Dhananjaya Y Chandrachud

Supreme Court Clarifies “Pre-Existing Condition” in Overseas Mediclaim Policy: Manmohan Nanda vs. United India Assurance Co. Ltd. (2021)

/ B.V. Nagarathna, Consumer Protection Act, 1986, Dhananjaya Y Chandrachud, Insurance Law, Judges, Mediclaim Policy, Overseas Mediclaim Policy, Pre-Existing Condition, Section 21, Consumer Protection Act, 1986

Supreme Court Clarifies “Pre-Existing Condition” in Overseas Mediclaim Policy: Manmohan Nanda vs. United India Assurance Co. Ltd. (2021) LEGAL ISSUE: Interpretation of “pre-existing condition” in insurance contracts. CASE TYPE: Consumer Law Case Name: Manmohan Nanda vs. United India Assurance Co. Ltd. & Anr Judgment Date: 6th December 2021 Date of the Judgment: 6th December 2021 […]

Supreme Court Clarifies “Pre-Existing Condition” in Overseas Mediclaim Policy: Manmohan Nanda vs. United India Assurance Co. Ltd. (2021) Read Post »

Supreme Court Upholds RBI’s Restrictions on Merchanting Trade of Banned Goods: Akshay N Patel vs. Reserve Bank of India (2021)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 19(1)(g), Dhananjaya Y Chandrachud, Foreign Exchange Management Act, 1999, Foreign Exchange Management Act, 1999 with Section 10(4), Foreign Exchange Management Act, 1999 with Section 11(1), Foreign Trade Policy, Fundamental Rights, Judges, Regulatory Law, Reserve Bank of India, Vikram Nath

Supreme Court Upholds RBI’s Restrictions on Merchanting Trade of Banned Goods: Akshay N Patel vs. Reserve Bank of India (2021) LEGAL ISSUE: Whether the Reserve Bank of India (RBI) can restrict merchanting trade transactions (MTT) for goods whose import or export is banned under India’s Foreign Trade Policy (FTP). CASE TYPE: Constitutional Law, Regulatory Law,

Supreme Court Upholds RBI’s Restrictions on Merchanting Trade of Banned Goods: Akshay N Patel vs. Reserve Bank of India (2021) Read Post »

Supreme Court Upholds BSF Disciplinary Proceedings: Union of India vs. Mudrika Singh (2021)

/ A.S. Bopanna, Border Security Force Act, 1968, Border Security Force Act, 1968 with Section 117, Border Security Force Act, 1968 with Section 24(a), Border Security Force Act, 1968 with Section 48, Border Security Force Rules, 1969, Border Security Force Rules, 1969 with Rule 149, Border Security Force Rules, 1969 with Rule 48, Border Security Force Rules, 1969 with Rule 51, Constitutional Law, Constitutional Law with Article 14, Dhananjaya Y Chandrachud, Judges

Supreme Court Upholds BSF Disciplinary Proceedings: Union of India vs. Mudrika Singh (2021) LEGAL ISSUE: Whether a Commandant of the Border Security Force (BSF) has the jurisdiction to direct the preparation of an additional Record of Evidence (RoE) and whether a Summary Security Force Court (SSFC) is obligated to record reasons for its findings. CASE

Supreme Court Upholds BSF Disciplinary Proceedings: Union of India vs. Mudrika Singh (2021) Read Post »

Supreme Court Clarifies Security Cheque Liability Under Section 138 NI Act: Sunil Todi vs. State of Gujarat (2021)

/ A. S. Bopanna, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 202, Dhananjaya Y Chandrachud, Judges, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 141, Procedure for Summons

Supreme Court Clarifies Security Cheque Liability Under Section 138 NI Act: Sunil Todi vs. State of Gujarat (2021) LEGAL ISSUE: Whether a cheque issued as security is covered under Section 138 of the Negotiable Instruments Act, 1881. CASE TYPE: Criminal Law, Negotiable Instruments Act Case Name: Sunil Todi & Ors. vs. State of Gujarat &

Supreme Court Clarifies Security Cheque Liability Under Section 138 NI Act: Sunil Todi vs. State of Gujarat (2021) Read Post »

Supreme Court allows adjustment of protest payments against pre-deposit for appeals under Maharashtra Value Added Tax Act: VVF (India) Limited vs. State of Maharashtra (2021) INSC 722 (03 December 2021)

/ A.S. Bopanna, Constitutional Law, Constitutional Law with Article 226, Dhananjaya Y Chandrachud, Judges, Maharashtra Value Added Tax Act, 2002, Maharashtra Value Added Tax Act, 2002 with Section 26(6A), Pre-deposit for appeals, Tax Assessment

Supreme Court Allows Adjustment of Protest Payments Against Pre-Deposit for Appeals in Maharashtra VAT Act Date of the Judgment: 03 December 2021 Citation: (2021) INSC 722 Judges: Dr. Dhananjaya Y Chandrachud, J and A.S. Bopanna, J Can a payment made under protest before an assessment order be considered as part of the mandatory pre-deposit required

Supreme Court allows adjustment of protest payments against pre-deposit for appeals under Maharashtra Value Added Tax Act: VVF (India) Limited vs. State of Maharashtra (2021) INSC 722 (03 December 2021) Read Post »

Supreme Court Clarifies Cognizance of Offences under MMDR Act and IPC in Mining Cases: Pradeep S. Wodeyar vs. State of Karnataka (29 November 2021)

/ B V Nagarathna, Code of Criminal Procedure, Code of Criminal Procedure with Section 193, Code of Criminal Procedure with Section 220, Dhananjaya Y Chandrachud, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 23, Judges, Mines and Minerals (Development and Regulation) Act, 1957, Mines and Minerals (Development and Regulation) Act, 1957 with Section 22, Mines and Minerals (Development and Regulation) Act, 1957 with Section 30B, Offences relating to illegal mining, Vikram Nath

Supreme Court Clarifies Cognizance of Offences under MMDR Act and IPC in Mining Cases LEGAL ISSUE: Whether a Special Court under the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) can take cognizance of offences under the Indian Penal Code (IPC) and whether a Magistrate’s committal is necessary for the Special Court to

Supreme Court Clarifies Cognizance of Offences under MMDR Act and IPC in Mining Cases: Pradeep S. Wodeyar vs. State of Karnataka (29 November 2021) Read Post »

Supreme Court Upholds Loan Waiver Scheme for Small Farmers: State of Tamil Nadu vs. National South Indian River Interlinking Agriculturist Association (23 November 2021)

/ A.S. Bopanna, Constitutional Law, Constitutional Law with Article 14, Dhananjaya Y Chandrachud, Directive Principles of State Policy, Fundamental Rights, Government Policy, Judges, Loan Waiver Schemes, Welfare Schemes

Supreme Court Upholds Loan Waiver Scheme for Small Farmers: State of Tamil Nadu vs. National South Indian River Interlinking Agriculturist Association (2021) LEGAL ISSUE: Whether a government scheme providing loan waivers exclusively to small and marginal farmers is discriminatory and violates Article 14 of the Constitution of India. CASE TYPE: Civil Law, Government Policy. Case

Supreme Court Upholds Loan Waiver Scheme for Small Farmers: State of Tamil Nadu vs. National South Indian River Interlinking Agriculturist Association (23 November 2021) Read Post »

Supreme Court Clarifies NCLT’s Jurisdiction in Contract Termination During CIRP: Tata Consultancy Services vs. SK Wheels (2021)

/ A S Bopanna, Breach of contract, Contract Law, Contract Law with Determinable Contract, Corporate Insolvency Resolution Process, Dhananjaya Y Chandrachud, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238, Insolvency and Bankruptcy Code, 2016 with Section 60(5)(c), Judges, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 14

Supreme Court Clarifies NCLT’s Jurisdiction in Contract Termination During CIRP: Tata Consultancy Services vs. SK Wheels (2021) LEGAL ISSUE: Scope of the National Company Law Tribunal’s (NCLT) residuary jurisdiction under Section 60(5)(c) of the Insolvency and Bankruptcy Code (IBC) to adjudicate contractual disputes during the Corporate Insolvency Resolution Process (CIRP). CASE TYPE: Insolvency Law, Contract

Supreme Court Clarifies NCLT’s Jurisdiction in Contract Termination During CIRP: Tata Consultancy Services vs. SK Wheels (2021) Read Post »

Supreme Court Directs Accommodation for Dysgraphia in NEET: Avni Prakash vs. NTA (23 November 2021)

/ A.S. Bopanna, Constitutional Law, Dhananjaya Y Chandrachud, Inclusive Education, Judges, Right to Equality, Rights of Persons with Disabilities, Rights of Persons with Disability Act 2016, Rights of Persons with Disability Act 2016 with Section 17, Rights of Persons with Disability Act 2016 with Section 32

Supreme Court Directs Accommodation for Dysgraphia in NEET: Avni Prakash vs. NTA (2021) Date of the Judgment: 23 November 2021 Citation: Civil Appeal No. 7000 of 2021 (Arising Out of SLP (C) No.18591 of 2021) Judges: Dr. Dhananjaya Y Chandrachud, J and A.S. Bopanna, J. Can a student with dysgraphia, a specific learning disability, be

Supreme Court Directs Accommodation for Dysgraphia in NEET: Avni Prakash vs. NTA (23 November 2021) Read Post »

Supreme Court Allows Disinvestment of Residual Stake in Hindustan Zinc Limited, Orders CBI Probe (18 November 2021)

/ B V Nagarathna, Companies Act, Companies Act with Section 2(45), Companies Act with Section 617, Dhananjaya Y Chandrachud, Judges, Metal Corporation (Nationalisation and Miscellaneous Provisions) Act 1976, Metal Corporation (Nationalisation and Miscellaneous Provisions) Act 1976 with Section 4(1), Metal Corporation (Nationalisation and Miscellaneous Provisions) Act 1976 with Section 7

Supreme Court Allows Disinvestment of Residual Stake in Hindustan Zinc Limited, Orders CBI Probe LEGAL ISSUE: Whether the Union Government can disinvest its residual shareholding in Hindustan Zinc Limited (HZL) without amending the Metal Corporation (Nationalisation and Miscellaneous Provisions) Act 1976, and whether a CBI enquiry is warranted into the disinvestment of 26% of HZL’s

Supreme Court Allows Disinvestment of Residual Stake in Hindustan Zinc Limited, Orders CBI Probe (18 November 2021) Read Post »

Supreme Court Upholds Juvenile Status in Heinous Crime Case: Rishipal Singh Solanki vs. State of Uttar Pradesh (2021)

/ B.V. Nagarathna, Dhananjaya Y Chandrachud, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 35, Judges, Juvenile Justice (Care and Protection of Children) Act, 2000, Juvenile Justice (Care and Protection of Children) Rules, 2007, Juvenile Justice Act, 2015, Juvenile Justice Act, 2015 with Section 94

Supreme Court Upholds Juvenile Status in Heinous Crime Case: Rishipal Singh Solanki vs. State of Uttar Pradesh (2021) LEGAL ISSUE: Determination of juvenility in cases involving heinous crimes. CASE TYPE: Criminal Law, Juvenile Justice Case Name: Rishipal Singh Solanki vs. State of Uttar Pradesh & Ors. Judgment Date: 18 November 2021 Date of the Judgment:

Supreme Court Upholds Juvenile Status in Heinous Crime Case: Rishipal Singh Solanki vs. State of Uttar Pradesh (2021) Read Post »

Supreme Court Remands Seniority Dispute in Jammu & Kashmir Judiciary: Vinod Kumar Bhagat vs. State of Jammu & Kashmir (2021)

/ Constitutional Law, Dhananjaya Y Chandrachud, Judges, Promotion, Seniority, Service Law, Service Law with Jammu and Kashmir Reservation Rules, 2005, Surya Kant, Vikram Nath

Supreme Court Remands Seniority Dispute in Jammu & Kashmir Judiciary LEGAL ISSUE: Whether seniority for promotions can be determined based on roster points for reserved categories. CASE TYPE: Service Law. Case Name: Vinod Kumar Bhagat and Ors vs. State of Jammu & Kashmir and Ors. [Judgment Date]: November 17, 2021 Introduction Date of the Judgment:

Supreme Court Remands Seniority Dispute in Jammu & Kashmir Judiciary: Vinod Kumar Bhagat vs. State of Jammu & Kashmir (2021) Read Post »

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