B.R. Gavai

Supreme Court Upholds Land Acquisition for Chennai-Salem Highway Project: Project Director vs. P.V. Krishnamoorthy (2020)

/ A.M. Khanwilkar, B.R. Gavai, Constitutional Law, Constitutional Law with Entry 13 of List II, Constitutional Law with Entry 23 of List I, Environment (Protection) Act, 1986, Judges, Krishna Murari, National Highways Act, 1956, National Highways Act, 1956 with Section 2(2), National Highways Act, 1956 with Section 3A, National Highways Act, 1956 with Section 3D

Supreme Court Upholds Land Acquisition for Chennai-Salem Highway Project LEGAL ISSUE: Whether land can be acquired for a new national highway project, and the stage at which environmental clearances are required. CASE TYPE: Land Acquisition, Infrastructure Development. Case Name: The Project Director, Project Implementation Unit vs. P.V. Krishnamoorthy & Ors. [Judgment Date]: 8 December 2020 […]

Supreme Court Upholds Land Acquisition for Chennai-Salem Highway Project: Project Director vs. P.V. Krishnamoorthy (2020) Read Post »

Supreme Court clarifies the treatment of claims in Information Memorandum under IBC: NTPC Ltd. vs. Rajiv Chakraborty (2020)

/ A.M. Khanwilkar, B.R. Gavai, Hrishikesh Roy, Information Memorandum, Insolvency and Bankruptcy Code, 2016, Judges, Operational Creditors, Resolution Professional

NTPC Ltd. vs. Rajiv Chakraborty: Supreme Court Clarifies Treatment of Claims in Information Memorandum LEGAL ISSUE: Whether a claim pending adjudication can be classified as an ‘Operational Creditor’ claim in the Information Memorandum under the Insolvency and Bankruptcy Code. CASE TYPE: Insolvency Law Case Name: NTPC Ltd. (Simhadri Project) vs. Rajiv Chakraborty Judgment Date: 16

Supreme Court clarifies the treatment of claims in Information Memorandum under IBC: NTPC Ltd. vs. Rajiv Chakraborty (2020) Read Post »

Supreme Court Quashes Blacklisting Order: UMC Technologies vs. Food Corporation of India (2020)

/ Administrative Law, B.R. Gavai, Blacklisting, Blacklisting, Contract Law, Contract Law with Clause 42.1, Judges, Principles of Natural Justice, S. Abdul Nazeer, Show Cause Notice

Supreme Court Quashes Blacklisting Order: UMC Technologies vs. Food Corporation of India (2020) LEGAL ISSUE: Whether a blacklisting order is valid if the show cause notice does not explicitly mention the intention to blacklist. CASE TYPE: Contract Law, Administrative Law Case Name: UMC Technologies Private Limited vs. Food Corporation of India and Anr. [Judgment Date]:

Supreme Court Quashes Blacklisting Order: UMC Technologies vs. Food Corporation of India (2020) Read Post »

Supreme Court Directs Measures to Preserve Mahakaleshwar Temple: Sarika vs. Administrator (2020)

/ Arun Mishra, B.R. Gavai, Heritage Conservation, Inherent Powers of Supreme Court, Judges, Krishna Murari, Monitoring of Judgments, Religious Rituals, Supreme Court of India, Temple Management, Temple Preservation

Supreme Court Directs Measures to Preserve Mahakaleshwar Temple: Sarika vs. Administrator (2020) Date of the Judgment: September 1, 2020 Citation: M.A. No.1235 OF 2019 IN CIVIL APPEAL NO.4676 OF 2018 Judges: Arun Mishra, J., B.R. Gavai, J., Krishna Murari, J. Can the sacred Shivalinga at the Mahakaleshwar Temple be protected from further erosion? The Supreme

Supreme Court Directs Measures to Preserve Mahakaleshwar Temple: Sarika vs. Administrator (2020) Read Post »

Supreme Court Limits Monitoring Committee’s Power to Seal Residential Premises: M.C. Mehta vs. Union of India (2020)

/ Arun Mishra, B.R. Gavai, Constitutional Law, Constitutional Law with Article 142, Constitutional Law with Article 300A, Delhi Municipal Corporation Act, 1957, Delhi Municipal Corporation Act, 1957 with Section 334, Delhi Municipal Corporation Act, 1957 with Section 335, Delhi Municipal Corporation Act, 1957 with Section 347A, Judges, Krishna Murari

Supreme Court Limits Monitoring Committee’s Power to Seal Residential Premises: M.C. Mehta vs. Union of India (2020) LEGAL ISSUE: Authority of the Monitoring Committee to seal residential premises. CASE TYPE: Environmental Law, Public Interest Litigation Case Name: M.C. Mehta vs. Union of India & Ors. Judgment Date: 14 August 2020 Date of the Judgment: 14

Supreme Court Limits Monitoring Committee’s Power to Seal Residential Premises: M.C. Mehta vs. Union of India (2020) Read Post »

Supreme Court Clarifies Taxability of Non-Compete Fees: Shiv Raj Gupta vs. Commissioner of Income-Tax (2020)

/ B.R. Gavai, Income Tax Act, 1961, Income Tax Act, 1961 with Section 260-A, Income Tax Act, 1961 with Section 28(ii)(a), Income Tax Act, 1961 with Section 28(va), Judges, Navin Sinha, R.F. Nariman

Supreme Court Clarifies Taxability of Non-Compete Fees: Shiv Raj Gupta vs. Commissioner of Income-Tax (2020) LEGAL ISSUE: Whether a non-compete fee received by a former managing director is taxable as business income or a capital receipt. CASE TYPE: Income Tax Case Name: Shiv Raj Gupta vs. Commissioner of Income-Tax, Delhi-IV Judgment Date: 22nd July, 2020

Supreme Court Clarifies Taxability of Non-Compete Fees: Shiv Raj Gupta vs. Commissioner of Income-Tax (2020) Read Post »

Supreme Court quashes interim fee order for engineering colleges: Rajeev Gandhi Memorial College vs. State of Andhra Pradesh (2020)

/ Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983, Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 with Rule 4, B.R. Gavai, Fee Regulation, Judges, Navin Sinha, Rohinton Fali Nariman

Supreme Court quashes interim fee order for engineering colleges: Rajeev Gandhi Memorial College vs. State of Andhra Pradesh (2020) LEGAL ISSUE: Whether the State Government can fix interim fees for unaided educational institutions without following the procedure established under the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 and

Supreme Court quashes interim fee order for engineering colleges: Rajeev Gandhi Memorial College vs. State of Andhra Pradesh (2020) Read Post »

Supreme Court Upholds Tenant’s Rights: Mohd. Inam vs. Sanjay Kumar Singhal & Ors. (2020) INSC 343

/ B.R. Gavai, Constitutional Law, Constitutional Law with Article 227, Deemed Vacancy, Judges, Navin Sinha, U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 with Section 16(1)(b), U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 with Section 18

Supreme Court Upholds Tenant’s Rights: Mohd. Inam vs. Sanjay Kumar Singhal & Ors. (2020) INSC 343 LEGAL ISSUE: Whether a tenant can be evicted for residing with family members, and the validity of challenging a vacancy order alongside the final allotment order. CASE TYPE: Rent Control Law Case Name: Mohd. Inam vs. Sanjay Kumar Singhal

Supreme Court Upholds Tenant’s Rights: Mohd. Inam vs. Sanjay Kumar Singhal & Ors. (2020) INSC 343 Read Post »

Supreme Court Enhances Compensation in Motor Accident Claims, Rejects Contributory Negligence: Rajendra Singh vs. National Insurance Company (2020)

/ B.R. Gavai, Judges, Motor Accident Compensation, Motor Vehicles Act, 1988, Navin Sinha, Principles of Contributory Negligence

Supreme Court Enhances Compensation in Motor Accident Claims, Rejects Contributory Negligence: Rajendra Singh vs. National Insurance Company (2020) Date of the Judgment: June 18, 2020 Citation: Rajendra Singh & Ors. vs. National Insurance Company Limited & Ors., Civil Appeal No(s). 2624 of 2020 (arising out of SLP (Civil) No(s). 13964 of 2018) with Civil Appeal

Supreme Court Enhances Compensation in Motor Accident Claims, Rejects Contributory Negligence: Rajendra Singh vs. National Insurance Company (2020) Read Post »

Supreme Court Enhances Compensation for Housewife in Motor Accident Case: Savitha vs. Chodamandalam M.S. General Insurance Co. Ltd. (2020)

/ B.R. Gavai, Compensation, Disability Assessment, Judges, Loss of Future Earnings, Motor Vehicles Act, Navin Sinha, R.F. Nariman

Supreme Court Enhances Compensation for Housewife in Motor Accident Case: Savitha vs. Chodamandalam M.S. General Insurance Co. Ltd. (2020) LEGAL ISSUE: Assessment of compensation in motor accident cases, particularly concerning housewives and calculation of disability. CASE TYPE: Motor Accident Compensation Case Name: Savitha vs. M/s. Chodamandalam M.S. General Insurance Co. Ltd. and Others Judgment Date:

Supreme Court Enhances Compensation for Housewife in Motor Accident Case: Savitha vs. Chodamandalam M.S. General Insurance Co. Ltd. (2020) Read Post »

Supreme Court Enhances Compensation for Amputated Painter in Motor Accident Case

/ B.R. Gavai, Compensation for Permanent Disability, Functional Disability Assessment, Judges, Loss of Future Earnings, Motor Accident Law, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 166, Navin Sinha, R.F. Nariman

Supreme Court Enhances Compensation for Amputated Painter in Motor Accident Case LEGAL ISSUE: Assessment of compensation in cases of permanent disability resulting from motor accidents. CASE TYPE: Motor Accident Compensation Case Name: Sri Anthony alias Anthony Swamy v. The Managing Director, K.S.R.T.C. Judgment Date: 10 June 2020 Date of the Judgment: 10 June 2020 Citation:

Supreme Court Enhances Compensation for Amputated Painter in Motor Accident Case Read Post »

Supreme Court Clarifies No-Fault Liability under Section 163A of the Motor Vehicles Act: Chandrakantha Tiwari vs. New India Assurance Company Ltd. (2020)

/ B.R. Gavai, Judges, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 163A, Navin Sinha, No Fault Liability, R. F. Nariman

Supreme Court Clarifies No-Fault Liability under Section 163A of the Motor Vehicles Act: Chandrakantha Tiwari vs. New India Assurance Company Ltd. (2020) LEGAL ISSUE: Scope of “no-fault” liability under Section 163A of the Motor Vehicles Act, 1988. CASE TYPE: Motor Accident Claim Case Name: Chandrakantha Tiwari vs. New India Assurance Company Ltd. & Anr. Judgment

Supreme Court Clarifies No-Fault Liability under Section 163A of the Motor Vehicles Act: Chandrakantha Tiwari vs. New India Assurance Company Ltd. (2020) Read Post »

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