Supreme Court Rejects Recusal Plea in Sanjiv Kumar Bhatt Case Date of the Judgment: May 10, 2023 Citation: SLP (Crl.) No. 9445 of 2022 Judges: M.R. Shah, J. and C.T. Ravikumar, J. Can a judge be asked to recuse from a case simply because they made observations about a party in a previous, related case? […]
Supreme Court Rejects Recusal Plea in Sanjiv Kumar Bhatt Case LEGAL ISSUE: Whether a judge should recuse from a case based on prior observations made in a related matter. CASE TYPE: Criminal Case Name: Sanjiv Kumar Rajendrabhai Bhatt v. State of Gujarat & Anr. Judgment Date: 10 May 2023 Introduction Date of the Judgment: 10
Supreme Court clarifies applicability of 2015 Arbitration Amendment Act in appointment of arbitrator: Shree Vishnu Constructions vs. Military Engineering Service (2023) LEGAL ISSUE: Applicability of the Arbitration and Conciliation (Amendment) Act, 2015, specifically Section 11(6A), to court proceedings for the appointment of an arbitrator. CASE TYPE: Arbitration Law Case Name: M/s. Shree Vishnu Constructions vs.
Supreme Court clarifies applicability of 2015 Arbitration Amendment Act: Shree Vishnu Constructions vs. Military Engineering Service (2023) LEGAL ISSUE: Applicability of the Arbitration and Conciliation (Amendment) Act, 2015 to court proceedings under Section 11 of the Arbitration and Conciliation Act, 1996, when the arbitration notice was issued before the 2015 amendment but the court application
Supreme Court Upholds Sale Deed, Rejects ‘Sham Transaction’ Claim: Damodhar Narayan Sawale vs. Tejrao Bajirao Mhaske (2023) LEGAL ISSUE: Whether a registered sale deed can be deemed a sham transaction and void based on claims of it being a collateral security for a loan, and the applicability of the Maharashtra Prevention of Fragmentation and Consolidation
Supreme Court Upholds Sale Deed, Settles Land Dispute: Damodhar Narayan Sawale vs. Shri Tejrao Bajirao Mhaske (2023) LEGAL ISSUE: Validity of a registered sale deed and the applicability of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947. CASE TYPE: Civil Case Name: Damodhar Narayan Sawale (D) through LRs. vs. Shri Tejrao Bajirao
Supreme Court Remands Land Acquisition Cases: State of Haryana vs. Hira Singh (2023) LEGAL ISSUE: Whether land acquisitions lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, if compensation isn’t paid and possession is not taken. CASE TYPE: Land Acquisition Case Name: The State
Supreme Court Upholds Auction Sale Over Prior Agreement: Vikram Kumar vs. State Bank of Hyderabad (2023) Date of the Judgment: May 2, 2023 Citation: Civil Appeal Nos. 3152-3153 of 2023 (@ SLP (Civil) Nos. 5973-5974 of 2018) Judges: M.R. Shah, J. and C.T. Ravikumar, J. Can a prior agreement to sell a property override a
Supreme Court Upholds Auction Sale, Rejects Agreement Holder’s Claim in SARFAESI Case LEGAL ISSUE: Whether an agreement to sale holder can challenge an auction notice under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and claim rights over the property. CASE TYPE: Securitisation and Debt Recovery Case
Supreme Court Remands Land Acquisition Cases: State of Haryana vs. Hira Singh (2023) LEGAL ISSUE: Whether land acquisitions lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, when compensation hasn’t been paid and physical possession remains with the original owners. CASE TYPE: Land Acquisition
Supreme Court Upholds Contractual Clause: Specific Performance Denied in Land Sale Dispute LEGAL ISSUE: Whether a clause in a sale agreement providing for double the advance payment as remedy for non-performance bars a decree for specific performance. CASE TYPE: Civil (Contract Law) Case Name: T.D. Vivek Kumar & Anr. vs. Ranbir Chaudhary [Judgment Date]: 28
Supreme Court clarifies specific performance in sale agreement: T.D. Vivek Kumar vs. Ranbir Chaudhary (2023) Date of the Judgment: 28 April 2023 Citation: 2023 INSC 462 Judges: M.R. Shah, J. and C.T. Ravikumar, J. Can a buyer demand specific performance of a sale agreement if the agreement itself stipulates a remedy for non-performance? The Supreme
