this

Supreme Court clarifies Inter-Se Seniority of Punjab Superior Judicial Service Officers: Punjab and Haryana High Court vs. State of Punjab (2018) Read Post »

Supreme Court settles Bifurcation of Lower Judiciary Post Andhra Pradesh Reorganisation Act, 2014 (03 October 2018)

/ A.K. Sikri, Andhra Pradesh Reorganisation Act, 2014, Andhra Pradesh Reorganisation Act, 2014 with Section 77, Andhra Pradesh Reorganisation Act, 2014 with Section 80, Ashok Bhushan, Constitutional Law, Constitutional Law with Article 235, Constitutional Law with Article 371D, Constitutional Law with Article 4, Judges

Supreme Court Settles Bifurcation of Lower Judiciary Post Andhra Pradesh Reorganisation Act, 2014 LEGAL ISSUE: Bifurcation of the lower judiciary between the newly formed states of Telangana and Andhra Pradesh. CASE TYPE: Constitutional Law, Service Law Case Name: Telangana Judges Association & Anr. vs. Union of India & Ors. with State of Telangana & Anr.

Supreme Court settles Bifurcation of Lower Judiciary Post Andhra Pradesh Reorganisation Act, 2014 (03 October 2018) Read Post »

Supreme Court to Reconsider Mosque’s Essentiality in Islam: M. Siddiq vs. Mahant Suresh Das (27 September 2018)

/ Ashok Bhushan, Code of Criminal Procedure, Code of Criminal Procedure with Section 145, Constitutional Law, Constitutional Law with Article 25, Constitutional Law with Article 26, Dipak Misra, Fundamental Rights, Judges, S. Abdul Nazeer

Supreme Court to Reconsider Mosque’s Essentiality in Islam: M. Siddiq vs. Mahant Suresh Das (27 September 2018) LEGAL ISSUE: Whether a mosque is an essential part of the practice of Islam and if the right to worship at a particular place is an integral part of that right. CASE TYPE: Civil, Property Dispute, Religious Rights

Supreme Court to Reconsider Mosque’s Essentiality in Islam: M. Siddiq vs. Mahant Suresh Das (27 September 2018) Read Post »

Supreme Court Upholds Will of Shyama Sundari Dassi: Pasupati Nath Das vs. Chanchal Kumar Das (25 September 2018)

/ Ashok Bhushan, Genuineness of Will, Indian Succession Act, 1925, Indian Succession Act, 1925 with Section 263, Judges, Probate Law, Testamentary Capacity, Uday Umesh Lalit

Supreme Court Upholds Will: Pasupati Nath Das vs. Chanchal Kumar Das (2018) LEGAL ISSUE: Validity of a Will and testamentary capacity of the testator. CASE TYPE: Testamentary/Probate Law Case Name: Pasupati Nath Das (dead) vs. Chanchal Kumar Das (dead) by L.Rs. and Ors. [Judgment Date]: 25 September 2018 Introduction Date of the Judgment: 25 September

Supreme Court Upholds Will of Shyama Sundari Dassi: Pasupati Nath Das vs. Chanchal Kumar Das (25 September 2018) Read Post »

Supreme Court allows registration of ‘NANDHINI’ for restaurant business, clarifies trademark law: M/S. Nandhini Deluxe vs. M/S. Karnataka Co-operative Milk Producers Federation Ltd. (26 July 2018)

/ A.K. Sikri, Ashok Bhushan, Judges, Trade Marks Act, 1999, Trade Marks Act, 1999 with Section 11, Trade Marks Act, 1999 with Section 12, Trade Marks Act, 1999 with Section 9

Supreme Court allows registration of ‘NANDHINI’ for restaurant business, clarifies trademark law Date of the Judgment: 26 July 2018 Citation: M/S. Nandhini Deluxe vs. M/S. Karnataka Co-operative Milk Producers Federation Ltd. CIVIL APPEAL NOS. 2937-2942 OF 2018 Judges: A.K. Sikri, J. and Ashok Bhushan, J. Can a restaurant use a trademark similar to a well-known

Supreme Court allows registration of ‘NANDHINI’ for restaurant business, clarifies trademark law: M/S. Nandhini Deluxe vs. M/S. Karnataka Co-operative Milk Producers Federation Ltd. (26 July 2018) Read Post »

Supreme Court Upholds Right to Protest but Regulates Demonstrations: Mazdoor Kisan Shakti Sangathan vs. Union of India (23 July 2018)

/ A.K. Sikri, Ashok Bhushan, Code of Criminal Procedure, Code of Criminal Procedure with Section 144, Constitutional Law, Constitutional Law with Article 19, Constitutional Law with Article 21, Fundamental Rights, Judges

Supreme Court Upholds Right to Protest but Regulates Demonstrations: Mazdoor Kisan Shakti Sangathan vs. Union of India (2018) LEGAL ISSUE: Balancing the right to protest with public order and the rights of residents. CASE TYPE: Public Interest Litigation, Constitutional Law Case Name: Mazdoor Kisan Shakti Sangathan vs. The Union of India & Anr. Judgment Date:

Supreme Court Upholds Right to Protest but Regulates Demonstrations: Mazdoor Kisan Shakti Sangathan vs. Union of India (23 July 2018) Read Post »

Supreme Court directs fresh maintenance proceedings in domestic dispute: Shalu Ojha vs. Prashant Ojha (23 July 2018)

/ A.K. Sikri, Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 125, Code of Criminal Procedure, 1973 with Section 482, Hindu Adoptions and Maintenance Act, 1956, Judges, Protection of Women from Domestic Violence Act, 2005, Protection of Women from Domestic Violence Act, 2005 with Section 12

Supreme Court directs fresh maintenance proceedings in domestic dispute: Shalu Ojha vs. Prashant Ojha (2018) Date of the Judgment: 23 July 2018 Citation: Not Available Judges: A.K. Sikri, J. and Ashok Bhushan, J. Can a court reduce maintenance awarded under the Protection of Women from Domestic Violence Act, 2005 based on a summary assessment of

Supreme Court directs fresh maintenance proceedings in domestic dispute: Shalu Ojha vs. Prashant Ojha (23 July 2018) Read Post »

Supreme Court Upholds Conviction in Nirbhaya Case: Review Petition Dismissed (9 July 2018)

/ Ashok Bhushan, Code of Criminal Procedure, Code of Criminal Procedure with Section 313, Code of Criminal Procedure with Section 391, Constitutional Law, Constitutional Law with Article 137, Constitutional Law with Article 22, Dipak Misra, Fundamental Rights, Judges, R. Banumathi

Supreme Court Upholds Conviction in Nirbhaya Case: Review Petition Dismissed (9 July 2018) LEGAL ISSUE: Review of a criminal conviction based on alleged errors. CASE TYPE: Criminal Case Name: Mukesh vs. State of NCT of Delhi Judgment Date: 9 July 2018 Introduction Date of the Judgment: 9 July 2018 Citation: Not available in the source

Supreme Court Upholds Conviction in Nirbhaya Case: Review Petition Dismissed (9 July 2018) Read Post »

Supreme Court Upholds Death Penalty in Nirbhaya Case: Review Petitions Dismissed (9 July 2018)

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Supreme Court Upholds Death Penalty in Nirbhaya Case: Review Petitions Dismissed (2018) LEGAL ISSUE: Review of death penalty in a criminal case. CASE TYPE: Criminal Case Name: Vinay Sharma & Anr. vs. State of NCT of Delhi & Ors. Judgment Date: 9 July 2018 Date of the Judgment: 9 July 2018 Citation: Not Available Judges:

Supreme Court Upholds Death Penalty in Nirbhaya Case: Review Petitions Dismissed (9 July 2018) Read Post »

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