LEGAL ISSUE: Whether a suit for specific performance of a contract can be decreed when the defendants deny ownership of the property and the authority of the alleged power of attorney holder. CASE TYPE: Civil – Specific Performance of Contract Case Name: Dharmabiri Rana vs. Pramod Kumar Sharma (D) Thr. Lrs. & Anr. Judgment Date: […]
Date of the Judgment: October 4, 2017 Citation: (2017) INSC 907 Judges: A.K. Sikri, J. and Ashok Bhushan, J. Can a government be compelled to recognize claims to land based on historical grants, even when those claims are not clearly established? The Supreme Court of India addressed this complex question in a recent case involving
October 4, 2017 LEGAL ISSUE: The core legal question is about the circumstances under which a court can summon additional individuals as accused under Section 319 of the Code of Criminal Procedure (CrPC), particularly when those individuals were named in the First Information Report (FIR) but not in the charge sheet. CASE TYPE: This case
LEGAL ISSUE: Whether the conviction under Section 302 read with 34 of the Indian Penal Code, 1860 can be upheld when the charge under Section 120B of the Indian Penal Code, 1860 is not proven. CASE TYPE: Criminal Law Case Name: Shantanu Sitaram @ Anil Divekar vs. The State of Maharashtra Judgment Date: 22 September
LEGAL ISSUE: Interpretation of input tax credit provisions when a by-product is generated during the manufacturing process and sold as an exempted good. CASE TYPE: Tax Law – Karnataka Value Added Tax Act, 2003 Case Name: The State of Karnataka v. M/S. M.K. Agro Tech Pvt. Ltd. Judgment Date: 22 September 2017 Introduction Date of
LEGAL ISSUE: Whether tax credit under Section 11(3)(b) of the Gujarat Value Added Tax Act, 2003 should be reduced once or twice when goods fall under multiple sub-clauses. CASE TYPE: Tax Law – Value Added Tax (VAT) Case Name: State of Gujarat vs. Reliance Industries Limited Judgment Date: 22 September 2017 Introduction Date of the
LEGAL ISSUE: Whether an arbitral tribunal has the power to recall its order terminating proceedings under Section 25(a) of the Arbitration and Conciliation Act, 1996, due to the claimant’s failure to file a statement of claim. CASE TYPE: Arbitration Law Case Name: SREI Infrastructure Finance Limited vs. Tuff Drilling Private Limited Judgment Date: 20 September
LEGAL ISSUE: Whether Section 115O of the Income Tax Act, 1961, which imposes a tax on distributed profits by domestic companies, is constitutionally valid, especially concerning agricultural income. CASE TYPE: Tax Law Case Name: Union of India & Ors. vs. M/s. Tata Tea Co. Ltd. & Anr. Judgment Date: 20 September 2017 Introduction Date of
Can an application for corporate insolvency be rejected if defects are not rectified within seven days? The Supreme Court of India addressed this question, clarifying the nature of the seven-day time limit for rectifying defects in applications filed by operational creditors under the Insolvency and Bankruptcy Code, 2016. This judgment has significant implications for the
Can a notice for increased property tax be valid if it is received after the financial year has ended? The Supreme Court of India addressed this question in a case concerning the Delhi Municipal Corporation Act, 1957. The court clarified the rules for amending property tax assessments. This judgment impacts how the Municipal Corporation of
LEGAL ISSUE: Whether a trade union can have members who work in different industries or establishments. CASE TYPE: Labour Law Case Name: All Escorts Employees Union vs. State of Haryana & Ors. [Judgment Date]: 14 September 2017 Date of the Judgment: 14 September 2017 Citation: 2017 INSC 773 Judges: A.K. Sikri, J. and Ashok Bhushan,
LEGAL ISSUE: Whether a period of training and leave without pay can be included in the calculation of qualifying service for pension benefits. CASE TYPE: Service Law Case Name: Karan Singh vs. Delhi Transport Corporation & Anr. [Judgment Date]: 13 September 2017 Date of the Judgment: 13 September 2017 Citation: Civil Appeal No.12743 of 2017
