B.V. Nagarathna

Supreme Court enhances compensation for land acquisition in Maharashtra Industrial Development Corporation case (19 April 2022)

/ B.V. Nagarathna, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 18, M.R. Shah, Maharashtra Industrial Development Act, 1961, Maharashtra Industrial Development Act, 1961 with Section 32(2), Maharashtra Industrial Development Act, 1961 with Section 34

Supreme Court enhances compensation for land acquisition in Maharashtra Industrial Development Corporation case Date of the Judgment: 19 April 2022 Citation: [Not Available in the provided text] Judges: M.R. Shah, J. and B.V. Nagarathna, J. When land is acquired for industrial development, how should the compensation be calculated? The Supreme Court of India recently addressed […]

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Supreme Court Partially Allows Appeal on Interim Rent Deposit: Evergreen Land Mark Pvt. Ltd. vs. John Tinson & Company Pvt. Ltd. (2022)

/ Arbitration and Conciliation Act, 1996 with Section 17, Arbitration Law, B.V. Nagarathna, Code of Civil Procedure, Code of Civil Procedure with Order XXXIX, Code of Civil Procedure with Order XXXVIII Rule 5, Interim Measures, Judges, M.R. Shah

Supreme Court Partially Allows Appeal on Interim Rent Deposit: Evergreen Land Mark Pvt. Ltd. vs. John Tinson & Company Pvt. Ltd. (2022) LEGAL ISSUE: Whether an arbitral tribunal can order a lessee to deposit the full rental amount as an interim measure under Section 17 of the Arbitration and Conciliation Act, 1996, when the lessee

Supreme Court Partially Allows Appeal on Interim Rent Deposit: Evergreen Land Mark Pvt. Ltd. vs. John Tinson & Company Pvt. Ltd. (2022) Read Post »

Supreme Court settles the issue of waiting lists in teacher recruitment: Vallampati Sathish Babu vs. State of Andhra Pradesh (2022)

/ Andhra Pradesh Panchayat Raj Act, Andhra Pradesh Panchayat Raj Act with Section 169, Andhra Pradesh Panchayat Raj Act with Section 195, Andhra Pradesh Panchayat Raj Act with Section 243, B.V. Nagarathna, Judges, M.R. Shah, Service Law, Teacher Recruitment, Waiting List

Supreme Court Upholds No Waiting List Rule in Teacher Recruitment: Vallampati Sathish Babu vs. State of Andhra Pradesh (2022) LEGAL ISSUE: Whether a candidate can claim appointment to a post that remained unfilled due to a selected candidate not joining, when there is no provision for a waiting list. CASE TYPE: Service Law; Teacher Recruitment.

Supreme Court settles the issue of waiting lists in teacher recruitment: Vallampati Sathish Babu vs. State of Andhra Pradesh (2022) Read Post »

Supreme Court Upholds Rejection of Teachers with Specialized History Degrees: Indresh Kumar Mishra vs. State of Jharkhand (2022)

/ B.V. Nagarathna, Education Law, Education Law with Teacher Eligibility, Educational Qualifications, Judges, M.R. Shah, Service Law, Service Law with Educational Qualifications, Teacher Recruitment

Supreme Court Upholds Rejection of Teachers with Specialized History Degrees: Indresh Kumar Mishra vs. State of Jharkhand (2022) LEGAL ISSUE: Whether candidates holding postgraduate or graduate degrees in specialized branches of history (such as Ancient History or Medieval History) meet the eligibility criteria requiring a degree in “History” for teaching positions. CASE TYPE: Education/Service Law

Supreme Court Upholds Rejection of Teachers with Specialized History Degrees: Indresh Kumar Mishra vs. State of Jharkhand (2022) Read Post »

Supreme Court Allows Another Chance to Defend Suit After Ex-Parte Decree: Jersey Developers vs. Canara Bank (2022)

/ B.V. Nagarathna, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order IX, Ex-parte Decree, Judges, M.R. Shah, Service of summons

Supreme Court Allows Another Chance to Defend Suit After Ex-Parte Decree: Jersey Developers vs. Canara Bank (2022) LEGAL ISSUE: Whether an ex-parte decree should be set aside to allow the defendant another opportunity to defend the suit. CASE TYPE: Civil Case Name: M/s Jersey Developers (P) Limited & Ors. vs. Canara Bank Judgment Date: 13

Supreme Court Allows Another Chance to Defend Suit After Ex-Parte Decree: Jersey Developers vs. Canara Bank (2022) Read Post »

Supreme Court Upholds Specific Performance of Agreement to Sell: P. Ramasubbamma vs. V. Vijayalakshmi & Ors. (2022)

/ Agreement to Sell, B.V. Nagarathna, Judges, M.R. Shah, Specific Performance of Contract, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 20

Supreme Court Upholds Specific Performance of Agreement to Sell: P. Ramasubbamma vs. V. Vijayalakshmi & Ors. (2022) LEGAL ISSUE: Whether a decree for specific performance of an agreement to sell can be granted when a subsequent sale deed has been executed, and whether it is necessary to seek cancellation of the subsequent sale deed in

Supreme Court Upholds Specific Performance of Agreement to Sell: P. Ramasubbamma vs. V. Vijayalakshmi & Ors. (2022) Read Post »

Supreme Court Upholds Sentence for Attempt to Murder, Criticizes High Court’s Lenient Approach: State of Rajasthan vs. Banwari Lal (2022)

/ B.V. Nagarathna, Criminal Law, Criminal Sentencing, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 307, Indian Penal Code, 1860 with Section 324, Judges, Judicial Review, M.R. Shah, Offences Against Human Body

Supreme Court Upholds Sentence for Attempt to Murder, Criticizes High Court’s Lenient Approach: State of Rajasthan vs. Banwari Lal (2022) LEGAL ISSUE: The appropriate sentencing for the offense of attempt to murder under Section 307 of the Indian Penal Code, 1860 (IPC), and the extent to which appellate courts can interfere with the trial court’s

Supreme Court Upholds Sentence for Attempt to Murder, Criticizes High Court’s Lenient Approach: State of Rajasthan vs. Banwari Lal (2022) Read Post »

Supreme Court Remands Tax Appeal for Reasoned Decision: Principal Commissioner of Income Tax vs. Bajaj Herbals (2022)

/ B.V. Nagarathna, Income Tax Law, Income Tax Law with Reasoned Judgments, Judges, M.R. Shah, Tax Appeals

Supreme Court Remands Tax Appeal for Reasoned Decision: Principal Commissioner of Income Tax vs. Bajaj Herbals (2022) LEGAL ISSUE: Whether a High Court can dismiss a tax appeal without providing a reasoned order. CASE TYPE: Income Tax Appeal. Case Name: The Principal Commissioner of Income Tax-1 vs. M/s. Bajaj Herbals Pvt. Ltd. Judgment Date: April

Supreme Court Remands Tax Appeal for Reasoned Decision: Principal Commissioner of Income Tax vs. Bajaj Herbals (2022) Read Post »

Supreme Court Modifies Land Compensation: Union of India vs. Premlata (2022)

/ B.V. Nagarathna, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 18, Land Acquisition Act, 1894 with Section 4, M.R. Shah

Supreme Court Modifies Land Compensation: Union of India vs. Premlata (2022) LEGAL ISSUE: Determination of fair compensation for land acquisition, specifically regarding the deduction for development charges. CASE TYPE: Land Acquisition Case Name: Union of India vs. Premlata and Others Judgment Date: 06 April 2022 Date of the Judgment: 06 April 2022 Citation: (2022) INSC

Supreme Court Modifies Land Compensation: Union of India vs. Premlata (2022) Read Post »

Supreme Court Upholds Stepping Up of Pay for Seniors: Union of India vs. C.R. Madhava Murthy (2022)

/ Assured Career Progression Scheme, B.V. Nagarathna, Fundamental Rules, Fundamental Rules with Rule 22, Judges, M.R. Shah, Pay Anomaly, Service Law, Service Law with FR 22

Supreme Court Upholds Stepping Up of Pay for Seniors: Union of India vs. C.R. Madhava Murthy (2022) LEGAL ISSUE: Whether senior employees are entitled to a stepping up of pay to match their juniors’ pay when the juniors receive higher pay due to an Assured Career Progression (ACP) Scheme upgradation, despite the seniors having already

Supreme Court Upholds Stepping Up of Pay for Seniors: Union of India vs. C.R. Madhava Murthy (2022) Read Post »

Supreme Court Upholds Back Wages for Employee Kept Out of Work Due to Stay Order: Salim Ali Centre for Ornithology & Natural History vs. Dr. Mathew K. Sebastian (2022) INSC 346 (04 April 2022)

/ B.V. Nagarathna, Back Wages, Judges, M.R. Shah, Reinstatement, Service Law, Stay Order

Supreme Court Upholds Back Wages for Employee Kept Out of Work Due to Stay Order Date of the Judgment: 04 April 2022 Citation: (2022) INSC 346 Judges: M.R. Shah, J. and B.V. Nagarathna, J. Can an employer avoid paying back wages to an employee who was reinstated by court order but kept out of work

Supreme Court Upholds Back Wages for Employee Kept Out of Work Due to Stay Order: Salim Ali Centre for Ornithology & Natural History vs. Dr. Mathew K. Sebastian (2022) INSC 346 (04 April 2022) Read Post »

Supreme Court Convicts Accused Under Section 304 Part I IPC in Rioting Case: State of Uttar Pradesh vs. Subhash @ Pappu (2022)

/ B.V. Nagarathna, Code of Criminal Procedure, Code of Criminal Procedure with Section 464, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 148, Indian Penal Code, 1860 with Section 304, Judges, M.R. Shah, Offences Against Human Body

Supreme Court Convicts Accused Under Section 304 Part I IPC in Rioting Case: State of Uttar Pradesh vs. Subhash @ Pappu (2022) Date of the Judgment: 01 April 2022 Citation: 2022 INSC 325 Judges: Justice M.R. Shah and Justice B.V. Nagarathna Can a person be convicted for murder when they did not inflict the fatal

Supreme Court Convicts Accused Under Section 304 Part I IPC in Rioting Case: State of Uttar Pradesh vs. Subhash @ Pappu (2022) Read Post »

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