Dinesh Maheshwari

Supreme Court Remands Second Appeal for Fresh Hearing: Ranjit Kumar Karmakar vs. Hari Shankar Das (2019)

Supreme Court Remands Second Appeal for Fresh Hearing: Ranjit Kumar Karmakar vs. Hari Shankar Das (2019) Date of the Judgment: April 16, 2019 Citation: 2019 INSC 386 Judges: Abhay Manohar Sapre, J., Dinesh Maheshwari, J. Can a High Court, in a second appeal, decide the case without addressing the substantial questions of law it initially […]

Supreme Court Remands Second Appeal for Fresh Hearing: Ranjit Kumar Karmakar vs. Hari Shankar Das (2019) Read Post »

Supreme Court Remands Income Tax Case: Proper Framing of Questions of Law Required (2019)

Supreme Court Remands Income Tax Case: Proper Framing of Questions of Law Required (2019) LEGAL ISSUE: The core legal issue revolves around the High Court’s procedure in dealing with appeals under Section 260A of the Income Tax Act, 1961, specifically regarding the framing of substantial questions of law. CASE TYPE: Income Tax Appeal Case Name:

Supreme Court Remands Income Tax Case: Proper Framing of Questions of Law Required (2019) Read Post »

Supreme Court Orders Examination of Witness in Dowry Death Case: Manju Devi vs. State of Rajasthan (2019)

Supreme Court Orders Examination of Witness in Dowry Death Case: Manju Devi vs. State of Rajasthan (2019) LEGAL ISSUE: Whether a trial court can reject an application to summon a material witness in a dowry death case based on the delay in the trial. CASE TYPE: Criminal Case Name: Manju Devi vs. State of Rajasthan

Supreme Court Orders Examination of Witness in Dowry Death Case: Manju Devi vs. State of Rajasthan (2019) Read Post »

Supreme Court Upholds Revenue Records in Land Dispute: Chandrika vs. Sudama (2019)

Supreme Court Upholds Revenue Records in Land Dispute: Chandrika vs. Sudama (2019) LEGAL ISSUE: Whether the High Court was justified in affirming the orders of the Revenue Authorities regarding the entry of names in revenue records. CASE TYPE: Civil Land Dispute Case Name: Chandrika (Dead) by LRs. vs. Sudama (Dead) Thr. LRs. & Ors. [Judgment

Supreme Court Upholds Revenue Records in Land Dispute: Chandrika vs. Sudama (2019) Read Post »

Supreme Court Orders Framing of Attempt to Murder Charge: Bihari Lal vs. State of Rajasthan (2019)

Supreme Court Orders Framing of Attempt to Murder Charge: Bihari Lal vs. State of Rajasthan (2019) LEGAL ISSUE: Whether a court can discharge an accused of the charge of attempt to murder (Section 307 of the Indian Penal Code, 1860) based on its own assessment of medical reports at the stage of framing charges. CASE

Supreme Court Orders Framing of Attempt to Murder Charge: Bihari Lal vs. State of Rajasthan (2019) Read Post »

Supreme Court mandates reasoned orders in eviction cases: Kushuma Devi vs. Sheopati Devi (2019) INSC 197

Supreme Court mandates reasoned orders in eviction cases: Kushuma Devi vs. Sheopati Devi (2019) INSC 197 Date of the Judgment: April 08, 2019 Citation: (2019) INSC 197 Judges: Abhay Manohar Sapre, J., Dinesh Maheshwari, J. Can a High Court dismiss a writ petition without providing any reasons? The Supreme Court of India addressed this critical

Supreme Court mandates reasoned orders in eviction cases: Kushuma Devi vs. Sheopati Devi (2019) INSC 197 Read Post »

Supreme Court sets aside High Court order on Section 148 Income Tax Act notice: Pr. Commissioner of Income Tax vs. Nokia India Pvt. Ltd. (2019)

Supreme Court sets aside High Court order on Section 148 Income Tax Act notice: Pr. Commissioner of Income Tax vs. Nokia India Pvt. Ltd. (2019) LEGAL ISSUE: Whether the High Court was right in dismissing the Revenue’s appeal in limine, holding that it did not involve any substantial question of law, regarding the legality of

Supreme Court sets aside High Court order on Section 148 Income Tax Act notice: Pr. Commissioner of Income Tax vs. Nokia India Pvt. Ltd. (2019) Read Post »

Supreme Court directs adherence to Tamil Nadu Religious Act for Temple Land Evictions: S. Kumar vs. The Commissioner (2019)

Supreme Court directs adherence to Tamil Nadu Religious Act for Temple Land Evictions: S. Kumar vs. The Commissioner (2019) LEGAL ISSUE: Whether the State Authorities and Temple Management can dispossess shop owners from temple premises without following the due process of law as prescribed under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

Supreme Court directs adherence to Tamil Nadu Religious Act for Temple Land Evictions: S. Kumar vs. The Commissioner (2019) Read Post »

Supreme Court Upholds Co-sharer Rights in Property Dispute: T. Ramalingeswara Rao vs. N. Madhava Rao (2019)

Supreme Court Upholds Co-sharer Rights in Property Dispute: T. Ramalingeswara Rao vs. N. Madhava Rao (2019) LEGAL ISSUE: Whether a co-sharer can claim a perpetual injunction against another co-sharer regarding a joint property. CASE TYPE: Civil Property Law Case Name: T. Ramalingeswara Rao (Dead) Thr. LRs. & Anr. vs. N. Madhava Rao & Ors. Judgment

Supreme Court Upholds Co-sharer Rights in Property Dispute: T. Ramalingeswara Rao vs. N. Madhava Rao (2019) Read Post »

Supreme Court Quashes Complaint Against In-Laws in Dowry Harassment Case: Tabrez Khan vs. State of Uttar Pradesh (2019) INSC 286 (05 April 2019)

Supreme Court Quashes Complaint Against In-Laws in Dowry Harassment Case Date of the Judgment: 05 April 2019 Citation: (2019) INSC 286 Judges: Abhay Manohar Sapre, J., Dinesh Maheshwari, J. Can a criminal complaint against in-laws be quashed if the allegations are vague and lack specific details? The Supreme Court of India addressed this question in

Supreme Court Quashes Complaint Against In-Laws in Dowry Harassment Case: Tabrez Khan vs. State of Uttar Pradesh (2019) INSC 286 (05 April 2019) Read Post »

Supreme Court clarifies maintainability of arbitration in unregistered partnerships: Bhagwan Das Goel vs. Pyare Kishan Agarwal (2019)

Supreme Court clarifies maintainability of arbitration in unregistered partnerships: Bhagwan Das Goel vs. Pyare Kishan Agarwal (2019) LEGAL ISSUE: Whether an application for appointment of an arbitrator is maintainable in case of an unregistered partnership firm, given the bar under Section 69(3) of the Partnership Act, 1932. CASE TYPE: Arbitration Law Case Name: Bhagwan Das

Supreme Court clarifies maintainability of arbitration in unregistered partnerships: Bhagwan Das Goel vs. Pyare Kishan Agarwal (2019) Read Post »

Supreme Court clarifies proper reliefs in land dispute cases: Anant Shankar Bhave vs. Kalyan Dombivli Municipal Corporation (2019) INSC 195

Supreme Court clarifies proper reliefs in land dispute cases: Anant Shankar Bhave vs. Kalyan Dombivli Municipal Corporation (2019) INSC 195 LEGAL ISSUE: Proper reliefs in land disputes when a municipal corporation interferes with private land. CASE TYPE: Civil dispute regarding land ownership and municipal encroachment. Case Name: Anant Shankar Bhave vs. Kalyan Dombivli Municipal Corporation.

Supreme Court clarifies proper reliefs in land dispute cases: Anant Shankar Bhave vs. Kalyan Dombivli Municipal Corporation (2019) INSC 195 Read Post »

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