Ashok Bhushan

Union Territories and Democratic Governance: Supreme Court Interprets Article 239AA of the Constitution (July 4, 2018)

LEGAL ISSUE: The balance of power between the Lieutenant Governor and the elected government in the National Capital Territory of Delhi. CASE TYPE: Constitutional Law, Administrative Law. Case Name: Government of NCT of Delhi vs. Union of India & Another Judgment Date: July 4, 2018 Can a Union Territory have a government that truly represents […]

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Supreme Court Upholds Conviction Under Section 138 of NI Act: Kishan Rao vs. Shankargouda (2 July 2018)

Supreme Court Upholds Conviction Under Section 138 of NI Act: Kishan Rao vs. Shankargouda (2018) Date of the Judgment: 2 July 2018 Citation: 2018 INSC 603 Judges: A.K. Sikri, J., Ashok Bhushan, J. Can a High Court overturn a conviction under Section 138 of the Negotiable Instruments Act, 1881, simply by re-evaluating the evidence? The

Supreme Court Upholds Conviction Under Section 138 of NI Act: Kishan Rao vs. Shankargouda (2 July 2018) Read Post »

Supreme Court Clarifies Admissibility of Fingerprints Under Identification of Prisoners Act in Murder Case: Sonvir vs. State (2018)

Supreme Court Clarifies Admissibility of Fingerprints Under Identification of Prisoners Act in Murder Case: Sonvir vs. State (2018) LEGAL ISSUE: Admissibility of fingerprint evidence obtained by police during investigation without a Magistrate’s order. CASE TYPE: Criminal Law Case Name: Sonvir @ Somvir v. The State of NCT of Delhi [Judgment Date]: July 2, 2018 Introduction

Supreme Court Clarifies Admissibility of Fingerprints Under Identification of Prisoners Act in Murder Case: Sonvir vs. State (2018) Read Post »

Supreme Court Upholds High Court Decision on Disciplinary Inquiry: Union of India vs. Ram Lakhan Sharma (2018)

Supreme Court Upholds High Court Decision on Disciplinary Inquiry: Union of India vs. Ram Lakhan Sharma (2018) Date of the Judgment: 02 July 2018 Citation: 2018 INSC 605 Judges: Adarsh Kumar Goel, J., Ashok Bhushan, J. (authored the judgment) Can a disciplinary inquiry be deemed fair if the Inquiry Officer also acts as the prosecutor?

Supreme Court Upholds High Court Decision on Disciplinary Inquiry: Union of India vs. Ram Lakhan Sharma (2018) Read Post »

Supreme Court Clarifies “Local Authority” Definition under Section 10(20) of the Income Tax Act: NOIDA vs. CCIT (2018)

Supreme Court Clarifies “Local Authority” Definition under Section 10(20) of the Income Tax Act: NOIDA vs. CCIT (2018) Date of the Judgment: July 2, 2018 Citation: (2018) INSC 600 Judges: A.K. Sikri, J., Ashok Bhushan, J. Can an industrial development authority, performing municipal functions, be considered a ‘local authority’ for income tax exemption? The Supreme

Supreme Court Clarifies “Local Authority” Definition under Section 10(20) of the Income Tax Act: NOIDA vs. CCIT (2018) Read Post »

Supreme Court Partially Allows Appeals Regarding Advocate Fee Dispute: Insurance Companies to Adhere to 2009 and 2014 GIPSA Fee Schedules

Insurance Companies’ Advocate Fee Dispute: Supreme Court Partially Allows Appeals LEGAL ISSUE: Whether the High Court can intervene in a contractual dispute between insurance companies and their empanelled advocates regarding fee payment through a Public Interest Litigation (PIL). CASE TYPE: Civil Appellate Jurisdiction Case Name: United India Insurance Co. Ltd. vs. [Respondent] (and other connected

Supreme Court Partially Allows Appeals Regarding Advocate Fee Dispute: Insurance Companies to Adhere to 2009 and 2014 GIPSA Fee Schedules Read Post »

Supreme Court Upholds TDS on Lease Rent, Clarifies “Local Authority” Status: Noida vs. CIT (2018)

Supreme Court Upholds TDS on Lease Rent, Clarifies “Local Authority” Status: Noida vs. CIT (2018) LEGAL ISSUE: Whether NOIDA and Greater NOIDA are “local authorities” under Section 10(20) of the Income Tax Act, 1961, and whether tax is deductible at source (TDS) on lease rent payments made to them. CASE TYPE: Income Tax Law Case

Supreme Court Upholds TDS on Lease Rent, Clarifies “Local Authority” Status: Noida vs. CIT (2018) Read Post »

Supreme Court clarifies Armed Forces Tribunal Jurisdiction in Secondment Cases: Lt. Col. Vijaynath Jha vs. Union of India (2018)

Supreme Court clarifies Armed Forces Tribunal Jurisdiction in Secondment Cases (2018) LEGAL ISSUE: Scope of “service matters” under the Armed Forces Tribunal Act, 2007, specifically regarding permanent secondment in organizations like the Directorate General of Quality Assurance (DGQA). CASE TYPE: Service Law, Armed Forces Tribunal Jurisdiction Case Name: Lt. Col. Vijaynath Jha vs. Union of

Supreme Court clarifies Armed Forces Tribunal Jurisdiction in Secondment Cases: Lt. Col. Vijaynath Jha vs. Union of India (2018) Read Post »

Supreme Court clarifies use of Parliamentary Committee Reports in Public Interest Litigations (2018)

Supreme Court Clarifies Use of Parliamentary Committee Reports in Public Interest Litigations (2018) LEGAL ISSUE: Admissibility and use of Parliamentary Standing Committee reports in court proceedings. CASE TYPE: Public Interest Litigation, Constitutional Law Case Name: Kalpana Mehta and others v. Union of India and others Judgment Date: May 9, 2018 Introduction Date of the Judgment:

Supreme Court clarifies use of Parliamentary Committee Reports in Public Interest Litigations (2018) Read Post »

Supreme Court Clarifies Pension Rules for Navy Direct Entry Artificers: Ex-Navy Direct Entry Artificers Association vs. Union of India (2018)

Ex-Navy Direct Entry Artificers Association vs. Union of India: Supreme Court on Pension Eligibility Date of the Judgment: May 8, 2018 Citation: Civil Appeal No. 6785 of 2014 Judges: A.K. Sikri, J. and Ashok Bhushan, J. Can time spent in the Fleet Reserve be automatically counted towards pensionable service for Navy Artificers? The Supreme Court

Supreme Court Clarifies Pension Rules for Navy Direct Entry Artificers: Ex-Navy Direct Entry Artificers Association vs. Union of India (2018) Read Post »

Supreme Court Sets Aside Bombay HC Order on Delay in Filing Written Statement: ATCOM Technologies Ltd. vs. Y.A. Chunawala & Co. (2018)

Supreme Court Sets Aside Bombay HC Order on Delay in Filing Written Statement: ATCOM Technologies Ltd. vs. Y.A. Chunawala & Co. (2018) Date of the Judgment: May 7, 2018 Citation: 2018 INSC 403 Judges: A.K. Sikri, J. and Ashok Bhushan, J. Can a court condone a 15-year delay in filing a written statement simply because

Supreme Court Sets Aside Bombay HC Order on Delay in Filing Written Statement: ATCOM Technologies Ltd. vs. Y.A. Chunawala & Co. (2018) Read Post »

Supreme Court Orders Re-evaluation of School Lecturer Exam Results in Rajasthan: Rishal & Ors. vs. Rajasthan Public Service Commission (2018) INSC 379 (03 May 2018)

Supreme Court Orders Re-evaluation of School Lecturer Exam Results in Rajasthan Date of the Judgment: 03 May 2018 Citation: (2018) INSC 379 Judges: A.K. Sikri, J., Ashok Bhushan, J. Can a flawed answer key invalidate an entire examination process? The Supreme Court of India recently addressed this critical question in a case concerning the Rajasthan

Supreme Court Orders Re-evaluation of School Lecturer Exam Results in Rajasthan: Rishal & Ors. vs. Rajasthan Public Service Commission (2018) INSC 379 (03 May 2018) Read Post »

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