Bela M. Trivedi

Supreme Court Addresses Validity of Category Certificates for Civil Judge Posts: Sakshi Arha vs. Rajasthan High Court (2023) INSC 559 (18 May 2023)

/ Ajay Rastogi, Bela M. Trivedi, Constitutional Law, Constitutional Law with Article 15(6), Constitutional Law with Article 16(6), Judges, Rajasthan Judicial Service Rules, 2010, Rajasthan Judicial Service Rules, 2010 with Rule 10, Rajasthan Judicial Service Rules, 2010 with Rule 20

Supreme Court Addresses Validity of Category Certificates for Civil Judge Posts LEGAL ISSUE: The core legal issue revolves around the validity of category certificates (OBC-NCL, MBC-NCL, EWS) submitted by candidates for the Civil Judge post in Rajasthan, specifically whether these certificates must be valid as of the last date of application or a later date. […]

Supreme Court Addresses Validity of Category Certificates for Civil Judge Posts: Sakshi Arha vs. Rajasthan High Court (2023) INSC 559 (18 May 2023) Read Post »

Supreme Court Quashes Criminal Proceedings in ISKCON Bus Theft Case: Chanchalpati Das vs. State of West Bengal (2023) INSC 554

/ Ajay Rastogi, Bela M. Trivedi, Code of Criminal Procedure, Code of Criminal Procedure with Section 156(3), Code of Criminal Procedure with Section 482, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120-B, Judges, Offences Against Property, Offences Related to Documents

Supreme Court Quashes Criminal Proceedings in ISKCON Bus Theft Case Date of the Judgment: 18 May 2023 Citation: (2023) INSC 554 Judges: Justice Ajay Rastogi and Justice Bela M. Trivedi Can a criminal case be sustained when there is an unexplained delay of eight years in filing the complaint? The Supreme Court recently addressed this

Supreme Court Quashes Criminal Proceedings in ISKCON Bus Theft Case: Chanchalpati Das vs. State of West Bengal (2023) INSC 554 Read Post »

Supreme Court Upholds Insurance Claim: National Insurance Co. Ltd. vs. Vedic Resorts (2023)

/ Ajay Rastogi, Bela M. Trivedi, Consumer Law, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 23, Exclusion Clauses, Insurance Claims, Insurance Law, Judges, Malicious Act

Supreme Court Upholds Insurance Claim: National Insurance Co. Ltd. vs. Vedic Resorts (2023) LEGAL ISSUE: Whether damage caused by a mob to insured property, after the mob chased individuals who had taken shelter in the property, constitutes a malicious act by the property owner, thereby excluding the claim under an insurance policy. CASE TYPE: Consumer

Supreme Court Upholds Insurance Claim: National Insurance Co. Ltd. vs. Vedic Resorts (2023) Read Post »

Supreme Court Upholds Election: Failure to Disclose Spouse’s Foreign Income Not Material Defect in Election Law (04 May 2023)

/ Ajay Rastogi, Bela M. Trivedi, Constitutional Law, Constitutional Law with Article 324, Judges, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 33, Section 100, Representation of the People Act, 1951, Section 83, Representation of the People Act, 1951

Supreme Court Upholds Election: Failure to Disclose Spouse’s Foreign Income Not Material Defect Date of the Judgment: 04 May 2023 Citation: 2023 INSC 419 Judges: Justice Ajay Rastogi and Justice Bela M. Trivedi Can an election be invalidated because a candidate did not disclose their spouse’s foreign income tax details? The Supreme Court of India

Supreme Court Upholds Election: Failure to Disclose Spouse’s Foreign Income Not Material Defect in Election Law (04 May 2023) Read Post »

Supreme Court Upholds Election: Kanimozhi Karunanidhi’s Election Not Voided (2023)

/ Ajay Rastogi, Bela M. Trivedi, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VII Rule 11, Constitutional Law, Constitutional Law with Article 324, Election Petition, Judges, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 100, Representation of the People Act, 1951 with Section 83

Supreme Court Upholds Election: Kanimozhi Karunanidhi’s Election Not Voided (2023) LEGAL ISSUE: Whether an election can be declared void due to alleged non-disclosure of a spouse’s income tax details in the candidate’s affidavit. CASE TYPE: Election Law Case Name: Kanimozhi Karunanidhi vs. A. Santhana Kumar & Ors. [Judgment Date]: 04 May 2023 Date of the

Supreme Court Upholds Election: Kanimozhi Karunanidhi’s Election Not Voided (2023) Read Post »

Supreme Court Upholds Re-Auction of Sick Company Assets: Rajiv Kumar Jindal vs. BCI Staff Colony (2023)

/ Ajay Rastogi, Asset Sale, Bela M. Trivedi, Company Law, Judges, Official Liquidator, Sick Industrial Companies (Special Provisions) Act, 1985, Sick Industrial Companies (Special Provisions) Act, 1985 with Section 18(2)(k), Sick Industrial Companies (Special Provisions) Act, 1985 with Section 20(4), Sick Industrial Companies (Special Provisions) Act, 1985 with Section 21(c)

Supreme Court Upholds Re-Auction of Sick Company Assets: Rajiv Kumar Jindal vs. BCI Staff Colony (2023) LEGAL ISSUE: Whether the auction of assets of a sick company was valid when the Operating Agency failed to follow mandatory procedures. CASE TYPE: Insolvency/Company Law. Case Name: Rajiv Kumar Jindal and Others vs. BCI Staff Colony Residential Welfare

Supreme Court Upholds Re-Auction of Sick Company Assets: Rajiv Kumar Jindal vs. BCI Staff Colony (2023) Read Post »

Supreme Court Sets Aside Auction of Sick Company’s Assets Due to Procedural Flaws: Rajiv Kumar Jindal vs. BCI Staff Colony (27 April 2023)

/ Ajay Rastogi, Auction Law, Bela M. Trivedi, Judges, Public Auction, Sick Industrial Companies Act, 1985, Sick Industrial Companies Act, 1985 with Section 18(2)(k), Sick Industrial Companies Act, 1985 with Section 20(4), Sick Industrial Companies Act, 1985 with Section 21(c)

Supreme Court Sets Aside Auction of Sick Company’s Assets Due to Procedural Flaws: Rajiv Kumar Jindal vs. BCI Staff Colony (2023) LEGAL ISSUE: Whether the auction of a sick company’s assets was valid when the Operating Agency failed to follow mandatory procedures. CASE TYPE: Insolvency and Corporate Law Case Name: Rajiv Kumar Jindal and Others

Supreme Court Sets Aside Auction of Sick Company’s Assets Due to Procedural Flaws: Rajiv Kumar Jindal vs. BCI Staff Colony (27 April 2023) Read Post »

Supreme Court Upholds Money Laundering Charges: Anoop Bartaria vs. Enforcement Directorate (21 April 2023)

/ Ajay Rastogi, Bela M. Trivedi, Cognizable Offence, Criminal Law, Judges, Money Laundering, Prevention of Money Laundering Act, 2002, Prevention of Money Laundering Act, 2002 with Section 3, Prevention of Money Laundering Act, 2002 with Section 45, Proceeds of Crime

Supreme Court Upholds Money Laundering Charges: Anoop Bartaria vs. Enforcement Directorate (2023) LEGAL ISSUE: Whether the offense of money laundering under the Prevention of Money Laundering Act, 2002 requires proof of knowledge of dealing with proceeds of crime. CASE TYPE: Criminal Law, Money Laundering. Case Name: Anoop Bartaria & Etc. vs. Dy. Director Enforcement Directorate

Supreme Court Upholds Money Laundering Charges: Anoop Bartaria vs. Enforcement Directorate (21 April 2023) Read Post »

Supreme Court overturns High Court order on land lease: Gwalior Development Authority vs. Bhanu Pratap Singh (2023)

/ Ajay Rastogi, Bela M. Trivedi, Constitutional Law, Constitutional Law with Article 226, Judges, Registration Act, 1908, Registration Act, 1908 with Section 17

Supreme Court overturns High Court order on land lease: Gwalior Development Authority vs. Bhanu Pratap Singh (2023) LEGAL ISSUE: Whether a High Court can direct the execution of a lease deed for additional land, after a prior lease deed for a portion of the land was executed without any demur, in a commercial transaction. CASE

Supreme Court overturns High Court order on land lease: Gwalior Development Authority vs. Bhanu Pratap Singh (2023) Read Post »

Supreme Court overturns High Court order on land lease: Gwalior Development Authority vs. Bhanu Pratap Singh (2023)

/ Ajay Rastogi, Bela M. Trivedi, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 226, Judges, Registration Act, 1908, Registration Act, 1908 with Section 17

Supreme Court overturns High Court order on land lease: Gwalior Development Authority vs. Bhanu Pratap Singh (2023) LEGAL ISSUE: Whether a High Court can direct the execution of a lease deed for additional land without consideration, after a lease deed for a portion of the land has been executed without protest by both parties. CASE

Supreme Court overturns High Court order on land lease: Gwalior Development Authority vs. Bhanu Pratap Singh (2023) Read Post »

Supreme Court clarifies the effect of partition on pre-emption rights: Jhabbar Singh vs. Jagtar Singh (2023)

/ Ajay Rastogi, Bela M. Trivedi, Judges, Punjab Land Revenue Act, 1887, Punjab Land Revenue Act, 1887 with Section 118, Punjab Land Revenue Act, 1887 with Section 121, Punjab Pre-emption Act, 1913, Punjab Pre-emption Act, 1913 with Section 15, Punjab Pre-emption Act, 1913 with Section 4

Supreme Court clarifies the effect of partition on pre-emption rights: Jhabbar Singh vs. Jagtar Singh (2023) LEGAL ISSUE: Whether a co-sharer’s right to pre-emption is extinguished if the joint status of the land is severed through partition proceedings before the final decree in the pre-emption suit. CASE TYPE: Civil Law – Pre-emption Rights Case Name:

Supreme Court clarifies the effect of partition on pre-emption rights: Jhabbar Singh vs. Jagtar Singh (2023) Read Post »

Supreme Court Upholds State’s Power to Abolish Temporary Posts: Tamil Nadu Makkal Nala Paniyalargal Case (2023)

/ Abolition of Posts, Ajay Rastogi, Bela M. Trivedi, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 47, Fundamental Rights, Judges, Mahatma Gandhi National Rural Employment Guarantee Act, 2005, MGNREGA with Section 2(n), MGNREGA with Section 3, MGNREGA with Section 4, Regularisation of Services, Service Law

Supreme Court Upholds State’s Power to Abolish Temporary Posts: Tamil Nadu Makkal Nala Paniyalargal Case (2023) LEGAL ISSUE: Whether the State Government can abolish temporary posts created under a specific scheme and discontinue the services of those employed under the scheme. CASE TYPE: Service Law Case Name: The Government of Tamil Nadu and Anr. Etc.

Supreme Court Upholds State’s Power to Abolish Temporary Posts: Tamil Nadu Makkal Nala Paniyalargal Case (2023) Read Post »

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