Dipak Misra

Supreme Court Upholds Denial of Promotion Based on Medical Category: SGT Chaman Lal vs. Union of India (2017)

LEGAL ISSUE: Whether a person can be denied promotion due to being in a low medical category despite being empanelled for promotion and having a disability. CASE TYPE: Service Law Case Name: SGT Chaman Lal vs. Union of India and Others [Judgment Date]: July 25, 2017 Date of the Judgment: July 25, 2017 Citation: (2017) […]

Supreme Court Upholds Denial of Promotion Based on Medical Category: SGT Chaman Lal vs. Union of India (2017) Read Post »

Supreme Court Clarifies Definition of ‘Child’ Under POCSO Act: Eera vs. State (2017)

LEGAL ISSUE: Interpretation of the definition of “child” under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). CASE TYPE: Criminal Law, Child Protection Case Name: Ms. Eera Through Dr. Manjula Krippendorf vs. State (Govt. of NCT of Delhi) & Anr. Judgment Date: July 21, 2017 Introduction Citation: 2017 INSC 684. Can a

Supreme Court Clarifies Definition of ‘Child’ Under POCSO Act: Eera vs. State (2017) Read Post »

Supreme Court Upholds Death Penalty in Kidnapping and Murder Case: Vikram Singh vs. State of Punjab (2017)

LEGAL ISSUE: Review of a death penalty in a criminal case. CASE TYPE: Criminal Law Case Name: Vikram Singh @ Vicky Walia and Anr. vs. State of Punjab and Anr. Judgment Date: July 7, 2017 Date of the Judgment: July 7, 2017 Citation: (2017) INSC 635 Judges: Dipak Misra, J., R. Banumathi, J., Ashok Bhushan,

Supreme Court Upholds Death Penalty in Kidnapping and Murder Case: Vikram Singh vs. State of Punjab (2017) Read Post »

Supreme Court prioritizes child’s welfare over comity of courts in custody battle: Nithya Anand Raghavan vs. State of NCT of Delhi (2017)

LEGAL ISSUE: Whether the principle of comity of courts should override the paramount welfare of the child in international child custody disputes. CASE TYPE: Child Custody, Habeas Corpus Case Name: Nithya Anand Raghavan vs. State of NCT of Delhi & Anr. [Judgment Date]: July 3, 2017 Introduction Date of the Judgment: July 3, 2017 Citation:

Supreme Court prioritizes child’s welfare over comity of courts in custody battle: Nithya Anand Raghavan vs. State of NCT of Delhi (2017) Read Post »

Supreme Court: Ineligible Arbitrator Cannot Nominate Successor in Arbitration Cases (03 July 2017)

LEGAL ISSUE: Whether an individual disqualified from acting as an arbitrator can nominate another arbitrator. CASE TYPE: Arbitration Law Case Name: TRF Ltd. vs. Energo Engineering Projects Ltd. Judgment Date: 03 July 2017 Introduction Date of the Judgment: 03 July 2017 Citation: Civil Appeal No. 5306 of 2017 (@ S.L.P. (C) NO. 22912 OF 2016)

Supreme Court: Ineligible Arbitrator Cannot Nominate Successor in Arbitration Cases (03 July 2017) Read Post »

Supreme Court Upholds Prosecution Despite Prior Central Insecticide Lab Analysis: Indofil Industries Ltd. vs. State of Punjab (2017)

LEGAL ISSUE: Whether a prior analysis of a sample by the Central Insecticides Laboratory (CIL) before the filing of a formal complaint bars the accused’s right to have the sample re-analyzed by the CIL after the complaint is filed. CASE TYPE: Criminal Law – Insecticides Act Case Name: Indofil Industries Ltd. and Ors. vs. State

Supreme Court Upholds Prosecution Despite Prior Central Insecticide Lab Analysis: Indofil Industries Ltd. vs. State of Punjab (2017) Read Post »

Supreme Court to Reconsider Drug Quantity Calculation in NDPS Act Cases: Hira Singh vs. Union of India (2017)

LEGAL ISSUE: Whether the quantity of a drug for determining punishment under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) should be based on the pure drug content or the total weight of the mixture. CASE TYPE: Criminal Law Case Name: Hira Singh & Anr. vs. Union of India & Anr. [Judgment Date]:

Supreme Court to Reconsider Drug Quantity Calculation in NDPS Act Cases: Hira Singh vs. Union of India (2017) Read Post »

Supreme Court Upholds University Autonomy in Medical College Affiliation: Maharishi Markandeshwar Medical College & Hospital vs. State of Himachal Pradesh (28 April 2017)

Date of the Judgment: 28 April 2017 Citation: 2017 INSC 410 Judges: Dipak Misra, A.M. Khanwilkar, Mohan M. Shantanagoudar Can a state government force a medical college, which is a part of a private university, to get affiliation from another state university? The Supreme Court of India addressed this crucial question regarding the autonomy of

Supreme Court Upholds University Autonomy in Medical College Affiliation: Maharishi Markandeshwar Medical College & Hospital vs. State of Himachal Pradesh (28 April 2017) Read Post »

Supreme Court Upholds Conviction for Abetment of Suicide in Eve-Teasing Case: Pawan Kumar vs. State of H.P. (28 April 2017)

Can persistent eve-teasing and harassment lead to a conviction for abetment of suicide? The Supreme Court of India recently addressed this critical question in the case of Pawan Kumar vs. State of H.P.. The court examined whether the accused’s actions created a situation that left the victim with no option but to end her life.

Supreme Court Upholds Conviction for Abetment of Suicide in Eve-Teasing Case: Pawan Kumar vs. State of H.P. (28 April 2017) Read Post »

Supreme Court refers the issue of admissibility of Parliamentary Standing Committee reports to Constitution Bench: Kalpana Mehta vs. Union of India (2017)

LEGAL ISSUE: Whether a court can rely on the report of a Parliamentary Standing Committee in a writ petition. CASE TYPE: Public Interest Litigation Case Name: Kalpana Mehta and Others vs. Union of India and Others [Judgment Date]: April 5, 2017 Date of the Judgment: April 5, 2017 Citation: Not Available Judges: Dipak Misra, J.,

Supreme Court refers the issue of admissibility of Parliamentary Standing Committee reports to Constitution Bench: Kalpana Mehta vs. Union of India (2017) Read Post »

Supreme Court Orders Fresh Inspection for Medical College: Subharti Medical College vs. Union of India (2017)

Can a medical college be denied an increase in seats based on a single inspection report? The Supreme Court of India addressed this question in a case involving Subharti Medical College. The court ordered a fresh inspection, highlighting the importance of thorough verification in such matters. This case falls under the ambit of medical education

Supreme Court Orders Fresh Inspection for Medical College: Subharti Medical College vs. Union of India (2017) Read Post »

Supreme Court clarifies maintainability of intra-court appeals in corruption cases: Ram Kishan Fauji vs. State of Haryana (21 March 2017)

LEGAL ISSUE: Whether an intra-court appeal is maintainable against a High Court order in a case related to corruption. CASE TYPE: Criminal Case Name: Ram Kishan Fauji vs. State of Haryana and Ors. Judgment Date: 21 March 2017 Date of the Judgment: 21 March 2017 Citation: (2017) INSC 238 Judges: Dipak Misra, J., A.M. Khanwilkar,

Supreme Court clarifies maintainability of intra-court appeals in corruption cases: Ram Kishan Fauji vs. State of Haryana (21 March 2017) Read Post »

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