B.R. Gavai

Supreme Court Upholds “Own Use” Interpretation for Captive Power Plants: Chhattisgarh State Power Distribution Company Ltd. vs. Chhattisgarh State Electricity Regulatory Commission (2022)

/ B.R. Gavai, Captive Generating Plant, Electricity Act, 2003, Electricity Act, 2003 with Section 2(49), Electricity Act, 2003 with Section 9, Electricity Rules, 2005, Electricity Rules, 2005 with Rule 3, Judges, L. Nageswara Rao

Supreme Court Upholds “Own Use” Interpretation for Captive Power Plants: Chhattisgarh State Power Distribution Company Ltd. vs. Chhattisgarh State Electricity Regulatory Commission (2022) Date of the Judgment: May 12, 2022 Citation: (2022) INSC 512 Judges: L. Nageswara Rao, J. and B.R. Gavai, J. Can a company that generates power primarily for its own use, share […]

Supreme Court Upholds “Own Use” Interpretation for Captive Power Plants: Chhattisgarh State Power Distribution Company Ltd. vs. Chhattisgarh State Electricity Regulatory Commission (2022) Read Post »

Supreme Court Reinstates Contractual Employee: K. Ragupathi vs. State of Uttar Pradesh (2022)

/ B.R. Gavai, Contractual Employment, Gautam Budh University Act, 2002, Gautam Budh University Act, 2002 with Section 29(1), Judges, L. Nageswara Rao, Principles of Natural Justice, Service Law, Termination of Service

Supreme Court Reinstates Contractual Employee: K. Ragupathi vs. State of Uttar Pradesh (2022) Date of the Judgment: May 12, 2022 Citation: K. Ragupathi vs. State of Uttar Pradesh (2022) INSC 489 Judges: L. Nageswara Rao, J. and B.R. Gavai, J. Can a university terminate a contractual employee without following principles of natural justice, even if

Supreme Court Reinstates Contractual Employee: K. Ragupathi vs. State of Uttar Pradesh (2022) Read Post »

Supreme Court Upholds Appointment of Lecturer Despite Procedural Lapses: Ram Chandra vs. State of Uttar Pradesh (2022)

/ Appointment of Teachers, B.R. Gavai, Judges, L. Nageswara Rao, Service Law, Uttar Pradesh State Universities Act, 1973, Uttar Pradesh State Universities Act, 1973 with Section 31, Uttar Pradesh State Universities Act, 1973 with Section 68

Supreme Court Upholds Appointment of Lecturer Despite Procedural Lapses: Ram Chandra vs. State of Uttar Pradesh (2022) LEGAL ISSUE: Whether the appointment of a lecturer can be set aside due to procedural irregularities in the selection process, specifically regarding the nomination of subject experts. CASE TYPE: Service Law Case Name: Ram Chandra vs. State of

Supreme Court Upholds Appointment of Lecturer Despite Procedural Lapses: Ram Chandra vs. State of Uttar Pradesh (2022) Read Post »

Supreme Court Halts Railway Expansion in Western Ghats: T.N. Godavarman Thirumulpad vs. Union of India (2022)

/ Aniruddha Bose, B.R. Gavai, Environmental Impact Assessment, Environmental Law, Judges, L. Nageswara Rao, Precautionary Principle, Sustainable Development, Wild Life (Protection) Act, 1972, Wild Life (Protection) Act, 1972 with Section 38(O)

Supreme Court Halts Railway Expansion in Western Ghats: T.N. Godavarman Thirumulpad vs. Union of India (2022) LEGAL ISSUE: Balancing development with environmental protection in ecologically sensitive zones. CASE TYPE: Environmental Law, Public Interest Litigation. Case Name: T.N. Godavarman Thirumulpad vs. Union of India & Ors. Judgment Date: May 09, 2022 Introduction Date of the Judgment:

Supreme Court Halts Railway Expansion in Western Ghats: T.N. Godavarman Thirumulpad vs. Union of India (2022) Read Post »

Supreme Court halts railway expansion in Western Ghats to protect ecology: T.N. Godavarman Thirumulpad vs. Union of India (09 May 2022)

/ Aniruddha Bose, B.R. Gavai, Environmental Law, Environmental Law with Section 38(O), Judges, L. Nageswara Rao, Precautionary Principle, Sustainable Development, Wildlife Protection Act, 1972, Wildlife Protection Act, 1972 with Section 38(O)

Supreme Court revokes railway line expansion in Western Ghats: T.N. Godavarman Thirumulpad vs. Union of India (2022) LEGAL ISSUE: Balancing development with environmental protection in ecologically sensitive areas. CASE TYPE: Environmental Law, Public Interest Litigation. Case Name: T.N. Godavarman Thirumulpad vs. Union of India & Ors. Judgment Date: 09 May 2022 Introduction Date of the

Supreme Court halts railway expansion in Western Ghats to protect ecology: T.N. Godavarman Thirumulpad vs. Union of India (09 May 2022) Read Post »

Supreme Court Quashes Termination of Mining Lease Due to Lack of Evidence: Haryana Mining Company vs. State of Haryana (2022)

/ Administrative Law, B.R. Gavai, Breach of contract, Contract Law, Due Process, Illegal Mining, Judges, Judicial Review, L. Nageswara Rao, Lease Agreement, Mining Law, Mining Lease

Supreme Court Quashes Termination of Mining Lease Due to Lack of Evidence: Haryana Mining Company vs. State of Haryana (2022) LEGAL ISSUE: Whether the termination of a mining lease is justified without sufficient evidence of illegal mining activities by the leaseholder. CASE TYPE: Mining Law, Contract Law, Administrative Law Case Name: M/s Haryana Mining Company

Supreme Court Quashes Termination of Mining Lease Due to Lack of Evidence: Haryana Mining Company vs. State of Haryana (2022) Read Post »

Supreme Court Upholds Rejection of Judicial Member’s Extension: Union of India vs. Navneet Kumar (2022)

/ Administrative Law, Administrative Tribunal Act, 1985, Administrative Tribunal Act, 1985 with Section 6(3), Administrative Tribunals (Procedure for Appointment of Members) Rules, 2011, B.R. Gavai, Central Administrative Tribunal, Extension of Service, Judges, Judicial Appointments, L. Nageswara Rao, Service Law

Supreme Court Upholds Rejection of Judicial Member’s Extension: Union of India vs. Navneet Kumar (2022) Date of the Judgment: May 5, 2022 Citation: 2022 INSC 422 Judges: L. Nageswara Rao, J. and B.R. Gavai, J. Can a competent authority reject a recommendation for extension of term of a Judicial Member of the Central Administrative Tribunal,

Supreme Court Upholds Rejection of Judicial Member’s Extension: Union of India vs. Navneet Kumar (2022) Read Post »

Supreme Court clarifies the scope of “sum” under Section 31(7) of the Arbitration Act: Delhi Airport Metro Express Pvt. Ltd. vs. Delhi Metro Rail Corporation (2022)

/ Arbitration and Conciliation Act, 1996, Arbitration Proceedings, B.R. Gavai, Breach of contract, Concession Agreement, Contract Law, Contractual Agreements, Interest in Arbitration, Judges, L. Nageswara Rao, Section 31, Arbitration and Conciliation Act, 1996

Supreme Court Clarifies Interest Calculation Under Section 31(7) of the Arbitration Act: Delhi Airport Metro vs. Delhi Metro Rail (2022) LEGAL ISSUE: Whether the “sum” awarded under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996 includes interest pendente lite. CASE TYPE: Arbitration Law Case Name: Delhi Airport Metro Express Private Limited vs. Delhi Metro

Supreme Court clarifies the scope of “sum” under Section 31(7) of the Arbitration Act: Delhi Airport Metro Express Pvt. Ltd. vs. Delhi Metro Rail Corporation (2022) Read Post »

Kerala Arbitration Act Overruled: Supreme Court Upholds Judicial Power (2022)

/ Arbitration Act, 1940, Arbitration and Conciliation Act, 1996, Arbitration Law, B.R. Gavai, Constitutional Law, Constitutional Law with Article 254, Judges, L. Nageswara Rao, Legislative Competence, Separation of Powers

Kerala Arbitration Act Overruled: Supreme Court Upholds Judicial Power (2022) LEGAL ISSUE: Legislative competence of a State to enact laws impacting arbitration and encroachment on judicial power. CASE TYPE: Civil Appellate Jurisdiction Case Name: The Secretary to Govt. of Kerala, Irrigation Department and Others vs. James Varghese and Others Judgment Date: 04 May 2022 Introduction

Kerala Arbitration Act Overruled: Supreme Court Upholds Judicial Power (2022) Read Post »

Supreme Court clarifies the legality of vaccine mandates and the importance of data transparency in COVID-19 cases (2 May 2022)

/ B.R. Gavai, Constitutional Law, Constitutional Law with Article 21, Drugs and Cosmetics Act, 1940, Fundamental Rights, Judges, L. Nageswara Rao, New Drugs and Clinical Trials Rules, 2019

Supreme Court Clarifies Vaccine Mandates and Data Transparency in COVID-19 Case (2 May 2022) LEGAL ISSUE: Whether vaccine mandates infringe upon individual rights and the extent of transparency required in clinical trial data. CASE TYPE: Public Interest Litigation, Constitutional Law Case Name: Jacob Puliyel vs. Union of India & Ors. Judgment Date: 2 May 2022

Supreme Court clarifies the legality of vaccine mandates and the importance of data transparency in COVID-19 cases (2 May 2022) Read Post »

Supreme Court clarifies auction sale obligations in Rajasthan Financial Corporation vs. Jain Bandhu Sneh Resorts (27 April 2022)

/ Auction Law, B.R. Gavai, Civil Law, Contract Law, Default, Financial Corporation, Judges, L. Nageswara Rao

Rajasthan Financial Corporation vs. Jain Bandhu Sneh Resorts: Supreme Court on Auction Sales LEGAL ISSUE: Whether a sale in auction can be set aside solely on the ground of price escalation. CASE TYPE: Civil, Contract Law, Auction Law Case Name: Rajasthan Financial Corporation vs. M/s Jain Bandhu Sneh Resorts Private Limited Judgment Date: 27 April

Supreme Court clarifies auction sale obligations in Rajasthan Financial Corporation vs. Jain Bandhu Sneh Resorts (27 April 2022) Read Post »

Supreme Court permits Promoter to complete housing project, setting aside NCLAT order: Anand Murti vs Soni Infratech (2022)

/ B.R. Gavai, Corporate Insolvency Resolution Process (CIRP), Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 12A, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, L. Nageswara Rao

Supreme Court permits Promoter to complete housing project, setting aside NCLAT order: Anand Murti vs Soni Infratech (2022) LEGAL ISSUE: Whether a promoter can be permitted to complete a housing project under the Insolvency and Bankruptcy Code (IBC) instead of continuing the Corporate Insolvency Resolution Process (CIRP). CASE TYPE: Insolvency Law Case Name: Anand Murti

Supreme Court permits Promoter to complete housing project, setting aside NCLAT order: Anand Murti vs Soni Infratech (2022) Read Post »

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