B.V. Nagarathna

Supreme Court Quashes Madras High Court Order on Land Grabbing Cases Transfer: Registrar General, High Court of Judicature at Madras vs. The State (2022) INSC 157 (23 February 2022)

/ B.V. Nagarathna, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 482, Inherent Powers of the High Court, Judges, M.R. Shah

Supreme Court Quashes Madras High Court Order on Land Grabbing Cases Transfer LEGAL ISSUE: Whether the High Court can transfer cases from Special Courts to jurisdictional courts in a disposed matter based on a special mentioning. CASE TYPE: Criminal Appeals Case Name: Registrar General, High Court of Judicature at Madras vs. The State, represented by […]

Supreme Court Quashes Madras High Court Order on Land Grabbing Cases Transfer: Registrar General, High Court of Judicature at Madras vs. The State (2022) INSC 157 (23 February 2022) Read Post »

Supreme Court Upholds Tax Liability of Financiers in Possession of Vehicles: Mahindra and Mahindra Financial Services Ltd. vs. State of U.P. (22 February 2022)

/ B.V. Nagarathna, Judges, M.R. Shah, Motor Vehicle Taxation, Motor Vehicle Taxation with Section 4, Motor Vehicle Taxation with Section 9, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 2(30), Motor Vehicles Act, 1988 with Section 51, U.P. Motor Vehicles Taxation Act, 1997

Supreme Court Upholds Tax Liability of Financiers in Possession of Vehicles LEGAL ISSUE: Whether a financier is liable to pay motor vehicle tax after taking possession of a vehicle due to loan default. CASE TYPE: Motor Vehicle Taxation Case Name: Mahindra and Mahindra Financial Services Ltd. vs. State of U.P. and Ors. [Judgment Date]: 22

Supreme Court Upholds Tax Liability of Financiers in Possession of Vehicles: Mahindra and Mahindra Financial Services Ltd. vs. State of U.P. (22 February 2022) Read Post »

Supreme Court Upholds Auction Sale of Temple Land After 23 Years: K. Kumara Gupta vs. Sri Markendaya and Sri Omkareswara Swamy Temple (2022)

/ B.V. Nagarathna, Endowments Act, 1987, Endowments Act, 1987 with Section 93, Indian Contract Act, Indian Contract Act with Tender-cum-auction, Judges, M.R. Shah, Management of Religious Institutions, Sale of Temple Properties, Sanctity of Contracts

Supreme Court Upholds Auction Sale of Temple Land After 23 Years: K. Kumara Gupta vs. Sri Markendaya and Sri Omkareswara Swamy Temple (2022) LEGAL ISSUE: Whether an auction sale conducted by a religious institution can be set aside after 23 years based on subsequent higher offers from non-participants. CASE TYPE: Civil Appellate Jurisdiction. Case Name:

Supreme Court Upholds Auction Sale of Temple Land After 23 Years: K. Kumara Gupta vs. Sri Markendaya and Sri Omkareswara Swamy Temple (2022) Read Post »

Supreme Court expunges High Court’s observations on tender discrimination: Union of India vs. Bharat Fritz Werner Limited (2022)

/ B.V. Nagarathna, Civil Law, Constitutional Law, Judges, Judicial Restraint, Judicial Review, M.R. Shah, Tender

Supreme Court expunges High Court’s observations on tender discrimination: Union of India vs. Bharat Fritz Werner Limited (2022) LEGAL ISSUE: Whether the High Court can make general observations about discrimination in tender processes without deciding the case on merits. CASE TYPE: Civil Appellate Jurisdiction Case Name: Union of India vs. Bharat Fritz Werner Limited &

Supreme Court expunges High Court’s observations on tender discrimination: Union of India vs. Bharat Fritz Werner Limited (2022) Read Post »

Supreme Court Upholds Auction Sale: Deenadayal Nagari Sahakari Bank Ltd. vs. Munjaji (2022)

/ Auction Law, Auction Sale, B.V. Nagarathna, Judges, M.R. Shah, Maharashtra Co-operative Societies Act, 1960, Maharashtra Co-operative Societies Act, 1960 with Section 101, Maharashtra Co-operative Societies Rules, 1961 with Rule 107, Recovery of Debt

Supreme Court Upholds Auction Sale: Deenadayal Nagari Sahakari Bank Ltd. vs. Munjaji (2022) LEGAL ISSUE: Whether the High Court was right in setting aside an auction sale due to alleged procedural irregularities under the Maharashtra Co-operative Societies Rules, 1961. CASE TYPE: Recovery of Debt/Cooperative Law Case Name: Deenadayal Nagari Sahakari Bank Ltd. & Another vs.

Supreme Court Upholds Auction Sale: Deenadayal Nagari Sahakari Bank Ltd. vs. Munjaji (2022) Read Post »

Supreme Court clarifies land acquisition after reservation lapse: Kolhapur Municipal Corporation vs. Vasant Mahadev Patil (2022)

/ Acquisition of Land, B.V. Nagarathna, Development Plan, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 4, Land Acquisition Act, 1894 with Section 6, M.R. Shah, Maharashtra Regional and Town Planning Act, 1966, Maharashtra Regional and Town Planning Act, 1966 with Section 126, Maharashtra Regional and Town Planning Act, 1966 with Section 127

Supreme Court on Lapsed Land Reservations: Kolhapur Municipal Corporation vs. Vasant Mahadev Patil LEGAL ISSUE: Can a Municipal Corporation be compelled to acquire land after the reservation for public use has lapsed under the Maharashtra Regional and Town Planning Act, 1966? CASE TYPE: Land Acquisition, Town Planning Case Name: The Kolhapur Municipal Corporation & Ors.

Supreme Court clarifies land acquisition after reservation lapse: Kolhapur Municipal Corporation vs. Vasant Mahadev Patil (2022) Read Post »

Supreme Court quashes High Court order directing land acquisition: Kolhapur Municipal Corporation vs. Vasant Mahadev Patil (2022)

/ B.V. Nagarathna, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 4, Land Acquisition Act, 1894 with Section 6, M.R. Shah, Maharashtra Regional and Town Planning Act, 1966, Maharashtra Regional and Town Planning Act, 1966 with Section 126, Maharashtra Regional and Town Planning Act, 1966 with Section 127, Maharashtra Regional and Town Planning Act, 1966 with Section 22

Supreme Court quashes High Court order directing land acquisition: Kolhapur Municipal Corporation vs. Vasant Mahadev Patil (2022) LEGAL ISSUE: Whether a High Court can mandate a municipal corporation to acquire land and pay compensation when the land reservation has lapsed and is unsuitable for its intended purpose. CASE TYPE: Land Acquisition and Town Planning. Case

Supreme Court quashes High Court order directing land acquisition: Kolhapur Municipal Corporation vs. Vasant Mahadev Patil (2022) Read Post »

Supreme Court on Lapsed Land Reservations: Kolhapur Municipal Corporation vs. Vasant Mahadev Patil (2022)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 226, Judges, Land Acquisition, M.R. Shah, Maharashtra Regional and Town Planning Act, 1966, Maharashtra Regional and Town Planning Act, 1966 with Section 127, Maharashtra Regional and Town Planning Act, 1966 with Section 22

Supreme Court on Lapsed Land Reservations: Kolhapur Municipal Corporation vs. Vasant Mahadev Patil (2022) LEGAL ISSUE: Whether a High Court can mandate a municipal corporation to acquire land and pay compensation when the land reservation has lapsed and the land is unsuitable for the designated public purpose. CASE TYPE: Land Acquisition and Town Planning Case

Supreme Court on Lapsed Land Reservations: Kolhapur Municipal Corporation vs. Vasant Mahadev Patil (2022) Read Post »

Supreme Court modifies punishment of removal to compulsory retirement in bank employee case: Umesh Kumar Pahwa vs. Uttarakhand Gramin Bank (2022)

/ B.V. Nagarathna, Compulsory Retirement, Constitutional Law, Constitutional Law with Article 226, Disciplinary Proceedings, Judges, M.R. Shah, Proportionality of Punishment, Service Law

Supreme Court modifies punishment of removal to compulsory retirement in bank employee case: Umesh Kumar Pahwa vs. Uttarakhand Gramin Bank (2022) LEGAL ISSUE: Whether the punishment of removal from service was disproportionate to the charges proved against the employee. CASE TYPE: Service Law Case Name: Umesh Kumar Pahwa vs. The Board of Directors Uttarakhand Gramin

Supreme Court modifies punishment of removal to compulsory retirement in bank employee case: Umesh Kumar Pahwa vs. Uttarakhand Gramin Bank (2022) Read Post »

Supreme Court orders joint hearing of land acquisition appeals: M.P. Housing Board vs. Satish Kumar Batra (2022)

/ B.V. Nagarathna, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 4, Land Acquisition Act, 1894 with Section 5-A, Land Acquisition Act, 1894 with Section 6, M.R. Shah

Supreme Court orders joint hearing of land acquisition appeals: M.P. Housing Board vs. Satish Kumar Batra (2022) Date of the Judgment: February 10, 2022 Judges: M.R. Shah, J. and B.V. Nagarathna, J. Can a High Court decide a case related to land acquisition when a related case concerning the same land is already pending before

Supreme Court orders joint hearing of land acquisition appeals: M.P. Housing Board vs. Satish Kumar Batra (2022) Read Post »

Supreme Court Reduces Sentence in POCSO Case: Nawabuddin vs. State of Uttarakhand (2022)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 15, Constitutional Law with Article 39, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 376(2)(i), Judges, M.R. Shah, POCSO Act, 2012, POCSO Act, 2012 with Section 3(b), POCSO Act, 2012 with Section 5(m), POCSO Act, 2012 with Section 6

Supreme Court Reduces Sentence in POCSO Case: Nawabuddin vs. State of Uttarakhand (2022) LEGAL ISSUE: Interpretation of “Penetrative Sexual Assault” under the POCSO Act and its application in cases involving digital penetration. CASE TYPE: Criminal Law, Child Sexual Abuse, POCSO Act Case Name: Nawabuddin vs. State of Uttarakhand Judgment Date: 08 February 2022 Date of

Supreme Court Reduces Sentence in POCSO Case: Nawabuddin vs. State of Uttarakhand (2022) Read Post »

Supreme Court Upholds Murder Conviction in “Phakadiyat” Attack Case: State of Uttarakhand vs. Sachendra Singh Rawat (2022)

/ B.V. Nagarathna, Criminal Law, Culpable Homicide, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 300, Indian Penal Code, 1860 with Section 302, Judges, M.R. Shah, Murder, Offences Against Human Body

Supreme Court Upholds Murder Conviction in “Phakadiyat” Attack Case: State of Uttarakhand vs. Sachendra Singh Rawat (2022) LEGAL ISSUE: Whether the High Court was correct in altering the conviction of murder to culpable homicide not amounting to murder based on the exception of sudden fight. CASE TYPE: Criminal Law – Murder Case Name: State of

Supreme Court Upholds Murder Conviction in “Phakadiyat” Attack Case: State of Uttarakhand vs. Sachendra Singh Rawat (2022) Read Post »

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