Bela M. Trivedi

Supreme Court alters conviction from murder to culpable homicide not amounting to murder: Krishnamurthy vs. State (2022) INSC 711

/ Bela M. Trivedi, Dinesh Maheshwari, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 304, Judges, Offences Against Human Body

Supreme Court alters conviction from murder to culpable homicide not amounting to murder: Krishnamurthy vs. State (2022) INSC 711 LEGAL ISSUE: Whether the accused’s actions constitute murder or culpable homicide not amounting to murder. CASE TYPE: Criminal Law Case Name: Krishnamurthy vs. State [Judgment Date]: 01 September 2022 Date of the Judgment: 01 September 2022 […]

Supreme Court alters conviction from murder to culpable homicide not amounting to murder: Krishnamurthy vs. State (2022) INSC 711 Read Post »

Supreme Court Overturns Conviction in Murder Case Due to Unreliable Eyewitness Testimony: Dibakar Nunia vs. State of Assam (2022)

/ Bela M. Trivedi, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 313, Dinesh Maheshwari, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, Offences Against Human Body

Supreme Court Overturns Conviction in Murder Case Due to Unreliable Eyewitness Testimony: Dibakar Nunia vs. State of Assam (2022) LEGAL ISSUE: Whether the testimony of eyewitnesses, who acted unnaturally after witnessing a crime, can be considered reliable for conviction in a murder case. CASE TYPE: Criminal Case Name: Dibakar Nunia & Anr. vs. The State

Supreme Court Overturns Conviction in Murder Case Due to Unreliable Eyewitness Testimony: Dibakar Nunia vs. State of Assam (2022) Read Post »

Gratuity for Teachers: Supreme Court Upholds Retrospective Application of Payment of Gratuity Act in Private Schools (29 August 2022)

/ Bela M. Trivedi, Constitutional Law, Constitutional Law with Article 14, Fundamental Rights, Judges, Payment of Gratuity Act, 1972, Payment of Gratuity Act, 1972 with Section 13A, Payment of Gratuity Act, 1972 with Section 2(e), Sanjiv Khanna

Supreme Court Upholds Retrospective Gratuity for Teachers in Private Schools LEGAL ISSUE: Whether the retrospective amendment to the Payment of Gratuity Act, 1972, extending gratuity benefits to teachers in private educational institutions, is constitutionally valid. CASE TYPE: Labour Law/Service Law Case Name: Independent Schools’ Federation of India (Regd.) vs. Union of India and Another [Judgment

Gratuity for Teachers: Supreme Court Upholds Retrospective Application of Payment of Gratuity Act in Private Schools (29 August 2022) Read Post »

Supreme Court Overturns Conviction in Dowry Death Case Due to Inconsistencies in Dying Declaration: Sultan vs State of UP (03 August 2022)

/ Bela M. Trivedi, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 32, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, Sanjiv Khanna

Supreme Court Overturns Conviction in Dowry Death Case Due to Inconsistencies in Dying Declaration | Sultan vs State of UP (2022) LEGAL ISSUE: Admissibility and evidentiary value of a dying declaration in a criminal trial. CASE TYPE: Criminal Appeal Case Name: Sultan vs. The State of U.P. Judgment Date: 03 August 2022 Introduction Date of

Supreme Court Overturns Conviction in Dowry Death Case Due to Inconsistencies in Dying Declaration: Sultan vs State of UP (03 August 2022) Read Post »

Supreme Court Upholds Conviction in Dowry Death Case Based on Dying Declarations: Gorabai vs. State of Madhya Pradesh (20 July 2022)

/ Bela M. Trivedi, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 147, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, Sanjiv Khanna

Supreme Court Upholds Conviction in Dowry Death Case Based on Dying Declarations: Gorabai vs. State of Madhya Pradesh (2022) Date of the Judgment: 20 July 2022 Citation: Criminal Appeal No. 1293 of 2018 Judges: Sanjiv Khanna, J., Bela M. Trivedi, J. Can discrepancies in witness testimonies regarding a dying declaration undermine a conviction in a

Supreme Court Upholds Conviction in Dowry Death Case Based on Dying Declarations: Gorabai vs. State of Madhya Pradesh (20 July 2022) Read Post »

Supreme Court Classifies Anardana: Customs Duty Dispute Resolved (2022)

/ Bela M. Trivedi, Classification of Goods, Customs Law, Customs Tariff Act, 1975, Customs Tariff Act, 1975 with Section 0813, Customs Tariff Act, 1975 with Section 1209, Import Policy, Judges, Sanjiv Khanna

Supreme Court Classifies Anardana: Customs Duty Dispute Resolved (2022) LEGAL ISSUE: Classification of dried pomegranate seeds (anardana) for customs duty. CASE TYPE: Customs and Excise Law Case Name: Commissioner of Customs and Central Excise, Amritsar vs. M/s D.L. Steels Etc. Judgment Date: 11th July 2022 Introduction Date of the Judgment: 11th July 2022 Citation: Civil

Supreme Court Classifies Anardana: Customs Duty Dispute Resolved (2022) Read Post »

Supreme Court clarifies the scope of Regulation 10 of SEBI Takeover Regulations, 1997: SEBI vs. Sunil Krishna Khaitan & Ors (2022) INSC 608 (11 July 2022)

/ Bela M. Trivedi, Interpretation of Acquirer, Judges, Powers of SEBI, Sanjiv Khanna, SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 1997, SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 with Regulation 10, SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 with Regulation 11(1), Securities and Exchange Board of India Act, 1992, Securities and Exchange Board of India Act, 1992 with Section 15H

Supreme Court clarifies the scope of Regulation 10 of SEBI Takeover Regulations, 1997: SEBI vs. Sunil Krishna Khaitan & Ors (2022) INSC 608 (11 July 2022) LEGAL ISSUE: Interpretation of Regulation 10 of the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 1997, and the powers of the Securities and Exchange Board of India (SEBI)

Supreme Court clarifies the scope of Regulation 10 of SEBI Takeover Regulations, 1997: SEBI vs. Sunil Krishna Khaitan & Ors (2022) INSC 608 (11 July 2022) Read Post »

Supreme Court Acquits Accused in Double Homicide Case Citing Weak Evidence (27 May 2022)

/ Bela M. Trivedi, Dhananjaya Y. Chandrachud, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 30, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 201, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body

Supreme Court Acquits Accused in Double Homicide Case Citing Weak Evidence (27 May 2022) LEGAL ISSUE: Whether the accused can be convicted based on circumstantial evidence, extra-judicial confession of a co-accused, and the “last seen together” theory, when the factum of homicidal death is not conclusively proven. CASE TYPE: Criminal Case Name: Chandrapal vs. State

Supreme Court Acquits Accused in Double Homicide Case Citing Weak Evidence (27 May 2022) Read Post »

Supreme Court Upholds Investigation Powers of SFIO Under Companies Act: Serious Fraud Investigation Office vs. Sahara Housing Investment Corporation Limited (26 May 2022)

/ Bela M. Trivedi, Companies Act, 2013, Companies Act, 2013 with Section 212, Companies Act, 2013 with Section 219, Dhananjaya Y Chandrachud, Judges, Serious Fraud Investigation Office (SFIO)

Supreme Court Upholds Investigation Powers of SFIO Under Companies Act Can the Serious Fraud Investigation Office (SFIO) continue an investigation even after the initially stipulated time has passed? The Supreme Court of India recently addressed this crucial question regarding the powers of the SFIO under the Companies Act, 2013. The Court’s decision clarifies the scope

Supreme Court Upholds Investigation Powers of SFIO Under Companies Act: Serious Fraud Investigation Office vs. Sahara Housing Investment Corporation Limited (26 May 2022) Read Post »

Supreme Court Commutes Death Penalty in Triple Murder Case: Manoj & Ors. vs. State of Madhya Pradesh (20 May 2022)

/ Bela M. Trivedi, Code of Criminal Procedure, Code of Criminal Procedure with Section 102(3), Code of Criminal Procedure with Section 313, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Judges, Offences Against Human Body, S. Ravindra Bhat, Uday Umesh Lalit

Supreme Court Commutes Death Penalty in Triple Murder Case: Manoj & Ors. vs. State of Madhya Pradesh (2022) LEGAL ISSUE: Whether the death penalty imposed on the appellants was justified in a case of triple murder. CASE TYPE: Criminal Law Case Name: Manoj & Ors. vs. State of Madhya Pradesh Judgment Date: 20 May 2022

Supreme Court Commutes Death Penalty in Triple Murder Case: Manoj & Ors. vs. State of Madhya Pradesh (20 May 2022) Read Post »

Supreme Court Upholds Widow’s Right to Property Under Section 14(1) of Hindu Succession Act: Munni Devi vs. Rajendra (2022)

/ Ajay Rastogi, Bela M. Trivedi, Hindu Adoption and Maintenance Act, 1956, Hindu Adoption and Maintenance Act, 1956 with Section 27, Hindu Succession Act, 1956, Hindu Succession Act, 1956 with Section 14(1), Judges, Maintenance Rights, Property Rights of Women

Supreme Court Upholds Widow’s Right to Property Under Section 14(1) of Hindu Succession Act: Munni Devi vs. Rajendra (2022) LEGAL ISSUE: Whether a Hindu widow’s pre-existing right to maintenance, coupled with settled possession of property, ripens into full ownership under Section 14(1) of the Hindu Succession Act, 1956. CASE TYPE: Civil Law – Property Rights

Supreme Court Upholds Widow’s Right to Property Under Section 14(1) of Hindu Succession Act: Munni Devi vs. Rajendra (2022) Read Post »

Supreme Court Clarifies Arbitration Under Section 21 of the Arbitration Act, 1940: M.P. Rajya Tilhan Utpadak vs. Modi Transport (2022)

/ Appointment of Commissioners, Arbitration Act, 1940, Arbitration Act, 1940 with Section 21, Bela M. Trivedi, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXVI, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 2, Judges, Sanjiv Khanna

Supreme Court Clarifies Arbitration Under Section 21 of the Arbitration Act, 1940: M.P. Rajya Tilhan Utpadak vs. Modi Transport (2022) LEGAL ISSUE: Whether a matter in a pending suit can be referred to arbitration under Section 21 of the Arbitration Act, 1940 without a clear agreement between all parties. CASE TYPE: Civil Case Name: M.P.

Supreme Court Clarifies Arbitration Under Section 21 of the Arbitration Act, 1940: M.P. Rajya Tilhan Utpadak vs. Modi Transport (2022) Read Post »

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