Supreme Court Refuses Transfer of Case, Emphasizes Fair Prosecution: Sunil Saini & Ors. vs. State of Haryana & Ors. (2023) LEGAL ISSUE: Whether a criminal case should be transferred to another state due to allegations of witness intimidation and an unfair prosecution. CASE TYPE: Criminal Case Name: Sunil Saini & Ors. vs. State of Haryana […]
Supreme Court Denies Family Pension to Child Adopted After Government Servant’s Death Date of the Judgment: 17 January 2023 Citation: (2023) INSC 46 Judges: K.M. Joseph J., B.V. Nagarathna J. Can a child adopted by the widow of a government servant after the government servant’s death be considered part of the “family” for the purpose
Supreme Court clarifies family pension eligibility for adopted children of deceased government servants Date of the Judgment: 17 January 2023 Citation: (2023) INSC 492 Judges: K.M. Joseph J. and B.V. Nagarathna J. Can a child adopted by the widow of a government servant after the government servant’s death be eligible for family pension? The Supreme
Supreme Court rules on Sikkimese definition for Income Tax Exemption Date of the Judgment: January 13, 2023 Citation: (2023) INSC 29 Judges: M.R. Shah, J. and B.V. Nagarathna, J. (Separate concurring opinion by Nagarathna J.) Can the definition of “Sikkimese” for income tax exemptions exclude long-term Indian settlers? The Supreme Court of India addressed this
Supreme Court Strikes Down Discriminatory Definition of “Sikkimese” in Income Tax Act LEGAL ISSUE: Whether the definition of “Sikkimese” under Section 10(26AAA) of the Income Tax Act, 1961, is discriminatory against long-term Indian settlers and Sikkimese women. CASE TYPE: Tax Law, Constitutional Law Case Name: Association of Old Settlers of Sikkim & Ors. vs. Union
Supreme Court Overturns High Court in Specific Performance Case: C. Haridasan vs. Anappath Parakkattu Vasudeva Kurup (2023) LEGAL ISSUE: Whether a court should grant specific performance of a contract for the sale of land where the buyer has not paid the full consideration or taken steps to fulfill their obligations under the contract. CASE TYPE:
Supreme Court Upholds Specific Performance Decree, Orders Additional Payment: C. Haridasan vs. Anappath Parakkattu Vasudeva Kurup (2023) LEGAL ISSUE: Whether a decree for specific performance of a contract for sale of land can be granted, and what considerations should guide the court’s discretion, especially when the market value of the property has increased. CASE TYPE:
Supreme Court Allows Benefit of Sabka Vishwas Scheme Despite Moratorium: Shekhar Resorts vs. Union of India (2023) LEGAL ISSUE: Whether a company facing a moratorium under the Insolvency and Bankruptcy Code (IBC) can be denied the benefits of the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019, if it could not make payments within the scheme’s
Supreme Court Allows Settlement Under Sabka Vishwas Scheme Despite IBC Moratorium Date of the Judgment: 5 January 2023 Citation: (2023) INSC 15 Judges: M.R. Shah, J. and B.V. Nagarathna, J. Can a company be denied the benefits of the “Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019” if it could not make payments due to a
Supreme Court Clarifies Pre-Deposit Requirements under SARFAESI Act LEGAL ISSUE: Interpretation of Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) regarding pre-deposit requirements for appeals. CASE TYPE: Securitisation and Debt Recovery Case Name: M/s Sidha Neelkanth Paper Industries Private Limited & Another vs. Prudent
Supreme Court Clarifies Pre-Deposit Requirements Under SARFAESI Act: Sidha Neelkanth Paper Industries vs. Prudent ARC Limited (2023) LEGAL ISSUE: Interpretation of Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) regarding pre-deposit requirements for appeals. CASE TYPE: Securitisation and Debt Recovery Case Name: M/s Sidha
Supreme Court Restores Specific Performance Decree in Land Sale Dispute Date of the Judgment: 05 January 2023 Citation: (2023) INSC 17 Judges: M. R. Shah, J. and B.V. Nagarathna, J. Can a High Court overturn a Trial Court’s decision on the readiness and willingness of a buyer to purchase a property, especially when the buyer
